Glossary of Real Estate Terms
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.



