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Contract for Deed in Texas

The short answer

In a contract for deed, also called an executory contract, the buyer pays the seller over time and the seller keeps title until the price is paid. Texas regulates residential contracts for deed heavily under Property Code Chapter 5. Sellers must provide disclosures, record the contract, give annual statements and notice of default with a chance to cure, and once the buyer has paid a set share, the seller generally cannot forfeit and must foreclose.

This page is general information, not legal advice, and does not create an attorney-client relationship. Rules change and every situation is different. Talk to a licensed attorney before acting on any of it. Last updated 2026-11-02.

How it works

The buyer takes possession and pays installments. The seller holds legal title until the buyer pays in full or meets the terms for conveyance. If the buyer defaults, the seller historically could cancel the contract and keep payments. Texas has limited that practice for residential property to protect buyers, who are often low-income and do not get the same protections as mortgage borrowers.

Texas seller requirements

Exact thresholds and deadlines are in Property Code Chapter 5. Confirm them before drafting.

Compare with other structures

Contract for deedSeller-financed sale with deed of trust
Who holds titleSeller until payoffBuyer from closing
Seller's remedyLimited forfeiture or foreclosureForeclosure under the deed of trust
Buyer protectionStatutory protections applyTreated like a mortgage borrower
Title risk for buyerSeller's creditors or liens can attachBuyer's title is recorded

Risks

What to do

For a residential property, many attorneys recommend a seller-financed sale with a deed of trust instead, since it avoids many of the contract for deed requirements. If a contract for deed is used, follow the statute strictly. See seller financing in Texas and title commitments.

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Frequently asked questions

Can a seller keep the payments if the buyer defaults?

Texas limits forfeiture for residential contracts, especially after the buyer has paid a substantial amount. The seller must follow notice and cure steps.

Does a contract for deed need to be recorded?

Yes for residential executory contracts, within the statutory period after signing.

Who owns the property during the contract?

The seller holds legal title. The buyer holds equitable rights.

Is it legal to use a contract for deed in Texas?

Yes, but heavily regulated. Failing to follow the statute can create serious liability.

Related questions

This page is for general informational purposes and does not constitute legal advice. Anchor Legacy Planning is not a law firm; legal work is performed by independent, licensed attorneys.