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Texas Contract for Deed

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Quitclaim Deed Form

Prepared by:

Return to:

State of Mississippi

County of Judicial District

QUITCLAIM DEED

(Husband and Wife to Husband and Wife)

FOR VALUABLE CONSIDERATION OF TEN DOLLARS ($10.00), and other good and valuable consideration, cash in hand paid, the receipt and sufficiency of which is hereby acknowledged,

Name:

Address:

City/State/Zip:

Telephone:

Name:

Address:

City/State/Zip:

Telephone:

Husband and Wife, hereinafter referred to as "Grantors", do hereby remise, release, convey and quitclaim unto

Name:

Address:

City/State/Zip:

Telephone:

Name:

Address:

City/State/Zip:

Telephone:

Husband and Wife, as joint tenants with rights of survivorship and not as tenants in common, hereinafter "Grantees", the following described real property situated and located in the Judicial District of County, Mississippi, more particularly and certainly described as follows:

See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full, or

Legal Description:

Indexing Instructions:

LESS AND EXCEPT all oil, gas and minerals, on and under the above described property owned by Grantors, if any, which are reserved by Grantors.

This conveyance is subject to all easements, roadways, servitudes, restrictive covenants and oil, gas and other mineral reservations, exceptions, conveyances and leases of record or obvious on reasonable inspection of the subject property.

Ad valorem taxes as of the date of sale have been prorated between Grantors and Grantees and are assumed by Grantees herein.

Date:

First Grantor

STATE OF

COUNTY OF

Personally appeared before me, the undersigned authority in and for said county and state, on this day of within my jurisdiction, the within named who acknowledged that (he/she/they) executed the above and foregoing instrument.

Notary Public

Printed Name:

My Commission Expires:

Date:

Second Grantor

STATE OF

COUNTY OF

Personally appeared before me, the undersigned authority in and for said county and state, on this day of within my jurisdiction, the within named who acknowledged that (he/she/they) executed the above and foregoing instrument.

Notary Public

Printed Name:

My Commission Expires:

EXHIBIT A

(Attach legal description here if referenced)

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What the Texas Contract for Deed Is

The Texas Contract for Deed is a seller-financed real estate agreement where the seller retains legal title while the buyer makes payments and gains equitable title upon completion. It sets purchase price, payment schedule, interest, default remedies, and conditions for title transfer. In Texas this instrument is commonly used for owner-financed sales, often when buyers cannot obtain traditional mortgage financing. Because the deed conveys legal title only after full performance, the contract should address taxes, insurance, maintenance responsibilities, and procedures for payoff, reconveyance, and handling defaults to protect both parties.

Why a Contract for Deed Matters in Texas

Use a Texas Contract for Deed to offer seller financing, expand buyer pools, and close transactions when conventional lending is unavailable. The agreement clarifies payment obligations, title transfer timing, and remedies, providing predictability while requiring precise drafting to minimize legal and financial exposure.

Why a Contract for Deed Matters in Texas

Who Typically Uses a Texas Contract for Deed

Who uses this form: buyers, sellers, and professionals involved in owner-financed Texas property sales transactions.

  • Sellers offering owner financing seeking regular payments and eventual title reconveyance.
  • Buyers who cannot qualify for traditional mortgages but can commit to installment payments.
  • Real estate agents and attorneys preparing tailored terms and ensuring compliance with Texas law.

Escrow officers, title companies, and lenders may also review the contract to assess encumbrance and closing procedures.

Principal Signing Parties

Seller (Owner)

The seller retains legal title until the buyer completes payments; the seller must ensure clear title, disclose encumbrances, collect payments, and follow contract provisions for default and reconveyance. Sellers often require written notice periods for buyer default and right to cure.

Buyer (Purchaser)

The buyer holds equitable title and must make timely payments, maintain insurance and taxes, and comply with maintenance obligations. Failure to perform can trigger seller remedies; buyers should obtain payoff terms and reconveyance procedures in writing to secure eventual legal title.

Core Sections Every Contract for Deed Should Include

Essential sections of a Texas Contract for Deed ensure clarity around payment, title transfer, default, and obligations to protect buyer and seller rights throughout the financing term.

Purchase Terms

Define purchase price, down payment, interest rate, amortization schedule, and late fees. Specify whether payments apply to principal, interest, escrow, or taxes to prevent disputes and calculation errors.

Payment Schedule

State due dates, payment amounts, acceptable payment methods, and grace periods. Include receipt procedures and address prepayment penalties or application of extra payments toward principal.

Title Transfer

Specify when legal title transfers (e.g., upon final payment), the mechanism of reconveyance or deed delivery, and any escrow or closing steps required to record the deed.

Default Remedies

Outline cure periods, acceleration clauses, reinstatement rights, and foreclosure or forfeiture procedures permissible under Texas law, including statutory redemption provisions where applicable, and notice requirements.

Escrow & Taxes

Assign responsibility for property taxes, insurance, and escrow account administration. Address what happens if taxes or insurance lapse and how advances are repaid or charged.

Miscellaneous

Include governing law, dispute resolution, assignment restrictions, notice addresses, and process for amendments. Clear miscellaneous clauses reduce litigation risk and clarify expectations; assign responsibility for recording fees.

Essential Information to Include

Buyer Name: Full legal name as on ID
Seller Name: Full legal name, entity or individual
Property Description: Legal description from deed or plat
Purchase Price: Total amount and down payment specified
Payment Schedule: Dates, amounts, interest, and late fees
Signatures & Dates: All parties sign and date agreement

Step-by-Step: Completing and Executing the Contract

Follow these steps to complete and execute a Texas Contract for Deed accurately and reduce post-closing disputes.

  • 01
    Prepare Draft: Draft terms using full legal descriptions.
  • 02
    Review Title: Obtain title report and disclose encumbrances.
  • 03
    Sign & Notarize: All parties sign; use notary or RON per state rules.
  • 04
    Record or Reconvey: Record upon payment or execute reconveyance at payoff.

How to Configure an Online Signing Workflow

Configure an online workflow for editing, signing, and delivering the Contract for Deed with role-based fields and notifications.

Workflow Field and Configuration Details Purpose and setup values for each workflow field
Signer Role and Order Assignment Assign buyer, seller roles and signing order.
Field Types, Validation Rules and Hints Use required fields, date format MM/DD/YYYY, numeric validation.
Conditional Logic, Calculations, and Automation Auto-calc balances; hide fields until prerequisites met.
Authentication Methods and Audit Trail Settings Enable audit logs, email/SMS authentication, and tamper-evident seals.

Platform Capabilities for Digital Execution

Choose an eSignature platform compatible with PDFs, supports audit trails, optional HIPAA BAA, and can integrate with title/closing systems for seamless execution.

  • File Formats: PDF, DOCX support; preserve signatures.
  • Integrations: Connect to title, CRM, and storage.
  • Security: TLS 1.2/1.3 in transit; AES-256 at rest.

Where to Send, File, and Record the Document

Typical routing for a Texas Contract for Deed includes execution, title review, recording, and delivery of reconveyance upon payoff.

  • Execute Agreement: Signed by parties and notarized per jurisdiction.
  • Title Recording: Record deed or memorandum at county clerk's office.
  • Notice to Parties: Deliver recorded documents to buyer, lender, and title insurer.
  • Reconveyance: Seller delivers deed or releases lien at payoff.

Common Preparation Mistakes to Avoid

  • Failing to record a memorandum of Contract for Deed or reconveyance can leave buyers without public notice and expose them to title claims from intervening creditors.
  • Using street addresses instead of the legal description in the property clause causes recording rejections or ambiguity in boundary identification during title search.
  • Omitting clear default cure periods, acceleration language, or reinstatement rights increases litigation risk and may frustrate statutory eviction or forfeiture procedures.
  • Mismatched party names, unsigned pages, or missing notarizations commonly invalidate recording and complicate title insurance issuance or closing.

Key Risks and Consequences

Loss of Property: Buyer risk of forfeiture on default
Recording Rejection: County clerk may reject improper description
Title Insurance Issues: Insurer may exclude coverage for unrecorded interests
Tax Liability: Buyer or seller may face property tax disputes
Civil Penalties: Attorneys' fees and damages for contract breaches
Notary Noncompliance: Improper notarization can void recording

Practical Tips to Improve Accuracy and Efficiency

Practical tips help parties reduce risk, ensure enforceability, and simplify closing when using a Texas Contract for Deed.

Confirm legal descriptions and obtain title report
Order a current title report and resolve liens or easements before closing. Include the exact legal description used by the county for recording, and consider filing a memorandum of contract to create public notice of the buyer's equitable interest.
Document numeric accuracy and payment allocations
Provide an amortization schedule and specify how each payment is applied between interest, principal, taxes, and insurance. Define late fee calculations and prepayment treatment to prevent disputes about payoff balances and final reconveyance amounts.
Use clear default provisions and reinstatement options
Set specific cure periods, notice procedures, and acceleration clauses consistent with Texas law to allow reinstatement where permitted. Identify remedies and redemption rights to provide predictable outcomes and reduce litigation likelihood.
Recordings, reconveyance, and notification processes
Plan the recording sequence: consider recording a memorandum early to protect buyer interests, set conditions for reconveyance at payoff, and specify who pays recording fees and how certified copies are delivered to parties and title insurers.

Realistic Use Cases for a Texas Contract for Deed

Real examples show how Contracts for Deed are used by seller-financers and property investors in Texas markets.

Local Seller

A homeowner sells rural acreage using seller financing because buyer could not qualify for bank mortgage

  • Contract was recorded as a memorandum
  • The agreement specified monthly payments, tax escrow, and a reconveyance deed at final payment; the buyer protected equitable interest by recording the memorandum and obtaining title insurance despite seller retaining legal title.

Investor Seller

A property investor sold a renovated duplex under a Contract for Deed to expedite sale and secure higher yield than a rental

  • Payment includes a balloon after five years
  • The contract spelled out maintenance responsibilities and recorded a memorandum; the investor used clear default remedies and an acceleration clause to preserve rights, then reconveyed title upon full payment per the agreed schedule.

eSignature Pricing and Feature Comparison

Comparative eSignature pricing and feature overview to consider when choosing a platform for executing Contracts for Deed and related real estate documents.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Plan 7-day free trial No No Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions

Answers to frequent questions about drafting, recording, and eSigning Contracts for Deed in Texas, including notarization and retention concerns.


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