Texas Title Commitment: What Every Dallas Buyer Must Review During the Option Period
Your Texas title commitment lists every easement, lien, and exception affecting the property. Review Schedules A-D before your option period expires.
What is a Texas title commitment, and what should buyers do with it?
A Texas title commitment is the title company's formal promise to insure your property's ownership — but it also discloses every exception, easement, lien, and restriction the policy won't cover. It follows a four-schedule format (A through D) and is typically delivered within a few days of your contract going under contract. Buyers who skip this review risk accepting property limitations they never knew about: easements that restrict construction, mineral rights owned by someone else, deed restrictions that limit use, or unresolved liens that must be cleared before closing. Review the commitment during your option period — that's your window to raise objections or walk away.
A title commitment lands in your email inbox sometime in the first week after you go under contract. It looks like a legal document — because it is one. Most buyers forward it to their agent with a "what do I do with this?" and assume everything is fine. Sometimes it is. Sometimes it isn't.
Here's what's actually in that document and what you should do with it before your option period expires.
The Difference Between a Title Commitment and a Title Policy
Quick distinction, because it matters: a title commitment is the pre-closing promise. The actual title insurance policy isn't issued until after closing — and the commitment tells you exactly what that policy will and won't cover.
Think of the commitment as a preview of your title policy, delivered while there's still time to do something about any problems.
In Texas, title commitments follow forms regulated by the Texas Department of Insurance. They're structured the same way every time: four schedules, labeled A through D.
Schedule A: Verify the Basics
Schedule A is the fact page. It lists the proposed insured amount, the buyer and seller names, the legal description of the property, and the type of policy being issued.
Read it carefully. The property's legal description is not the same as the street address — it's the formal legal description from the county deed records, and any error needs to be corrected before closing. Confirm that all buyers are listed and that the proposed coverage amount matches the purchase price.
Errors in Schedule A are usually clerical and fixable, but they need to be caught now.
Schedule B: Exceptions to Coverage
Schedule B is where most buyers should spend their time. It lists everything the title insurance policy won't cover — the exceptions. Texas title commitments split Schedule B into two parts.
Schedule B-I lists standard exceptions that appear in virtually every Texas title policy: taxes for the current year not yet due, rights of parties in possession not shown by public records, and matters a current survey would reveal. These are background-level and largely unavoidable.
Schedule B-II is where you need to slow down. This section lists property-specific exceptions — the encumbrances, easements, deed restrictions, and other title matters that apply to your specific property.
| What You Might Find in Schedule B-II | What It Means for You |
|---|---|
| Utility easement (e.g., 5-ft rear) | Utility company can access that strip — you can't build a structure on it |
| Subdivision plat restrictions | Deed restrictions from the original developer, including use and architectural standards |
| Mineral interests reserved to prior owner | You own the surface, not oil, gas, or minerals beneath it |
| Tax lien or judgment lien | Must be paid off and cleared at closing before the title policy issues |
| Right-of-way for public road | Government access rights near the street — may limit fencing or grading |
| HOA blanket encumbrance | HOA can record a lien for unpaid assessments |
| Outstanding deed of trust | Seller's existing mortgage — normal, but must be paid off at closing |
Most of these items have documents attached to the commitment — the actual easement deed, the subdivision plat, the restriction document. Read those too, not just the exception list.
Deed restrictions in DFW subdivisions run deep. A home in Frisco or McKinney may have restrictions from the original developer, the HOA, and the master-planned community association — each layer with its own rules. Schedule B-II shows all of them. For a deeper look at how these work, see our guide to deed restrictions in Texas.
Mineral rights reservations are also common throughout North Texas. Many older DFW properties have mineral rights that were severed from the surface estate decades ago. If mineral ownership matters to you, Schedule B-II is where you'll find out.
For a detailed look at the types of liens that appear in a Texas title search — including HOA liens, mechanic's liens, and judgment liens — see our guide to property liens in Texas.
Schedule C: Requirements Before the Policy Issues
Schedule C is the most action-oriented section. It lists what must happen before the title company will issue the policy — not exceptions, but requirements.
Common Schedule C items include:
- The seller's existing mortgage must be paid off and the lien released
- A current survey must be provided, or the existing survey re-certified with a T-47 affidavit
- Outstanding liens must be released and documented
- Specific recorded documents may need to be signed or filed before closing
This section is your closing checklist. If something in Schedule C isn't resolved before closing day, the title company can't issue the policy — and the deal doesn't close.
Pay attention to the survey requirement. Some Dallas and Collin County transactions use an existing survey; others require a new one. If Schedule C calls for a current survey and neither party has ordered one, that needs to happen quickly. Our guide to property surveys in Texas explains what's typically required and who pays.
Schedule D: Disclosures
Schedule D discloses information about the title company's ownership, who is receiving premium payments, and any affiliated business arrangements. Read it, but it's typically informational rather than actionable.
What to Do When You Find a Problem
Here's the important part: silence equals acceptance.
If you receive the title commitment and raise no objections, you're accepting everything in Schedule B-II as part of your purchase. If you later discover that an easement limits where you can build a garage, or a deed restriction prohibits the short-term rentals you planned, the title policy won't cover it — because it was disclosed in the commitment.
If you find something that concerns you, your options are:
- Send a title objection letter. Your agent or a real estate attorney sends a formal written objection to the title company specifying which exceptions you're disputing or asking the company to address.
- Ask the seller to cure. Some Schedule B-II items — particularly unresolved liens — can be cleared by the seller before closing. Get any agreement in writing and confirm the title company accepts it.
- Terminate during your option period. If the title problems can't be resolved — an unacceptable easement, a mineral rights situation you won't live with — you can walk away during your option period and receive your earnest money back in full.
If you're uncertain about any item, a real estate attorney can review the commitment alongside your agent. For high-value or complex transactions in DFW, that's a reasonable investment.
If you're buying in Dallas or the northern suburbs and want help working through your title commitment before your option period runs out, reach out at greysq.com/contact. I review this document with every buyer I represent.
Don't Wait Until the Last Day
Your option period is typically seven to ten days in DFW — and it's your entire due diligence window, not just the home inspection window.
Request the title commitment within the first 48 hours of going under contract. Title companies are required to deliver it within a reasonable time after the title order is opened. Your agent should be following up on day one, not day five.
A new construction home in Prosper or Celina will often have a clean title with minimal exceptions. A 1970s ranch in Richardson or Garland may have six easements, multiple deed restrictions, and a mineral rights split going back several owners. A townhome in Uptown Dallas may carry a blanket mortgage encumbrance from the HOA and use restrictions from the original developer plat.
You won't know what's there until you read the commitment. Most of the time what's in Schedule B-II is normal and expected. But occasionally — more often than buyers expect — something shows up that changes the calculus on whether to proceed, renegotiate, or walk away.
That information is free. It's available to you before closing. Don't skip it.
Frequently Asked Questions
When should I receive the title commitment in Texas?
The title company typically delivers the commitment within three to seven business days after the title order is opened — which usually happens within a day or two of the contract being executed. Your agent should request it promptly so you have maximum time to review it during your option period. If the commitment hasn't arrived by day three, follow up.
Do I need an attorney to review my Texas title commitment?
An attorney isn't legally required, but one is strongly recommended if you find a complex easement, a mineral rights reservation, or any Schedule B-II exception you don't fully understand. For routine residential transactions in DFW, your agent can help you identify red flags and refer you to a real estate attorney if the situation warrants it.
What happens if I don't object to something in the title commitment?
Closing without objecting to an exception in the commitment is generally treated as acceptance of those terms. If an easement or deed restriction later limits how you use the property, the title policy typically won't cover it because it was disclosed before closing. The time to raise objections is during your option period — not after the policy is issued.
What is Schedule B-II in a Texas title commitment?
Schedule B-II lists property-specific exceptions — items the title insurance policy won't cover because they are recorded encumbrances on that specific property. These typically include easements, deed restrictions, HOA encumbrances, mineral rights reservations, and any recorded liens specific to the property. It's the most important section for buyers to review before the option period expires.
Can I back out of a Texas contract because of something in the title commitment?
Yes — if you're still within your option period, you can terminate the contract for any reason and receive a full refund of your earnest money. A title issue that can't be resolved by the seller is a valid reason to walk away. Once the option period expires, terminating becomes much more complicated and you risk losing your earnest money deposit.
The title commitment is one of the most overlooked documents in a Texas home purchase — and one of the most consequential. Most of the time what's in it is unremarkable. When it isn't, catching the problem during the option period can save you from a complication that follows you for as long as you own the property. Review Schedules A through D carefully, ask your agent what you're looking at, and don't let the clock run out before you do.
Ready to talk through what's in your title commitment? Connect with the Grey Square team at greysq.com/contact.
About Paul Blair
Paul Blair is the founder and broker of Grey Square, a virtual real estate brokerage representing buyers and sellers across Dallas and Los Angeles. With 22 years in the business and more than $200 million in closed transactions, Paul works the full range of the market, from luxury homes in the Park Cities and Preston Hollow to estates in the Hollywood Hills and across the Westside. Connect with Paul and the Grey Square team at greysq.com. TX TREC #9011505 · CA DRE #01792671.