01If a default is running, the calendar decides for you
Quick answerA Texas foreclosure sale is a public auction between 10 a.m. and 4 p.m. on the first Tuesday of the month, with at least 21 days' notice and at least 20 days to cure before that notice is given.
This is the single largest difference between selling under pressure in Texas and doing it almost anywhere else. There is no court proceeding to slow things down and no judge to persuade. The sale happens at the county courthouse on a date set by statute, and the whole sequence from cure period to auction can run in under two months.
The practical consequence for a seller is that the comparison on this page changes shape. A 60 to 120 day listing is a real option in normal circumstances and an unavailable one once a notice of sale has been filed. That is the honest reason a cash offer is sometimes worth taking at a number you would otherwise refuse.
It cuts the other way too. A statutory deadline is the oldest lever in the business, and an operator who knows the auction date knows exactly how much time you think you have. Establish the real date from the filed notice rather than from anyone who wants to buy your house.
- Get the notice of sale from the county clerk and read the date on it yourself.
- Confirm whether the servicer gave the required cure period before the notice was given.
- Note that the sale must begin within three hours of the time stated in the notice, so the window is narrower than a whole day.
- Ask any buyer to put the closing date in the contract against that auction date, not against a vague number of days.
02Make them put the equitable interest in writing
Quick answerTexas lets a person assign a purchase contract without a real estate license only if they disclose the nature of that equitable interest in writing. Failing to disclose it is itself unlicensed brokerage.
Some operators buy your house. Others put it under contract and assign that contract to someone else for a fee. Those are different transactions with different chances of collapsing, and Texas has chosen to regulate the second one through a disclosure rule rather than a prohibition.
That makes your question unusually easy to ask and unusually hard to dodge. Will the entity signing this contract be the entity on the deed at closing, and if not, will you give me the written disclosure of your equitable interest? A direct buyer answers the first half immediately. A legitimate assignor answers the second half immediately. Anyone who does neither has told you which category they are in.
Two companies in our ranked set answered this without being asked, in opposite directions. One states that it is the actual buyer and does not sell the contract on. Another discloses that the purchasing entity is an affiliated holding company and that properties are generally resold as-is on the same day. Both disclosures are useful. Silence is not.
03The disclosure notice is owed before the contract, not at closing
Quick answerThe Seller's Disclosure Notice is due on or before the effective date of the contract, and delivering it late gives the buyer seven days to terminate for any reason.
The notice applies to residential real property comprising not more than one dwelling unit. Selling as-is does not remove it. There are genuine statutory exemptions, and several of them cover exactly the situations that push people toward a cash sale: a transfer by a trustee in a foreclosure, by an executor or administrator, by a trustee in bankruptcy, between co-owners, or to a spouse or close relative.
If you are exempt, establish that in writing with your title company rather than assuming it. If you are not, treat the notice as preparation rather than paperwork, because the seven-day termination right that attaches to a late one is a live option working against you during the exact week you are trying to close.
There is also a route around it that sellers rarely hear about: the notice is not required if the seller furnishes the purchaser a written title insurance commitment and the purchaser can terminate on title objections. That is a conversation to have with the title company, not with the buyer.
- Confirm with your title company whether a statutory exemption applies to your sale.
- If none applies, complete the notice before you sign anything, not after.
- Remember what you are not required to disclose: a death by natural causes, suicide or accident unrelated to the property's condition, or a previous occupant's HIV or AIDS diagnosis.
- Disclosure is not a repair obligation. Disclosing a defect does not commit you to fixing it.
04Find out what district your house is in before you price it
Quick answerIf the property sits in a public improvement district, you owe the buyer a statutory assessment notice before a binding contract, and getting it wrong can expose you to a damages claim.
A great deal of newer Texas housing sits inside a district that levies its own assessment on top of ordinary property tax. Where that district is a public improvement district, the Property Code requires the seller to give the purchaser a prescribed written notice before the contract is executed, and requires the purchaser to sign it.
The notice is blunt on purpose. It tells the buyer that an assessment has been levied against the property, that it may be paid in full at any time, that unpaid installments vary from year to year depending on interest and collection and delinquency costs, and that failure to pay may result in a lien and foreclosure. A buyer reading that for the first time at closing is a buyer who renegotiates.
The consequences of skipping it are not symbolic. A purchaser may terminate within seven days of receiving a late notice, and may bring a suit for damages covering all costs relative to the purchase plus interest and attorney's fees. If the notice is furnished at or before closing and the purchaser elects to close anyway, those rights are conclusively presumed waived, which is why the timing is the whole issue.
- Ask the title company early which districts the property sits in, and get it in writing.
- Find out whether an assessment is outstanding and what the annual installment currently is.
- Decide before you negotiate whether you intend to pay it off at closing or pass it on.
- Give the notice before the contract is signed, not at the closing table.
05On the coast, the insurance line decides who can buy
Quick answerThe state windstorm insurer covers 14 named counties and part of Harris County, and it covers wind and hail only. Flood and storm surge are not included.
If your property is in Aransas, Brazoria, Calhoun, Cameron, Chambers, Galveston, Jefferson, Kenedy, Kleberg, Matagorda, Nueces, Refugio, San Patricio or Willacy county, or in the named parts of Harris County inside the city limits and east of Highway 146, wind coverage is a separate question from the rest of your insurance and often a separate policy.
The point that catches sellers out is scope. The association states that its policies cover wind and hail losses only and that no other perils are covered. A buyer who assumes a windstorm policy is hurricane cover discovers otherwise during underwriting, and the deal reprices or dies at that moment rather than at the start.
There is also a construction-compliance layer. The state requires coastal property to meet certain building standards to obtain windstorm insurance, evidenced by a certificate of compliance issued after inspection. If work has been done on the structure and no certificate exists for it, that gap is worth finding before a buyer's insurer finds it for you.
- Confirm whether your county, or your part of Harris County, is inside the coverage area.
- Establish what wind coverage currently exists on the property and what it excludes.
- Ask whether a certificate of compliance exists for any structural work that has been done.
- Treat flood as an entirely separate question, because the windstorm policy does not answer it.