Complete Guide to Texas Real Estate Law for Buyers and Sellers (2026)

Texas real estate transactions are governed by one of the most distinctive legal frameworks in the country. The Texas Real Estate Commission (TREC) requires standardized contract forms for nearly every residential sale, the option period gives buyers an unrestricted right to walk away that exists in no other state, and homestead protections shield property from creditors with some of the broadest coverage in the nation. For buyers and sellers in Austin and the Hill Country, understanding these laws is not optional. It is the difference between a smooth closing and a costly legal dispute.

According to TREC, the commission adopted updates to multiple contract forms and two brand-new forms at its May 4, 2026 meeting, with mandatory use beginning July 1, 2026. The biggest addition is TREC No. 61-0, a standalone water rights disclosure form that requires sellers to report what they know about groundwater and surface water associated with their property. Combined with Senate Bill 1968’s overhaul of buyer representation rules (effective January 1, 2026), this is the most significant year for Texas real estate law reform in over a decade.

Texas is also a community property state, meaning assets acquired during marriage belong to both spouses regardless of whose name is on the deed. The mineral estate can be severed from the surface estate, and Texas law holds minerals as the dominant interest. The state’s statute of frauds demands that every real estate contract be in writing. These are not academic details. They affect contract negotiations, closing timelines, and long-term ownership rights for every buyer and seller in the state.

This guide covers the full spectrum of Texas real estate law that matters to consumers in 2026, from TREC contract requirements and the option period to seller disclosures, deed types, mineral rights, homestead protections, community property rules, and the new July 2026 form changes. Whether you are buying your first home in Bee Cave or selling acreage in Dripping Springs, this is the legal foundation you need to understand.

TREC Promulgated Contract Forms: Why Texas Is Different

Texas is one of the few states where real estate agents are legally required to use standardized contract forms created by a state agency. TREC promulgates these forms under the Texas Occupations Code, and license holders must use them for virtually every residential transaction. Agents cannot draft their own contracts, modify the legal language, or add custom clauses. They are limited to filling in the blanks on the official forms.

This system exists to protect consumers. By standardizing the contract, TREC ensures that every buyer and seller in a residential transaction operates under the same legal framework, regardless of which agent or brokerage they work with. The alternative, which exists in many other states, is attorney-drafted contracts that vary wildly from deal to deal and often favor whichever party’s lawyer wrote the first draft.

TREC currently promulgates six residential contract forms:

In addition to the main contracts, TREC promulgates addenda, amendments, and notices that supplement the transaction. These include the Third Party Financing Addendum, the Property Condition Addendum, the Seller’s Temporary Residential Lease, and the Buyer’s Temporary Residential Lease. For a deeper look at reading and understanding these forms, see our post on how to read real estate contracts.

Paragraph 11: Special Provisions

The one area where agents have flexibility is Paragraph 11 of the contract, labeled “Special Provisions.” This is the only section where parties can add custom language. However, even here there are limits. TREC rules prohibit agents from inserting complex legal provisions. If the special provision rises to the level of practicing law, it should be drafted by an attorney. Common uses include specifying repair requests, noting items that convey with the property, or documenting verbal agreements between the parties.

SB 1968: The Biggest Change to Texas Real Estate in a Decade

Senate Bill 1968, passed during the 89th Texas Legislative Session and effective January 1, 2026, fundamentally restructured how agents represent buyers in Texas. The bill amended the Texas Real Estate License Act (TRELA) at Section 1101.563 of the Texas Occupations Code.

The core requirement: a written buyer representation agreement must be signed before any agent performs “any act of real estate brokerage” for a prospective buyer of residential property. This means no advice, no opinions on properties, no offer preparation, and no negotiation until the agreement is in place. For a complete breakdown, read our guide to Texas buyer representation agreements in 2026.

What Agents Can and Cannot Do Without an Agreement

SB 1968 created a new concept in Texas law: showings without representation. A license holder can unlock a door, let you walk through a home, and hand you a listing sheet. But the moment you ask “What do you think of this house?” or “Should I offer less than asking?”, the agent cannot respond without a signed agreement.

Two agreement types now exist under the law:

End of Subagency

SB 1968 also repealed subagency from Texas law. Under the old system, a buyer who walked into an open house without their own agent was technically being served by a “subagent” of the listing agent, meaning both agents represented the seller. Most consumers never understood this. Now, agents either represent you under a written agreement or they do not represent you at all. The roles are clear. For more on how this affects agent selection, see our guide to choosing a real estate agent.

The Intermediary Relationship

Texas does not allow traditional “dual agency.” Instead, the state uses an “intermediary” relationship (established by SB 489 in 1994) when one brokerage represents both buyer and seller. The broker acts as a neutral intermediary with written consent from both parties and can appoint different agents within the brokerage to represent each side. The key difference from dual agency: an intermediary does not owe fiduciary loyalty to either party once the intermediary status is triggered, though appointed associates do owe loyalty to their respective clients.

The Option Period: Texas’s Unique Buyer Protection

No discussion of Texas real estate law is complete without the option period. This mechanism, found in Paragraph 5B of the TREC contract, gives buyers something available in virtually no other state: an unrestricted right to terminate the contract for any reason during a defined window of time.

The buyer pays the seller a non-refundable option fee in exchange for this right. The fee is typically $100 to $500, and the option period usually runs 7 to 10 days. In Austin’s 2026 buyer-friendly market, 10-day option periods are common, and sellers are generally willing to agree. If the buyer terminates within the option period, the earnest money is fully refunded. The option fee, however, stays with the seller.

“Any reason” means any reason. The buyer can terminate because the inspection found a cracked foundation, because they changed their mind about the neighborhood, because they found a better house, or because they woke up on the wrong side of the bed. No explanation is required. The only procedural requirement: written termination notice must be delivered by 5:00 PM local time on the last day of the option period.

For a complete breakdown of how this works in practice, including negotiation strategies and amendment deadlines, see our guide to earnest money and option periods in Texas.

Critical Detail: No Fee, No Right

If the contract does not state a dollar amount for the option fee, or if the buyer fails to deliver the fee within the required time, the buyer loses the unrestricted right to terminate. The contract is still valid, but the buyer has no safety net. This is one of the most commonly misunderstood aspects of Texas real estate law, and it catches unprepared buyers every year.

Earnest Money in Texas

Earnest money is the buyer’s good-faith deposit, demonstrating serious intent to purchase. In the Austin market, typical earnest money runs 1% to 3% of the purchase price, meaning $4,000 to $12,000 on a $400,000 home. The deposit is held in escrow by the title company and is not released to the seller unless the deal closes or the buyer forfeits it.

Earnest money is refundable in several scenarios: the buyer terminates during the option period, a financing contingency is not met, the appraisal comes in below the contract price and the parties cannot agree on a resolution, or the seller fails to meet contractual obligations. After the option period expires, the buyer’s rights to terminate narrow significantly. If the buyer simply walks away without a contractual basis, the seller may be entitled to the earnest money as liquidated damages.

When disputes arise over earnest money, the TREC contract requires mediation before either party can pursue litigation. The title company will not release funds unless both parties agree in writing or a court orders the release. For more detail, see our post on understanding earnest money.

Seller Disclosure Requirements

Texas Property Code Section 5.008 requires sellers to provide written disclosure of known property conditions using the official TREC form or the Texas REALTORS form. This disclosure must be delivered before (or on the same date as) the purchase contract becomes effective.

The form is extensive. Sellers must disclose the condition of structural components (walls, roof, foundation, floors), mechanical systems (HVAC, plumbing, electrical), and environmental issues (termites, asbestos, radon, lead paint, previous fires). Flood-related disclosures are particularly detailed: sellers must report FEMA flood zone designation, previous flooding events, flood insurance claims filed, and any FEMA or SBA disaster assistance received.

2026 Disclosure Updates

Two major changes affect seller disclosures in 2026:

Insurance Disclosure. Sellers must now disclose whether the property is currently covered by homeowners insurance (including windstorm coverage) and whether they have been unable to obtain insurance for any reason. Given the turmoil in the Texas insurance market, with several carriers pulling out of hail-prone and wildfire-prone areas, this is a significant new data point for buyers.

Water Rights Disclosure (TREC No. 61-0). Effective July 1, 2026, a brand-new standalone form requires sellers to disclose what they know about groundwater and surface water rights. This includes whether the property is in a Groundwater Conservation District, whether water wells exist, and the status of any surface water rights. For Hill Country properties that depend on well water, this form fills a critical information gap. Our guide to well water and septic in the Hill Country covers the practical implications.

Who Is Exempt from Disclosure?

Not every seller must provide the disclosure form. Exemptions include foreclosure sales, transfers by a fiduciary (executor, trustee, guardian), court-ordered transfers, transfers by a co-owner to another co-owner, and new construction sold directly by the builder. However, the lead-based paint disclosure (for homes built before 1978) applies to all sellers regardless of exemption status.

If a seller fails to disclose a known material defect, the buyer may have legal recourse under the Texas Deceptive Trade Practices Act or through a fraud claim. Liability can extend years beyond closing. For a complete walkthrough of the disclosure form, see our guide to seller disclosures in Texas.

Deed Types in Texas

The type of deed used in a Texas real estate transaction determines the level of legal protection the buyer receives. Three primary deed types exist, and the differences matter more than most buyers realize.

In a standard residential purchase, buyers should expect (and insist on) a general warranty deed. This provides the broadest protection: the seller guarantees that the title is free and clear of all defects, even those that existed before the seller acquired the property. If a title defect emerges after closing, the seller (or their title insurance) is responsible for defending against the claim.

Special warranty deeds are common in commercial transactions where institutional sellers (banks, REITs, trusts) limit their liability to defects arising only during their period of ownership. Buyers accepting a special warranty deed rely more heavily on title insurance to cover pre-ownership defects.

Quitclaim deeds should generally be avoided in Texas real estate purchases. They convey only whatever interest the grantor may have, which could be nothing at all. A quitclaim provides zero protection if the grantor turns out not to own the property. Their use is appropriate only for family transfers, transfers between spouses during divorce, or clearing clouds on title.

Title Commitments and Title Insurance

Before closing, the title company issues a title commitment, which is essentially a preview of the title insurance policy that will be issued at closing. The commitment has four schedules:

Schedule A identifies the parties, the property, and the type of policy to be issued. Schedule B-1 lists requirements that must be met before closing (pay off existing liens, obtain releases, etc.). Schedule B-2 lists exceptions, which are items the title policy will NOT cover. Schedule C addresses any additional requirements.

The most important section for buyers is Schedule B-2. Standard exceptions include: survey-related discrepancies (boundary lines, encroachments), unrecorded easements or claims, rights of parties in possession, and standby fees, taxes, and assessments. A current survey can remove the survey exception, which is why obtaining one is recommended. For detailed information on title insurance mechanics, see our guide to title insurance in Texas.

Texas is unique in that title insurance rates are set by the Texas Department of Insurance (TDI). Every title company charges the same base premium. TDI ordered a 6.2% reduction in rates effective March 1, 2026 (Order No. 2025-9697). On a $400,000 home, the owner’s policy costs approximately $2,264. A simultaneous-issue lender’s policy adds roughly $100. For tips on selecting a title company, read our guide to choosing a title company.

Survey Requirements

Texas does not legally require a survey for every residential transaction, but practically speaking, a survey is essential. Without one, the title insurance policy will include a standard exception in Schedule B-2 for “discrepancies, conflicts, or shortages in area or boundary lines, and any encroachments, protrusions, or overlapping of improvements.”

To remove this exception (called “survey deletion” or “area and boundary coverage”), the buyer must provide the title company with a current survey. If an existing survey is available, a T-47 Residential Real Property Affidavit (notarized by the seller) may allow the title company to accept it, depending on the survey’s age and whether any improvements have been made. The updated T-47.1 declaration, which may be signed electronically rather than notarized, is being adopted alongside the July 2026 form changes.

A new residential survey in the Austin area typically costs $400 to $700. For larger or irregular lots, rural acreage, or properties near flood zones, costs can reach $1,000 or more. The survey shows property boundaries, structures, easements, fences, encroachments, setback lines, and flood zone designations.

One notable limitation: even with a survey, the Texas Department of Insurance prohibits title companies from insuring exact acreage. The phrase “shortages in area” is never deleted from the title policy exception.

Mineral Rights: The Dominant Estate

Mineral rights in Texas operate under a legal framework that surprises buyers from other states. The mineral estate can be severed from the surface estate, and once severed, the two can be owned by different parties. Texas law holds the mineral estate as the “dominant” estate, meaning the mineral owner has the right to use the surface to the extent reasonably necessary for exploration, development, and production of oil, gas, or other minerals.

Severances may have occurred decades or even a century ago and are often difficult to identify in modern property records. In many parts of Texas, split estates are so common that real estate professionals assume minerals have been severed unless explicitly stated otherwise. TREC provides a mineral reservation addendum for transactions where the seller intends to reserve mineral rights.

What This Means for Buyers

If you are purchasing property in the Hill Country or any area with oil, gas, or groundwater resources, mineral rights due diligence is critical. A professional landman (someone who specializes in researching mineral ownership) and a real estate attorney who understands mineral law can verify what mineral rights, if any, convey with the property. Title insurance does not typically cover mineral rights disputes unless specifically requested.

Ed Neuhaus, broker of Neuhaus Realty Group, notes that mineral rights are particularly relevant for properties in Hays and Blanco counties, where groundwater rights and potential oil and gas activity intersect with residential development. “Buyers looking at acreage need to understand what’s under the surface, not just what’s on top of it,” Neuhaus says.

For a deeper look at buying land and evaluating mineral rights, see our guide to buying land in the Texas Hill Country.

Homestead Protection: Texas’s Strongest Consumer Shield

Texas homestead protections are among the most expansive in the nation. Under the Texas Constitution (Article XVI, Section 50) and Property Code Chapters 41 and 42, your homestead is protected from seizure by most judgment creditors. This is not just a tax exemption. It is a constitutional shield that prevents creditors from forcing the sale of your home to satisfy debts.

What the Homestead Covers

Urban homesteads can include up to 10 contiguous acres within city limits. Rural homesteads can extend up to 200 acres for a family or 100 acres for a single adult, and the acreage does not have to be contiguous. The protection applies regardless of the home’s value. There is no dollar cap on the homestead exemption in Texas.

The Exceptions

Homestead protection does have limits. Creditors CAN force the sale of your homestead for:

• Purchase money mortgages (the loan you used to buy the home)
• Property tax liens (delinquent taxes)
• Home equity loans and HELOCs (Texas Constitution Section 50(a)(6))
• Mechanic’s and materialman’s liens (but ONLY with a prior written contract signed by both spouses)
• Federal tax liens (IRS)
• Owelty of partition liens (court-ordered in divorce)

For tax-related homestead benefits (exemptions, freezes, and the protest process), see our guide to the homestead exemption in Texas.

Spousal Consent Requirement

One of the most important homestead rules: Section 5.001 of the Texas Family Code states that “neither spouse may sell, convey, or encumber the homestead without the joinder of the other spouse.” This applies regardless of whose name is on the deed and regardless of whether the property is separate or community property. Both spouses must sign the deed, the deed of trust, and any home equity documents. Title companies will refuse to close without both signatures.

Community Property and Real Estate

Texas is one of nine community property states, and this designation directly affects real estate ownership, sales, and inheritance.

The Basic Rule

Property acquired during marriage is presumed to be community property, meaning both spouses own it equally regardless of whose name appears on the deed, whose income paid for it, or whose credit secured the loan. Separate property is limited to: property owned before the marriage, property received as a gift or inheritance during the marriage, and personal injury recoveries (except lost wages).

How This Affects Transactions

Community property rules become especially important during divorce. Texas courts divide community property in a “just and right” manner, which does not necessarily mean 50/50. The home is often the largest community asset, and disputes over its disposition can extend the divorce timeline by months. For guidance on handling real estate during divorce, see our guide to selling a home during divorce in Texas.

The Statute of Frauds

Under the Texas Business and Commerce Code Sections 26.01, any contract for the sale of real property must be in writing and signed by the person to be charged with the promise. Oral agreements to buy or sell real estate are not enforceable in Texas, with very narrow exceptions.

The written agreement must contain the essential terms: the identities of the parties, a description of the property, the purchase price, and any other material terms agreed upon. A text message, email, or even a napkin sketch could theoretically satisfy the statute of frauds if it contains these elements and is signed (or electronically signed) by the obligated party. But practically, using the TREC promulgated forms is the standard, and deviating from them creates risk.

Exceptions

Two narrow exceptions exist. The partial performance doctrine may allow enforcement of an oral agreement if the buyer has taken possession of the property, made improvements, or paid all or part of the purchase price, and denying enforcement would amount to a virtual fraud. The promissory estoppel doctrine may apply if one party detrimentally relied on the other’s oral promise to their significant disadvantage. Both exceptions are difficult to prove and require litigation to establish. The lesson: get everything in writing.

Specific Performance: Forcing the Deal

Specific performance is a legal remedy that compels the breaching party to actually complete the transaction rather than simply paying monetary damages. Texas courts have long recognized that real property is unique, and money alone may not adequately compensate an aggrieved party when a real estate deal falls apart.

In practice, specific performance most commonly arises when a seller backs out of a signed contract. The buyer can file a lawsuit asking the court to order the seller to complete the sale at the agreed price. Sellers can also seek specific performance against buyers, though this is less common because sellers typically prefer to keep the earnest money and relist the property.

Specific performance is an equitable remedy, meaning the court has discretion in whether to grant it. The requesting party must show that they were ready, willing, and able to perform their obligations under the contract. The TREC contract explicitly preserves both parties’ right to seek specific performance as a remedy for breach.

Mediation: Required Before Litigation

Paragraph 16 of the TREC residential contract requires that the parties attempt to resolve disputes through mediation before filing a lawsuit. This is not a suggestion. It is a contractual obligation that must be satisfied before either party can proceed to litigation.

Mediation is a structured negotiation process where a neutral third party (the mediator) helps the disputing parties reach a voluntary agreement. Unlike arbitration, the mediator does not make binding decisions. Either party can walk away from mediation without agreeing. But the process is required, and courts will often dismiss lawsuits filed without first attempting mediation as required by the contract.

Mediation costs are typically split equally between the parties. The cost varies depending on the mediator ($250 to $500 per hour is common in Central Texas), and most mediations resolve within a single day. Common disputes that go to mediation include earnest money release disagreements, repair obligation disputes, and post-closing defect claims.

HOA Documents and Requirements

When a property is in a homeowners association, Texas law imposes specific disclosure and timing requirements that affect the transaction. Under Texas Property Code Chapter 207, buyers of property in a planned development have the right to receive the subdivision information (a resale certificate) and the right to cancel the contract within a specified period after receiving it.

The resale certificate includes: current and proposed HOA fees, outstanding assessments, financial statements, insurance information, pending litigation, and any rules or restrictions that affect the property. In 2025, the Texas legislature capped the resale certificate fee at $375 for condos as part of SB 711’s HOA reform package.

Buyers have a termination right tied to HOA document delivery. If the subdivision information is not provided, the buyer may terminate the contract and receive a full refund of earnest money. This right exists independent of the option period and provides an additional layer of consumer protection. For a complete overview of HOA law, see our guide to HOAs in Austin.

Lead-Based Paint Disclosure

Federal law (the Residential Lead-Based Paint Hazard Reduction Act of 1992) requires sellers of homes built before 1978 to provide buyers with a lead-based paint disclosure. This requirement applies to ALL sellers, including those otherwise exempt from Texas Property Code Section 5.008 disclosures (foreclosures, estates, etc.).

The seller must: disclose any known lead-based paint or lead-based paint hazards, provide any available reports or records, and give the buyer 10 days (or another mutually agreed period) to conduct a lead paint inspection. The buyer can waive this inspection right, but the option must be offered. Failure to comply can result in treble damages (three times the actual damages) and is enforced by the Environmental Protection Agency.

Recording and the Chain of Title

Texas is a “race-notice” recording state, meaning that the first buyer to record their deed without notice of a prior claim takes priority. Recording a deed at the county clerk’s office is not legally required for the deed to be valid between the buyer and seller, but it is essential for protecting the buyer’s interest against third-party claims.

After closing, the title company records the deed and any related documents (deed of trust, lien releases) with the county clerk where the property is located. The county clerk assigns a recording number and indexes the document. This creates the public record that establishes the chain of title, which is the documented history of property ownership.

A “cloud” on the title occurs when there is a document in the chain of title that casts doubt on the current owner’s rights. Clouds can include unreleased liens, incorrectly executed deeds, missing heir claims, or forged documents. Title insurance protects the owner against losses from covered title defects, which is why purchasing an owner’s title policy is strongly recommended in Texas.

The Closing Process Under Texas Law

Texas is not an “attorney state” for real estate closings. Title companies handle the escrow, document preparation, title examination, and closing functions. An attorney is not required at closing, though buyers and sellers can (and sometimes should) engage one for complex transactions.

The closing process follows a predictable legal sequence governed by the TREC contract:

1. Contract execution. Buyer and seller sign the contract, and the effective date is established.
2. Option period. Buyer conducts inspections and due diligence with the unrestricted right to terminate.
3. Title commitment delivery. Title company issues the commitment, usually within 20 days.
4. Survey. Existing survey with T-47 affidavit, or new survey ordered.
5. Financing. Buyer secures final loan approval and clears underwriting conditions.
6. Closing disclosure. Delivered at least 3 business days before closing (TRID rule).
7. Closing. Parties sign documents, funds are wired, and the deed is recorded.
8. Funding. Texas is a “table funding” state, meaning the lender disburses funds at closing through the title company.

Remote Online Notarization (RON) is permanently authorized in Texas, and all government offices accept electronically notarized documents as of 2026. Some lenders, however, still hesitate on fully digital closings. For a day-by-day timeline, see our guide to closing on a home in Texas.

New July 2026 TREC Form Changes

At the May 4, 2026 meeting, TREC adopted updates to multiple existing contract forms and created two entirely new forms. These changes become mandatory on July 1, 2026. Here is what buyers and sellers need to know:

The water rights disclosure is the headline change. For rural and Hill Country properties where water availability can make or break a deal, TREC No. 61-0 gives buyers a formal mechanism to obtain information that previously required independent research. Sellers must disclose what they know, including whether the property is in a Groundwater Conservation District (12 or more GCDs regulate the Hill Country region) and whether water wells exist on the property.

For more context on 2026 legal changes from an industry perspective, see the post on 2026 Texas real estate law changes.

Fraud in Real Estate Transactions

Texas Business and Commerce Code Section 27.01 establishes specific liability for fraud and misrepresentation in real estate and stock transactions. A person who makes a false representation of a past or existing material fact, or who makes a false promise to do an act, for the purpose of inducing another to enter into a contract, is liable for actual damages plus, in some cases, treble damages and attorney’s fees.

Real estate fraud can take several forms:

• Non-disclosure fraud: Seller knows about a material defect but conceals it (foundation issues, flooding history, mold)
• Misrepresentation: Agent or seller makes false statements about the property (lot size, square footage, school district)
• Wire fraud: Criminals intercept closing communications and redirect wire transfers to fraudulent accounts. The FBI’s IC3 reported $275.1 million in real estate wire fraud losses in 2025
• Title fraud: Forged deeds or identity theft used to transfer property without the owner’s knowledge

The statute of limitations for fraud in Texas is generally four years from the date the fraud was discovered or should have been discovered. For guidance on protecting yourself during the wire transfer process, see our closing process guide.

When You Need a Real Estate Attorney

While Texas does not require attorney involvement in most residential transactions, certain situations benefit from legal counsel:

• Complex title issues (boundary disputes, unresolved liens, missing heirs)
• Mineral rights evaluation or negotiation
• Transactions involving estates or trusts
• Divorce-related property sales
• Commercial or mixed-use property
• Contract disputes heading toward litigation or mediation
• Special provisions that go beyond what agents can legally draft
• Property with environmental contamination concerns
• Multi-party ownership structures (LLC, trust, partnership)

A real estate attorney in the Austin area typically charges $250 to $500 per hour. For contract review only, flat fees of $500 to $1,500 are common. The cost is modest compared to the potential liability of a transaction gone wrong. Neuhaus Realty Group works with several attorneys who specialize in Texas real estate transactions and can provide referrals when legal questions arise.

Protecting Yourself in a Texas Real Estate Transaction

Texas real estate law offers substantial protections for both buyers and sellers, but those protections only work if you understand them and exercise your rights within the required timelines. The option period has a hard deadline. Seller disclosures must be delivered before the contract is effective. Earnest money disputes require mediation before litigation. Homestead protections require that both spouses consent. Missing any of these procedural requirements can cost thousands of dollars or jeopardize an entire transaction.

Work with professionals who understand Texas law. That means a licensed real estate agent who can explain the TREC forms, a title company that conducts a thorough title search, and, when the situation warrants it, a real estate attorney who specializes in Texas transactions. For buyers and sellers in Lakeway, Bee Cave, and the broader Austin market, the stakes are too high and the legal landscape too specific to leave any of this to chance.