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ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 16370
Experience:  Licensed General Practice Attorney, Texas
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A bought real property couple months ago from B. Legal title

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A bought real property couple months ago from B. Legal title has not been transferred to A. What must A do to legally transfer title to his name?

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

That's actually pretty simple. The seller would have to execute a deed giving the buyer the property. This can be a quitclaim deed, or a warranty deed.

ScottyMacEsq :

A warranty deed is where the seller guarantees that he has title to the property and that he is transferring it.

ScottyMacEsq :

A quitclaim deed is where the seller is not guaranteeing that he owns anything, but what he does own, he is transferring.

ScottyMacEsq :

You can find the forms here: http://www.uslegalforms.com/deedforms/texas-deed-forms.htm

ScottyMacEsq :

Once the form is filed out, with the transfer language, the legal description of the property (which should match the deed that the seller has that gave him rights to the property initially), and the seller signs it (it should be notarized as well), title passes at that moment. It should be filed, but it's not necessary to do so to pass title to the buyer.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

A now wants title to the property to go to his daughter. Q: Can he simply substitute his daughter for himself in the deed or will he have to incur additional expenses by first transferring & recording the property in his name & then later deeding the property to his daughter? (remember he bought the property a couple of months ago).

ScottyMacEsq :

He could have the property go to his daughter, directing B to issue it to his daughter instead of him.

ScottyMacEsq :

Did you have any other questions before you rate this answer?

Customer:

So it will not matter that contract states A bought property & not daughter?

ScottyMacEsq :

That's correct. Now the daughter would not be able to enforce the contract, should the seller breach (since she was not a party), but she does not have to be on the contract for the buyer to direct the seller to transfer to her name.

ScottyMacEsq :

Did you have any other questions before you rate this answer?

Customer:

No,thanks

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