Key points
- Most real estate claims in Texas carry a two- or four-year limitations period, and some lien and notice deadlines are measured in days.
- Recording a notice of lis pendens can protect your claim to the property while the case is pending.
- Attorney’s fees are recoverable on many contract claims and on some statutory claims, which changes settlement leverage.
- We handle both sides: owners and buyers bringing claims, and owners, sellers, brokers and businesses defending them.
Real estate disputes we litigate
Real estate litigation covers any lawsuit in which the main fight is over land, buildings, or the documents that transfer and finance them. Our Houston practice focuses on the disputes that put the most value at risk:
- Title and ownership disputes: suits to quiet title, trespass to try title, forged or fraudulent deeds, heirship and probate-related title problems.
- Contract disputes: buyers or sellers who refuse to close, earnest-money fights, and specific performance actions to force a sale.
- Co-ownership disputes: partition lawsuits between siblings, heirs, former spouses and business partners.
- Fraud and nondisclosure: seller disclosure fraud and claims against brokers and agents.
- Liens and construction: mechanic’s liens, lien removal and construction disputes.
- Land use and neighbors: easement and boundary disputes, adverse possession and HOA disputes.
- Commercial property: landlord-tenant disputes, guaranty enforcement and investor disputes.
The Texas laws that drive these cases
Texas real estate litigation draws on several bodies of law at once. Knowing which one applies, and which one gives you the stronger remedy, is often the difference between a quick resolution and years of expensive litigation.
| Claim or tool | Main source of law | Why it matters |
|---|---|---|
| Trespass to try title | Texas Property Code ch. 22; Tex. R. Civ. P. 783–809 | The statutory method for deciding who owns land. |
| Partition | Texas Property Code ch. 23 and 23A; Tex. R. Civ. P. 756–771 | Lets any co-owner force a division or sale. |
| Statutory real estate fraud | Tex. Bus. & Com. Code § 27.01 | Covers misrepresentations in real estate transactions and allows fee recovery. |
| Deceptive Trade Practices Act | Tex. Bus. & Com. Code ch. 17 | Consumer protection claims, including additional damages for knowing conduct. |
| Mechanic’s and materialman’s liens | Texas Property Code ch. 53 | Strict notice and filing deadlines that make or break lien claims. |
| Lis pendens | Texas Property Code §§ 12.007–12.0071 | Gives public notice of a pending claim to title; can be expunged if improper. |
| Contract attorney’s fees | Tex. Civ. Prac. & Rem. Code § 38.001 | Allows a prevailing claimant to recover reasonable fees on a written or oral contract claim. |
Deadlines you can’t afford to miss
Statutes of limitations in Texas real estate cases vary by claim. Breach of contract and fraud claims generally must be filed within four years. Deceptive Trade Practices Act claims generally must be filed within two years of the deceptive act or its discovery. Lien deadlines are much shorter and are measured from the month work was performed. Some claims based on void instruments, such as a forged deed, may not be barred by limitations at all, but you should never assume that without legal advice.
Delay also creates practical problems. Property gets sold to a third party, loans get refinanced, witnesses move and documents disappear. If someone is about to transfer or encumber property you have a claim to, we can evaluate a lis pendens filing and, where the facts support it, a temporary restraining order or temporary injunction.
A dispute over property is a dispute over leverage. The sooner we’re involved, the more of it you keep.
Call (346) 363-0334 or book a discovery call to talk through your options.
How a real estate lawsuit unfolds in Harris County
- Case assessment. We review the contract, deed records, title commitment, survey, correspondence and payment history, and pull the Harris County real property records ourselves.
- Demand and pre-suit strategy. Many statutes, including the DTPA and the fee provisions of Chapter 38, require or reward a written demand before suit. A well-built demand letter resolves a meaningful share of disputes.
- Filing and protective relief. Most real estate cases are filed in a Harris County civil district court. Where needed, we record a lis pendens and seek injunctive relief to keep the property from being sold or encumbered.
- Discovery. Written discovery, document subpoenas to title companies and lenders, depositions, and experts such as surveyors, appraisers and construction professionals.
- Mediation. Harris County courts routinely order mediation. We arrive with a trial-ready case, which is what moves the other side.
- Trial and judgment. If the case doesn’t settle, we try it to the court or a jury, then enforce the judgment through title transfer, receivership, abstracts of judgment and collection.
Why clients choose Hayes Hunter PC
Principal attorney Charles Hunter is a finance-trained litigator with decades of experience in complex disputes, including nationwide litigation over deed recording fees and real property transfer taxes. Our clients work directly with experienced counsel, not a rotating team of junior associates. We’re candid about cost, risk and timing from the first conversation, and we look for the fastest path to a result you can actually use, whether that’s a clean title, a closed deal, or a collectible judgment.