Texas Real Estate Law

Fees

READ THESE TERMS, CONDITIONS, AND POLICIES BEFORE ENGAGING THIS FIRM. THEY ARE PART OF ALL FEE AGREEMENTS WITH ALL CLIENTS.

The Initial Consultation

At the initial consultation your documents are reviewed, the case is evaluated, options are explained, and a course of action is recommended. The fee is $150 for residential matters and $250 for commercial matters. The consultation fee is due at the time of the consultation and prior to preparation of legal documents or any detailed advice.

There are no artificial time limits on the consultation … we discuss the case thoroughly until legal advice and guidance are substantially complete. Reasonable follow-up questions are included. If a document needs to be created or revised, this can often be done immediately for the fee customarily charged for that document

We need to see all your paperwork to effectively advise you! Documents and correspondence pertaining to your case should be emailed or faxed to (832) 201-5321.

Flat fees are quoted whenever possible (see below). However, when hourly billing is appropriate, the rate is $200 per hour for out-of-court time and $250 per hour for in-court time. Travel time is billed at $100 per hour.

Contingency fee cases are NOT accepted.

You are invited to compare our fees with those charged by other board-certified lawyers with comparable experience. We believe our fees are extremely reasonable; however, we make no attempt to be a discount law office, nor will we negotiate fees.

Payment

Payment is by credit or debit card online, check, cash, wire, or direct deposit at our bank. E-checks are NOT accepted. Go to Make Payment.

Sample Fees — Sales Contracts

Review/Comment on Sales Contracts: This is the minimum level of attorney involvement in the purchase or sale of property. It is also the only option available in the case of a contract that is already signed. Comments and suggested changes are offered, as are answers to any questions concerning the legality of the contract or the meaning of any particular provisions. However, no drafting or re-drafting of contract provisions is included. The fee is $150.

Review/Revision of Sales Contracts: This is a second-tier level of legal representation. Preparation and/or revision of the contract and its provisions is included. Negotiations with the other party remain the responsibility of client. The objective is a document favorable to the client which is then delivered in Microsoft Word or Wordperfect. The attorney's responsibility ends at that point. Note that this option is not available if the contract has already been signed. If the transaction is residential, the fee is .001% of the sales price, subject to a $225 minimum (Example: $400,000 sales price, $400). If the transaction is commercial, then the fee is .0005% of the sales price subject to a $550 minimum.

Full legal representation through closing. This is the preferred option if the client wishes comprehensive legal representation from preparation of the contract through review of closing documents. It includes drafting, re–drafting, and negotiations relating to legal provisions. The fee is .005% of the sales price in residential transactions, with a floor of $750. In commercial transactions, the fee is .001% of the sales price and the floor is $1,200. In commercial cases, one half of the fee is payable in advance and is not contingent upon closing. The second half may be paid at closing.

Full legal and brokerage representation. Mr. Willis is a real estate broker as well as a lawyer and is able to offer a unique and superior level of comprehensive service for a percentage of the transaction. Depending on whether the client is the buyer or the seller, and the involvement of realtors in the transaction, services may be offered at 1% to 3% of the sales price. This is an excellent option for buyers, since the buyer's fees are usually paid on a commission basis by the seller. The buyer pays a $250 deposit which he then receives back if the transaction closes – otherwise there is no charge. But circumstances vary … talk to us before you submit an offer or sign anything.

Sample Fees — Litigation

Only quality cases with legal merit are accepted. The hourly rate usually applies, although we may agree instead to a series of flat fee installments. The initial non-refundable retainer for commencing litigation as a plaintiff is usually $5,000 plus $500 in costs. The amount of the retainer depends on the complexity of the case, the number of parties, and the court to which it is assigned. Actual, provable damages should be at least $15,000. The initial non-refundable retainer for lawsuit defense is usually $3,500 unless the client wishes to file a counterclaim, in which case the retainer is $5,000 plus $300 in costs. Travel time is billed at half the hourly rate. Contingency fee arrangements are not available. For more information, go to Articles and read Texas Litigation – An Introduction.

Key Policies Applicable to All Clients

Document preparation: Fees for document preparation do not include negotiating the terms of the document with an opposing party or on-going representation unless there is an hourly fee arrangement or unless Mr. Willis agrees to act as your broker for a percentage.

Costs. A quote for legal fees (even a flat fee) does NOT include costs and expenses.

Flat fees. Flat fees are an accommodation to the client and are quoted with the understanding that adjustment may be necessary if there is a substantial increase in legal work due to unexpected or unforeseen circumstances.

Clients agree to use email whenever possible to avoid phone tag. Clients agree to check their email at least once daily.

Fees and retainers, once paid, are always non-refundable. Overpayments or credits to a client's account must be used within 6 months or they expire.

Scope of fees. Flat fees do not include travel, research in the courthouse, physically inspecting property, and the like unless express prior arrangements are made.

Payment of Invoices. For billing of on-going matters, payment is late 10 days after date of invoice. If payment is not made, the attorney is automatically relieved of any obligation to continue delivering legal services.

NSF Checks or Rejected Card Payments. This office has a zero tolerance policy on such matters, which will result in immediate termination of representation and possible legal action.

Title Insurance. We are not affiliated with a title company and do not offer title insurance. A title search may be obtained but is not included in the fee for closing a transaction.

No tax advice. We do not give tax advice. All clients are encouraged to have a good CPA that should be consulted along with an attorney.

Client files. Clients are given copies of documents and correspondence as a case progresses. Keeping and maintaining these copies in an orderly manner is the client's responsibility. Our file remains the property of this office and may be disposed of at any time without consent of or notice to the client. We never retain original documents. In accordance with the Identity Theft Enforcement and Protection Act, we routinely shred files before disposal.

No guarantees. No legal outcome can ever be guaranteed. The client's obligation to pay fees is not contingent upon the outcome.

ALL FEES QUOTED ABOVE ARE GENERAL GUIDELINES ONLY AND ARE SUBJECT TO CHANGE. THIS OFFICE DOES NOT REPRESENT YOU UNLESS WE EXPRESSLY AGREE TO DO SO IN WRITING AND WE HAVE RECEIVED AND ACCEPTED PAYMENT. UNTIL THEN, NO ATTORNEY–CLIENT RELATIONSHIP IS CREATED AND WE HAVE NO OBLIGATIONS TO YOU OR YOUR CASE.