2026-10-28 · 6 min read · Frisco
Do You Need an Attorney to Close on a House in Frisco, Texas?

Do you need an attorney to close on a house in Frisco, Texas?
No, the standard Texas contract does not require you to hire an attorney to close. A home purchase in Frisco, Texas closes through a title company, where a licensed escrow officer holds the money, prepares the closing and records the sale. You can still hire an attorney, and the contract itself tells both sides to consult one before signing.
I'm Omega Mejia, a real estate agent with Simply Great Real Estate Group, and I help buyers find homes in Frisco, Texas and across Collin County. If this is your first home, the word "closing" can sound like a courtroom. This post walks through who sits at the table, what each person does for you, and the few moments when an attorney is worth the call.
Who runs a home closing in Texas?
A title company and its escrow officer run the closing. The Texas Real Estate Commission's One to Four Family Residential Contract (Resale), form 20-19, effective July 1, 2026, names two roles: a Title Company that issues your owner's title policy, and an Escrow Agent that receives your earnest money and option fee.
The Texas Department of Insurance defines an escrow officer as an attorney, or an employee of a title insurance agent, whose duties can include signing escrow checks and closing the transaction. Title agents in Texas are licensed by TDI. TDI's rules also allow an attorney to close a transaction, so either a title company or an attorney can close a Texas sale.
Your agent, builder or lender may recommend a title company, but the Texas Department of Insurance says you can choose any company you want.
What does the title company do for you?
The title company protects your ownership and handles the money. According to the Texas Department of Insurance, title companies search for problems with the title that need to be corrected before you buy. If someone later challenges your ownership, the title company handles the dispute.
The TREC contract sets the timeline. Within 3 days after the contract's effective date, you deliver your earnest money and option fee to the escrow agent. Within 20 days after the title company receives the contract, you receive a commitment for title insurance, which lists what the policy will and will not cover. The owner's policy is written in the amount of the sales price and is dated at or after closing.
TDI explains that an owner's policy protects you for as long as you own the home, while a loan policy protects your lender until the loan is paid off. All Texas title companies charge the same rates for title insurance, according to TDI, although some other closing fees can differ.
What is the title company not there to do?
The title company is not your advocate in the deal. Paragraph 18 of the TREC contract says the escrow agent is not a party to the contract and has no liability for whether the buyer or seller performs. The escrow officer follows the signed contract and the instructions in it. They do not tell you whether a term is good for you.
Your real estate agent has limits too. Paragraph 23 of the same contract states that TREC rules prohibit real estate brokers and sales agents from giving legal advice. Paragraph 11 says agents are prohibited from practicing law and may not add to, delete or change any provision of the contract unless a party or a party's attorney drafted it.
So the division of labor in Texas looks like this: your agent negotiates and manages the deal, the title company clears title and closes, and an attorney answers legal questions about your rights.
When is an attorney worth it for a buyer?
An attorney is worth it when your question is about your legal rights, not about the next step in the process. The TREC contract points to a few of those moments in its own words.
The first is the title commitment. Paragraph 6E(1) advises the buyer to have an attorney of the buyer's choice promptly review the commitment, because the contract limits how long you have to object to title problems. The second is custom terms. Because agents cannot write new contract provisions, any special term outside the promulgated forms belongs with an attorney. The third is signing itself. Paragraph 23 is titled "Consult an attorney before signing," and the contract leaves a space to name the buyer's attorney and the seller's attorney.
If you want a referral, the State Bar of Texas runs a Lawyer Referral and Information Service at 1-800-252-9690, and Real Estate Law is one of the areas it covers. The State Bar says there is no charge for the referral itself.
What can you do to close with confidence?
You can close with confidence by setting up your people and your timeline in the first week under contract. Here is the order I like:
- Choose your title company early. TDI says the choice is yours, and the contract has a blank for the company's name.
- Deliver earnest money on time. The TREC contract gives you 3 days after the effective date to get the earnest money and option fee to the escrow agent.
- Save the escrow officer's direct phone number. Keep it outside your email so you can call before any money moves.
- Read the title commitment the day it arrives. The contract gives you a limited window to object, and an attorney can review it with you.
- Decide on an attorney before you sign, not after. Paragraph 23 of the contract puts that decision at the front of the deal.
If you are buying your first home
A first purchase brings a lot of new names at once: a lender, an escrow officer, an inspector and sometimes a builder. The escrow officer is the person you will see on closing day, and the title company is where your earnest money sits while the deal moves forward.
The first big decision after your offer is accepted is the option period, when inspections happen. The paperwork that comes before any of this is the buyer agreement, which I cover in my post on buyer agreements. My buying a home page lays out the full path from first showing to keys.
What should you do next?
If you are planning your first purchase in Frisco, Texas and want to know who does what from offer to closing, contact me and we will map your timeline before you write the first offer. You can read the short answer on my FAQ page and see how I run a purchase from start to finish on my process page. When you are ready to talk through a specific home, reach me here.
Source: Texas Real Estate Commission, One to Four Family Residential Contract (Resale), TREC No. 20-19; Texas Department of Insurance, title insurance consumer guide and Basic Manual of Title Insurance; State Bar of Texas Lawyer Referral and Information Service. This is general information, not legal, tax, financial or insurance advice.
Frequently asked questions
- Is an attorney required to buy a house in Texas?
- The standard TREC resale contract does not require either side to hire an attorney. The closing runs through a title company and its escrow officer, and the contract advises both parties to consult an attorney before signing.
- Who holds my earnest money in Texas?
- The escrow agent named in your contract holds it, which is usually the title company. Under the TREC resale contract, the buyer delivers earnest money and the option fee to the escrow agent within 3 days after the effective date.
- Can I choose my own title company in Texas?
- Yes. The Texas Department of Insurance says an agent, builder or lender may recommend a title company, but the buyer can choose any company. All Texas title companies charge the same rates for title insurance.
- Can my real estate agent give me legal advice?
- No. The TREC contract states that TREC rules prohibit real estate brokers and sales agents from giving legal advice. Your agent manages the deal and negotiates, and an attorney answers questions about your legal rights.

