Real Estate Documents
Unless otherwise requested and paid for, document preparation does not include 3rd party fees, negotiation, representation, or other services except drafting the document itself. Fees are based on reasonable and predictable efforts required in a typical transaction. The actual fee charged may be different from the fee quoted because of the facts of your particular transaction. More complex transactions require additional drafting time and revisions, and the fee will be adjusts to reflect additional work.
- Purchase & Sale Contracts
- Deeds
- Leases
- Notes/Liens
- Options
- Title-related Documents
- Other Real Estate Documents
Purchase & Sale Contracts
Earnest money contract
Earnest money addendum
TREC addendum to a wraparound purchase
TREC addendum with custom “special provisions”
Assignment of contract
Deeds
Warranty deeds (simple and complex)
Deed pair to create Joint Tenancy with Rights of Survivorship
Deed in lieu of foreclosure
Leases
Landlord-oriented
Lease-purchase
Lease-purchase addendum to a lease
Lease-option
Lease-option addendum to a lease
Notes/Liens
Promissory note (secured by real estate lien)
Deed of trust
Note: Ehlert & Associates is listed as trustee as a placeholder. This is not a free service, is not consent to serve as trustee to foreclose, and is for placeholder purposes only. Foreclosure services is an additional fees.
Inter-creditor agreement
Release of note and lien
Sale and assignment of note and lien
Options
Option to purchase
Assignment of option
Option agreement (right of first refusal)
Title-related Documents
Affidavit of heirship
Affidavit of adverse possession
Partition agreement
Other Real Estate Documents
Power of attorney
Personal guarantee
Equity participation agreement (simple)
Construction project contract
Construction escrow agreement
Transaction Packages
We combined often requested sets of documents into packages at reduced rates as a service to clients. These include “creative transactions” for real estate investors designed to comply with Texas and Federal requirements. No package is meant as a substitute for legal advice or counsel. If, in the course of drafting documents in these packages, we feel you will use them to engage in unlawful or fraudulent activity, we reserve the right to withdraw as your attorney.
Private financing package
1st Lien, 2nd Lien, Equity Participation
For use where a private makes a loan to the borrower for the purchase of real estate, or the owner-seller finances part of the purchase price (takes back a note) from their buyer.
Documents included:
- Warranty Deed
- Promissory Note
- Deed of Trust/Lien
- Attorney Letter (non-representation)
- Lender’s instructions to title company
Optional:
- Personal guaranty (for entity-borrower)
- Business purpose affidavit (for individual-borrower)
"Subject to" package
Investor’s buy-side.
Buyers use this package to purchase properties subject to the Seller’s existing mortgage.
Documents include (subject-to provisions for): addendum to TREC or custom earnest money contract, notices and disclosures (10 to 12 separate documents), warranty deed.
Wraparound sell package
Investor’s sell-side or Owner financing.
Sellers use this package to sell properties with owner financing and there is an existing mortgage. Documents include (wrap provisions for): warranty deed, promissory note, deed of trust, notices and disclosures.
Land trust package
An alternative way of buying and selling properties with an existing mortgage in place. This is not meant as an estate planning tool.
Documents include: revocable trust, warranty deed into trust.
Construction contract package
General Contractors and Owners use this to reduce conflict in rehab projects.
Documents include: construction contract (balanced provisions between owner/contractor), change order (contract modification), rehab budget spreadsheet.
Wholesale package
Template (no drafting) package for individuals assign residential earnest money contracts to third party buyers.
Documents include: simple earnest money contract, assignment of contract, advertising disclaimer.
Real Estate Services
Real estate consultation
General consultation – We review and evaluate a client’s case, explain options, and help develop a course of action. Engagement ends at the close of the meeting: $180 per hour.
Asset protection review – We evaluate your assets, business structure, risk profile, and advise whether changes or modifications are recommended to mitigate liability exposure and loss (asset value).
Review and comment
This is the least involved client representation we offer. We comment on the strengths and weaknesses of a contract the parties drafted, and suggest changes based on our client’s objectives. We answer questions regarding the legality, enforceability, and meaning of the contract. We do not revise or draft at this level, nor negotiate on the client’s behalf.
$200/hr, minimum 2 hours
Table closing / Escrow services (no title insurance)
We provide many of the escrow functions of a title company for buyers and sellers who do not require a title search or issuance of a title policy. This is not recommended for most buyers because they are at greater risk of loss if there are undisclosed liens or defects (see, Policies). Ehlert & Associates reserves the right to refuse service at the Firm’s discretion.
Services include:
- escrow of funds (additional fees apply),
- preparing settlement statements,
- notarizing documents,
- document processing (copy, scan, deliver to parties – not drafting or negotiating), and
- recording deed and deed of trust
Not included:
- recording fees
- 3rd party fees
- drafting documents or negotiating with any party
- reviewing the documents in detail
Each Texas county has its own schedule of fees for filing in their real property records. Documents are mailed by 1st class mail unless other arrangements are made. Clients are responsible for filing documents outside of Texas. See our Policies page for further issues affecting table closings.
Lender's foreclosure
Ehlert & Associates can substitute as trustee on a lender’s deed of trust and proceed to sale the property according to Texas’ Property Code. Please note that last-minute bankruptcy filings by the borrower will force the foreclosure process to stop. In that event, our representation ceases. The last 1/4 of the fee is refunded (representing the fee for conducting the sale). The lender will need representation in bankruptcy proceedings to seek a relief from the automatic stay.
Fee does not include filing fees, postage, or travel costs. Additional fee for counties outside Harris, Fort Bend, Waller, Montgomery, and Brazos.
Service includes:
- sending Notice of Default and Acceleration (1st class and certified)
- sending Notice of Foreclosure (1st class and certified)
- filing Notice of Foreclosure with county clerk
- conducting sale, collecting funds
recording Trustee’s deed
Payment is due in two installments, 1) at engagement to start and 2) before filing notice of foreclosure with county clerk: fees start at $3,600 (R), $5,000 (C).
Foreclosure defense
If there is a meritorious defense available, we assist clients in defending against foreclosure. Real estate consultation fee applies for initial meeting, but may be waived at our discretion if we take your case. Fees for this service vary by the facts of the circumstances presented. See our Articles section for more information.
Temporary Restraining Order (TRO): 14-days from foreclosure auction: from $3,000; 7-days from foreclosure auction: from $5,000; Wednesday before foreclosure Tuesday: from $7,000. No request will be taken later than the Wednesday before foreclosure Tuesday. Any request accepted later than that date may not be heard by a judge in time to serve the lender’s trustee, if the order is granted by the court, before the foreclosure sale. A TRO is rarely granted.
Trustee services
For land trust only, not for services as trustee on lender’s dee of trust (see Lender’s foreclosure, above). Fees paid annually in advance and does not include litigation disputes as trustee: $1,500 per year, plus $75 per additional document forwarded. Does not include fees for participation in suits against the trust. Additional services required are billed at the Firm’s hourly rate.
Lien release and removal
Results vary and may require litigation. Fees are priced per abstract of judgment: from $2,000, billed hourly, per lien.
Landlord evictions & Tenant defense
See our Landlord & Tenant Representation page for more details on this service.
Real Estate Transaction Representation
Representation
Clients determine the level of our involvement (and expense related to) representing them as buyers or sellers in real estate transactions.
Review and comment
This is the least involved client representation we offer. We comment on the strengths and weaknesses of a document the parties drafted, and suggest changes based on our client’s objectives. We answer questions regarding the legality, enforceability, and meaning of the document. We do not revise or draft at this level, nor negotiate on the client’s behalf.
Real estate syndications are treated under our Securities Law practice.
$200/hr, minimum 2 hours
Draft and revise
We draft the initial docs or review/comment/revise the other party’s document. This level is does not include ongoing revisions, negotiation, or brokerage functions. See Document drafting, above.
Ongoing review/comment/revise
Multiple iterations of review/comment/revision of the client’s earnest money contract, title commitment, and closing documents; does not include negotiations or brokerage with opposing parties.
Counsel through closing
No limit review/comment/revise on documents related to the transaction, and advise on areas related to the transaction. Does not include negotiation or broker services.
Attorney brokerage services
Full counsel services and negotiation on client’s behalf with other parties to the transaction. 3% of the sales price with a minimum $6,000 regardless of the outcome, or actual hourly rate.