Navigating the Texas real estate market can feel like learning a new language. From understanding contracts to closing deals, a solid grasp of key terminology is essential for both buyers and sellers. This glossary provides a guide of common real estate terms you may encounter in Texas, ensuring you're well-equipped for a smooth transaction. Agency and Representation Agent: A licensed professional who represents buyers or sellers in a real estate transaction. Broker: A licensed real estate professional who can work independently or manage other agents. All agents work under a broker. Buyer's Agent: An agent who exclusively represents the interests of the buyer. Seller's Agent (Listing Agent) : An agent who exclusively represents the interests of the seller. Dual Agency: While legal in some states, **Texas does not allow dual agency**. An agent cannot represent both the buyer and seller in the same transaction. Texas operates under "intermediary brokerage" when one broker represents both sides. Intermediary Brokerage: In Texas, if one broker represents both the buyer and seller, they must do so as an intermediary. The broker appoints agents to work with each party, and the intermediary broker remains neutral. Fiduciary Duty: The legal obligation of an agent to act in the best interests of their client. This includes loyalty, confidentiality, disclosure, obedience, accounting, and reasonable care. Contracts and Offers Offer: A proposal to buy or sell property at a specific price and terms. Counteroffer: A response to an offer that changes some of the terms, effectively rejecting the original offer and creating a new one. Contract: A legally binding agreement between parties. In real estate, this typically refers to the purchase agreement. Earnest Money: A deposit made by the buyer to show good faith and commitment to the purchase. It is held in an escrow account. Option Period: A negotiated period in Texas where the buyer pays an "option fee" for the unrestricted right to terminate the contract for any reason. This allows time for inspections. Option Fee: The non-refundable fee paid by the buyer to the seller for the option period. Contingency: A condition that must be met for the contract to become binding (e.g., financing contingency, inspection contingency). Specific Performance: A legal remedy that requires a party to fulfill the terms of a contract, often used when a seller tries to back out of a sale. Addendum: An attachment to a contract that modifies or adds to its terms. Financing and Mortgages Mortgage: A loan used to purchase real estate, secured by the property itself. Pre-approval: A lender's conditional commitment to lend a specific amount, based on a review of the buyer's financial information. Stronger than pre-qualification. Interest Rate: The cost of borrowing money, expressed as a percentage of the loan amount. Down Payment: The portion of the home's purchase price that the buyer pays upfront, not financed by the mortgage. Principal: The original amount of money borrowed, or the remaining balance of the loan. Amortization: The process of gradually paying off a debt over time through regular payments. Escrow Account (for mortgage): An account held by the lender to pay property taxes and homeowner's insurance on behalf of the borrower. Closing Costs : Fees associated with the completion of a real estate transaction, paid by both buyers and sellers (e.g., loan origination fees, title insurance, appraisal fees). Appraisal: An independent professional estimate of a property's market value. Lenders require appraisals to ensure the loan amount is justified. Loan-to-Value (LTV): The ratio of the loan amount to the property's appraised value or purchase price, whichever is lower. Underwriting: The process by which a lender assesses the risk of lending to a borrower. Property Characteristics and Transactions Listing : A property placed for sale on the market, usually through a real estate agent. MLS (Multiple Listing Service): A database used by real estate agents to list and view properties for sale. Inspection: A professional examination of a property's condition to identify any potential issues or defects. Survey : A professional measurement of land, showing boundaries, easements, and improvements. Title: The legal right of ownership of a property. Title Company: A company that researches and insures the title to real estate. Title Insurance: Insurance that protects both the buyer and the lender against financial loss due to defects in the title. Deed: A legal document that transfers ownership of real property from one party to another. Closing (Settlement): The final step in a real estate transaction where ownership is transferred, and all financial matters are settled. Proration: The division of expenses (like property taxes, HOA fees) between the buyer and seller at closing, based on the actual time each party owns the property. Homestead Exemption (Texas) : A tax break that allows homeowners to reduce the taxable value of their primary residence, lowering property taxes. Foreclosure: The legal process by which a lender takes possession of a property when the borrower fails to make mortgage payments. Short Sale: A sale of real estate in which the sale price is less than the balance owed on the property's mortgage. The lender agrees to accept a lower payoff. Understanding these terms is the first step towards a successful real estate journey in Texas. Don't hesitate to ask your real estate agent for clarification on any term you don't understand.

With the burst of the housing bubble, credit crisis, and millions of foreclosures across the country, you may wonder if buying a home is such a good idea after all. However, it’s important to consider all of the facts. The important message to take away from these events is not that buying a home is a bad idea, but that you must be smart about buying your home. The housing market, like every type of market, unavoidably has its ups and downs. That doesn’t mean buying a home is a bad investment. As a long-term investment, homeownership is still one of the best investments for individual households. Historically, real estate has consistently increased in value, despite shorter periods of depreciation due to local markets and/or national economic conditions. The data shows that homes generally appreciate about 5% per year. Savings & Investment Five percent may not seem like a great return on investment, but you have to think about it in the context of the situation. For example, let’s say you put 10% down on a $200,000 house. That’s a $20,000 down payment, or initial investment. At a 5% annual appreciation rate, your $200,000 home would gain $10,000 in value during the first year. Earning $10,000 on an investment of $20,000 is a whopping 50% return. For further perspective, let’s say instead of spending that $20,000 on a down payment, you invested it in the stock market. With a 5% return, you would gain only $1,000 in profit. Tax Benefits So now you’re saying that a home may have a higher return, but that’s before you consider all of the costs of home ownership, such as taxes, etc. Well, think of it this way: your property taxes as well as the interest on your mortgage are both tax deductible. You can deduct those costs from your income, thus reducing your overall taxable income. In other words, the government is subsidizing your home. Other Benefits It’s easy to get carried away with all of the economic reasons for home ownership, but it’s important to remember that not every reason is financial. Have you ever wanted to paint the walls of your apartment? Well when you’re renting, you can’t. Has anything in your apartment ever needed updating, but the landlord refused to do it? When you own a home, you can make the space yours in almost any way you want. And you benefit when you do home improvements, both financially and psychologically. Homes generally have more space, for storage, living, etc. than other living arrangements. Not to mention that you have space outdoors for barbecuing, pets, and kids. Owning your home carries with it a sense of pride, accomplishment, and even an elevated social status. So when you’re considering buying a home, consider the broad range of benefits that owning a home can have. And always make sure you have an experienced real estate agent and loan officer to help make sure you’re getting a home that is right for you, both financially and psychologically. 

The price is the first thing buyers notice about your property. If you set your price too high, then the chance of alienating buyers is higher. You want your house to be taken seriously, and the asking price reflects how serious you are about selling your home. Several factors will contribute to your final decision. First, you should compare your house to others that are in the market. If you use an agent, he/she will provide you with a CMA (Comparative Market Analysis). The CMA will reflect the following: houses in your price range and area that were sold within the last half-year asking and selling prices of houses current inventory of houses on the market features of each house on the market  From the CMA, you will learn the difference between the asking price and selling price for all homes sold, the condition of the market, and other houses comparable to yours. Also, try to find out what types of houses are selling and see if it applies to your area. Buyers follow trends, and these trends can help you set your price. Always be realistic. Understand and set your price to reflect the current market situation.

If you want buyers to be interested in your home, you need to show it in its best light. A good first impression can influence a buyer both emotionally and visually, thus prompting them to make an offer. In addition, what the buyer first sees is what they think of when they consider the asking price. A bad first impression can dissuade a potential buyer. Don’t show your property until it’s all fixed up. You do not want to give buyers the chance to use the negative first impression they have as means of negotiation. Ask around for the opinions others have of your home. Real estate agents who see houses everyday can give solid advice on what needs to be done. Consider what architects or landscape designers have to say. What you need are objective opinions, and it’s sometimes hard to separate the personal and emotional ties you have for the home from the property itself.  Typically, there are some general fix ups that need to be done both outside and on the inside. As a seller, you should consider the following: Landscaping - Has the front yard been maintained? Are areas of the house visible to the street in good condition? Cleaning or Redoing the driveway - Is your driveway cluttered with toys, tools, trash etc.? Painting - Does both the exterior and the interior look like they have been well taken care of? Carpeting - Does the carpet have stains? Or does the carpet look old and dirty?

If you know exactly why you are selling then it is easier for you to follow the right plan of action for getting what you want. If you are a seller who needs to close a sale as quickly as possible, then you should know that getting the highest price possible is not one of your priorities. It does not mean that you won’t or cannot get the highest price, but it means that the price is not the deciding factor. A buyer who can give you a quick closing time will appeal much more to you than a buyer who can offer you more money but the negotiation and closing time drag on. It’s always good to know how low you will go in terms of selling price. This will help to eliminate some of the offers that you find simply offensive or ridiculous. Even though you should consider all offers seriously and take into consideration the terms of each offer, sometimes, if you know the bottom line and are strict about it, you can save yourself time.  Once you know what your limits and reasons are, discuss them with your agent so that they can help you set your goals realistically. If you decide to list your home on your own, make sure you do research on the current market, and you get the proper advice you need in terms of legal issues, etc. The key is to be realistic and to know what your goals are so they can be met.

A professional home inspection protects both you and the buyer. It allows both you and the buyer the opportunity to learn about the property’s defects. A home inspection usually covers the following: Plumbing conditions - if there is leakage or clogging Roofing conditions - the extent of deterioration, if there is leakage Electrical conditions - if there are inadequate circuits or potential fire hazards Structural problems - if there are problems with the underlying foundation of your home  As a seller, the home inspection reports protect you because it establishes the actual condition of the property at the time of sale.

In order to get the highest price in the shortest time, you need to know how to market your home. The better you market your home, the more offers you will get. And the more offers you get, the more choices you have to get the price and terms you want. The most important factor of marketing your home is pricing it right. Your price should be adjusted to reflect the market and your property’s worth. The key is to get as many people as possible checking out your fairly priced property. If your property is not priced fairly, there will be no buyers because your price is set too high. Another important factor is the condition of your home. Make sure that your home looks ready to be sold. Fix any defects (peeling or faded paint, cracks, stains, etc.) Condition alone can sometimes prompt fast buying decisions. Not only should you fix any defects, but consider upgrading your home by making major repairs and cosmetic improvements before selling. A nice looking home triggers the emotional response that can lead to a financial response.  Learn how to negotiate the best terms for all parties involved. Terms are another factor that may be adjusted to attract buyers. If you insist on getting your asking price, think of what you can offer to the buyers. For example, improvements you’ve made or even offering seller financing at a lower than market interest rate on a portion of the sale price. Convince them why they should be paying the price you have set. Lastly, get the buzz out about your home. List your house with a hot agent that ensures your house is listed on the MLS and on the Internet. On your own, get the word out. It should always be visible to passersby that your house is for sale, whether it is through signs, local advertisements or you telling friends, family, and acquaintances.

Not all agents work the same way. The most important attribute of an agent is that he/she is well connected to the real estate industry. He/she should know the market and provide information on past sales, current listings, his or her marketing plan, and at least 4 solid references. In addition, you also want to look for an agent that is honest, assertive, and one that best understands your needs.  Try to go with a local agent. They can better serve your needs because they should be more familiar with the local market conditions, local prices, and what’s hot or not in your community.

When reading an offer, keep in mind that you are out to get the best price AND the best terms for you. If you focus solely on the price, you may overlook terms that could be favorable to you as a buyer. Some terms that may work in your favor: higher-than-market-interest in a second mortgage for your home the buyer will pay for most or all of the closing costs the buyer will take care of any repairs quick close - the buyer is pre-approved and ready to close in a timeframe that best suits you all-cash deal  When reading through offers, remember to look at the whole package. Take the time that you need to assess what is being offered and if it meets your needs.