TX Bar Real Property Law 1 — Questions and Answers
Question 1: Under Texas law, which of the following is required for a valid deed to transfer real property?
- A writing signed by the grantor with a sufficient property description (Correct answer)
- Consideration must be stated in the deed
- The deed must be recorded to be valid between the parties
- A witness signature is required
Correct answer: A writing signed by the grantor with a sufficient property description
Texas follows the Statute of Frauds requiring a written instrument signed by the grantor with a legally sufficient description of the property.
Question 2: What is the Texas homestead exemption's primary purpose in real property law?
- To protect a homeowner's residence from forced sale by most creditors (Correct answer)
- To eliminate property taxes for first-time buyers
- To provide free title insurance to homeowners
- To guarantee mortgage approval for Texas residents
Correct answer: To protect a homeowner's residence from forced sale by most creditors
The Texas homestead exemption protects a qualifying residence from forced sale to satisfy most debts, with limited exceptions like purchase money liens and tax liens.
Question 3: In Texas, a tenant who holds over after lease expiration without landlord consent becomes what type of tenant?
- Tenant at sufferance (Correct answer)
- Tenant at will
- Tenant for years
- Periodic tenant
Correct answer: Tenant at sufferance
A holdover tenant remaining without the landlord's consent is a tenant at sufferance, subject to eviction proceedings.
Question 4: Which Texas law governs the relationship between landlords and residential tenants?
- Texas Property Code Chapter 92 (Correct answer)
- Texas Business and Commerce Code
- Texas Family Code
- Texas Government Code Chapter 2001
Correct answer: Texas Property Code Chapter 92
Chapter 92 of the Texas Property Code specifically addresses residential landlord-tenant relationships, including security deposits, repairs, and lease requirements.
Question 5: Under Texas community property law, property acquired during marriage is presumed to be:
- Community property unless proven otherwise (Correct answer)
- Separate property of the purchasing spouse
- Held in joint tenancy
- Owned by the spouse whose name is on the title
Correct answer: Community property unless proven otherwise
Texas presumes that property acquired during marriage is community property. The burden is on the spouse claiming separate property to prove it by clear and convincing evidence.
Question 6: What remedy does Texas law provide for a buyer who discovers a material defect that the seller failed to disclose?
- The buyer may sue under the Texas Deceptive Trade Practices Act for damages (Correct answer)
- The buyer has no remedy after closing
- The buyer can only seek repair costs up to $500
- The buyer must arbitrate with the title company
Correct answer: The buyer may sue under the Texas Deceptive Trade Practices Act for damages
Texas sellers must disclose known material defects. Failure to do so can expose them to liability under the DTPA, which allows for actual damages and potentially treble damages.
TX Bar Real Property Law 1
Under Texas law, which of the following is required for a valid deed to transfer real property?