Texas roofing contract rules

What a Texas roofing contract must say, how long you can back out, how much a roofer may ask up front, when a lien can follow and what a roofer may do about your insurance claim. Each rule is quoted from the statute or agency rule. Checked 2026-10-09.

Short answer: You can cancel a Texas sale made away from the seller's office until midnight of the third business day after you sign (3 business days, Tex. Bus. & Com. Code §601.051). The federal rule adds 3 business days for sales made at your home (16 CFR 429). Money you pay a contractor for a construction job is held as trust funds in Texas (Tex. Prop. Code §162.001(a)). A roofer who contracted directly with you on a house must file a lien by the 15th day of the third month after the work ends (Tex. Prop. Code §53.052(a)(2)). 14 rules on this page are quoted from official statutes, agency rules or regulator pages; 4 more are marked not confirmed.

State cancel period

3 business days

Tex. Bus. & Com. Code §601.051

Deposit rule

Rule quoted

Tex. Prop. Code §162.001(a)

Lien filing deadline

3 months

Tex. Prop. Code §53.052(a)(2)

Written contract

Rule quoted

Tex. Prop. Code §53.254(a)-(e)

Find your last day to cancel

Only the signing date is needed for the cancel dates. Add the other dates when they happen and the rules that start from them get a calendar day too. Counting starts the day after the date you enter.

Enter the signing date to see your dates.

Days are counted the way each rule defines them: federal “business days” skip Sundays and federal holidays and count Saturdays; where a state rule defines business days as Monday to Friday we skip Saturdays and Sundays; where a rule says business days without defining them, or just says “days”, we count every calendar day and show the earliest possible date. State holidays are not subtracted, so a real deadline can fall a day or two later than shown. If the last day lands on a weekend, do not wait for it. General information from public rules, not legal advice.

Texas against the other states

Cancel period
Texas: 3 business days (about 4 calendar days), rank 3 of 25 states from the shortest
Median of the 25 states with a number: 4 calendar days (range 3 to 4)
Lien filing deadline
Texas: 3 months (about 90 calendar days), rank 4 of 25 states from the shortest
Median of the 25 states with a number: 120 calendar days (range 60 to 180)

Calendar-day equivalents are used for the bars only (business days scaled by 7/5, months by 30, years by 365); the exact unit is in the tables.

Before you sign: Texas checklist

Every line below comes from a rule on this page. Tick a line as you check it.

0 of 15 checked

Texas: written contract

Written contract, Texas
RuleNumberSource
To put a lien on a Texas homestead the contract must be written, signed before work starts, and filed with the county clerk.
Both spouses must sign if the owner is married, and the contract is recorded with the county clerk.
Tex. Prop. Code §53.254(a)-(e)
Covers: Homestead property only; the rule decides when a roofer can have a valid lien, not whether an oral agreement exists.

Texas: right to cancel

The federal rule (16 CFR §429.1(a)) gives 3 business days for a sale made at your home. Rules of Texas below are added to it.

Right to cancel, Texas
RuleNumberSource
You can cancel a Texas sale made away from the seller's office until midnight of the third business day after you sign.
Texas does not define 'business day' in this chapter, so the calculator counts every day, shows the earliest possible date, and the real last day can be later; confirm the date with the seller in writing.
3 business days
counted from the day you sign
Tex. Bus. & Com. Code §601.051
Covers: Covers a personal sale away from the merchant's place of business for services costing more than $25. Not a sale after negotiations at a business office, and not an insurance sale.
The Texas 3-day right covers sales a roofer solicits in person away from its own office when the price is more than $25.
A roofer who knocks on your door and signs you up at your house is covered. A job you arranged after talking at the roofer's own office is not.
Tex. Bus. & Com. Code §601.002
Covers: Consumer transactions for personal, family or household purposes.
The contractor must give you a copy of the contract and a two-copy cancellation form when you sign.
Section 601.052 also requires the contract to be in the language of the sales talk and to show the date and the merchant's name and address.
Tex. Bus. & Com. Code §601.053
Covers: Same sales as the 3-day right.

Texas: deposits and down payments

Deposits and down payments, Texas
RuleNumberSource
Money you pay a contractor for a construction job is held as trust funds in Texas.
The contractor must use the money for the job's labour and materials first. Texas sets no cap on a deposit in the sections we read.
Tex. Prop. Code §162.001(a)
Covers: Payments under a construction contract for improvements to specific real property in Texas.

Texas: Mechanic's lien

Mechanic's lien, Texas
RuleNumberSource
A roofer who contracted directly with you on a house must file a lien by the 15th day of the third month after the work ends.
Example: work finished any day in March means the deadline is June 15. The affidavit is filed with the county clerk.
3 months
counted from completion of the work
Tex. Prop. Code §53.052(a)(2)
Covers: An original contractor (one hired by the owner) on a residential construction project: construction or repair of a residence and its appurtenant improvements.
The roofer must sue to foreclose the lien within one year after the last day it could have filed.
The owner and claimant may extend this in a recorded written agreement, to no later than the second anniversary of the lien filing (§53.158(a-2)).
1 year
counted from the date the rule names
Tex. Prop. Code §53.158(a)
Covers: Mechanic's lien claimants under chapter 53.
The contractor must hand you a written 'Know your rights' statement before you sign a home repair contract.
The statement says the contractor may not make you convey your property and tells you to get the work, time, cost and payment terms in writing.
Tex. Prop. Code §53.255(a)
Covers: A contract between an owner and a contractor to construct or repair the owner's residence.
While the work is going on and for 30 days after it ends you must keep back 10 percent of the price.
This protects you against liens from the roofer's suppliers. Ask for lien waivers when you make the final payment.
10% Tex. Prop. Code §53.101(a)
Covers: Owners under an original contract for which a mechanic's lien may be claimed.

Texas: insurance claims and your roofer

Insurance claims and your roofer, Texas
RuleNumberSource
A contract of $1,000 or more that insurance is expected to pay must carry a bold deductible warning.
If your roofing contract is paid from an insurance claim and has no such notice, ask the roofer to add it.
$1,000 Tex. Bus. & Com. Code §27.02(b)
Covers: Contracts of $1,000 or more paid at least in part from a property insurance claim.
A Texas seller commits a crime by absorbing, rebating or waiving your insurance deductible without the insurer's consent.
The offense is a Class B misdemeanor under subsection (d). 'Free deductible' offers are the thing this rule targets.
Tex. Bus. & Com. Code §27.02(c)-(d)
Covers: Sellers of goods or services paid from a property insurance claim.
The insured person must pay the deductible.
An insurer may hold back recoverable depreciation until it has reasonable proof the deductible was paid (§707.004).
Tex. Ins. Code §707.002
Covers: First-party property claims on real property.
A contractor may not act as a public adjuster or advertise to adjust the claim on a property it is working on.
A roofer may inspect and give an estimate but may not negotiate the claim for you with the insurer.
Tex. Ins. Code §4102.163(a)
Covers: Any contractor, even one that holds a public adjuster licence or a power of attorney from the owner.

The insurer’s own deadlines are on the Texas claim deadlines page.

Texas: after a disaster

After a disaster, Texas
RuleNumberSource
After a declared disaster it is a deceptive trade practice to charge an exorbitant price for building materials or other necessities.
Complaints go to the Attorney General's consumer protection division.
Tex. Bus. & Com. Code §17.46(b)(27)
Covers: Disasters declared by the governor or the President.

FEMA has made 54 disaster declarations in Texas since 2014 (OpenFEMA); see Texas disasters.

Texas roofing license

Texas has no statewide roofing license. The Texas Department of Insurance and the Real Estate Commission do not license roofers. Source, checked 2026-10-07.

What we could not confirm in Texas

  • A cap on the deposit a Texas roofer may ask for: not confirmed. Not found in the sections read (Property Code ch. 53 and 162, Business & Commerce Code ch. 27 and 601). Texas may have no cap.
  • Assignment of insurance benefits to a roofer: not confirmed. No Texas statute on assignment of property-claim benefits to a contractor was found in the sections read (Insurance Code ch. 4102, 707).
  • A right to cancel the roofing contract if the insurer denies the claim: not confirmed. Not found in the Texas sections read (Business & Commerce Code ch. 27 and 601).
  • A general rule that every roofing contract must be written: not confirmed. Not found. Only the homestead lien rule (§53.254) and the disclosure statement (§53.255) were found.
Information, not legal advice. Contract law changes and courts read it differently. Complaints about a Texas contractor start with the Texas Attorney General, Consumer Protection Division. For your own contract ask a Texas attorney.

Texas contract questions

How long can I cancel a roofing contract in Texas?
Tex. Bus. & Com. Code §601.051: 3 business days, counted from the day you sign. The federal rule gives 3 business days for sales made at your home. The median across the 25 of 27 states with a confirmed number is about 4 calendar days (business days scaled by 7/5). Texas does not define 'business day' in this chapter, so the calculator counts every day, shows the earliest possible date, and the real last day can be later; confirm the date with the seller in writing.
What are the deposit rules for a roofing job in Texas?
Tex. Prop. Code §162.001(a): Money you pay a contractor for a construction job is held as trust funds in Texas. The contractor must use the money for the job's labour and materials first. Texas sets no cap on a deposit in the sections we read.
What is a mechanic's lien on a house in Texas?
Tex. Prop. Code §53.052(a)(2): A roofer who contracted directly with you on a house must file a lien by the 15th day of the third month after the work ends. Example: work finished any day in March means the deadline is June 15. The affidavit is filed with the county clerk.
Can a roofer in Texas handle my insurance claim for me?
Tex. Ins. Code §4102.163(a): A contractor may not act as a public adjuster or advertise to adjust the claim on a property it is working on. A roofer may inspect and give an estimate but may not negotiate the claim for you with the insurer.
Can a roofer in Texas waive my insurance deductible?
Tex. Bus. & Com. Code §27.02(c)-(d): A Texas seller commits a crime by absorbing, rebating or waiving your insurance deductible without the insurer's consent. The offense is a Class B misdemeanor under subsection (d). 'Free deductible' offers are the thing this rule targets.

Why contracts get signed fast after a Texas hailstorm

NOAA lists 23 Texas cities in our data with 789 city-days of hail at 1 inch or more since 2014; the largest stone was 5.68 inches and the busiest month is May. County by county: Texas hail history.

2228388797961463285642434536JanFebMarAprMayJunJulAugSepOctNovDec

Texas cities we cover

Where each Texas rule comes from

RuleSourceRead
Written contract: no fixed number
To put a lien on a Texas homestead the contract must be written, signed before work starts, and filed with the county clerk.
Tex. Prop. Code §53.254(a)-(e)
statute text
Quote

“To fix a lien on a homestead, the person who is to furnish material or perform labor and the owner must execute a written contract setting forth the terms of the agreement. (b) The contract must be executed before the material is furnished or the labor is performed. (c) If the owner is married, the contract must be signed by both spouses.”

2026-10-09
official page
Right to cancel: 3 business days
You can cancel a Texas sale made away from the seller's office until midnight of the third business day after you sign.
Tex. Bus. & Com. Code §601.051
statute text
Quote

“a consumer may cancel a consumer transaction not later than midnight of the third business day after the date the consumer signs an agreement or offer to purchase”

2026-10-09
official page
Right to cancel: no fixed number
The Texas 3-day right covers sales a roofer solicits in person away from its own office when the price is more than $25.
Tex. Bus. & Com. Code §601.002
statute text
Quote

“the merchant or the merchant's agent engages in a personal solicitation of a sale to the consumer at a place other than the merchant's place of business ... the agreement or offer is for: (A) the purchase of goods or services for consideration that exceeds $25”

2026-10-09
official page
Right to cancel: no fixed number
The contractor must give you a copy of the contract and a two-copy cancellation form when you sign.
Tex. Bus. & Com. Code §601.053
statute text
Quote

“A merchant that provides a document under Section 601.052 must attach to the document a completed notice of cancellation form in duplicate.”

2026-10-09
official page
Deposits and down payments: no fixed number
Money you pay a contractor for a construction job is held as trust funds in Texas.
Tex. Prop. Code §162.001(a)
statute text
Quote

“Construction payments are trust funds under this chapter if the payments are made to a contractor or subcontractor or to an officer, director, or agent of a contractor or subcontractor, under a construction contract for the improvement of specific real property in this state.”

2026-10-09
official page
Mechanic's lien: 3 months
A roofer who contracted directly with you on a house must file a lien by the 15th day of the third month after the work ends.
Tex. Prop. Code §53.052(a)(2)
statute text
Quote

“for residential construction projects, not later than the 15th day of the third month after the month in which the original contractor's work was completed, terminated, or abandoned”

2026-10-09
official page
Mechanic's lien: 1 year
The roofer must sue to foreclose the lien within one year after the last day it could have filed.
Tex. Prop. Code §53.158(a)
statute text
Quote

“suit must be brought to foreclose the lien not later than the first anniversary of the last day a claimant may file the lien affidavit under Section 53.052”

2026-10-09
official page
Mechanic's lien: no fixed number
The contractor must hand you a written 'Know your rights' statement before you sign a home repair contract.
Tex. Prop. Code §53.255(a)
statute text
Quote

“Before a residential construction contract is executed by the owner, the original contractor shall deliver to the owner a disclosure statement described by this section.”

2026-10-09
official page
Mechanic's lien: 10%
While the work is going on and for 30 days after it ends you must keep back 10 percent of the price.
Tex. Prop. Code §53.101(a)
statute text
Quote

“During the progress of work under an original contract for which a mechanic's lien may be claimed and for 30 days after the work under the contract is completed, the owner shall reserve: (1) 10 percent of the contract price of the work to the owner”

2026-10-09
official page
Insurance claims and your roofer: $1,000
A contract of $1,000 or more that insurance is expected to pay must carry a bold deductible warning.
Tex. Bus. & Com. Code §27.02(b)
statute text
Quote

“A contract to provide a good or service that is reasonably expected to be paid wholly or partly from the proceeds of a claim under a property insurance policy and that has a contract price of $1,000 or more must contain the following notice in at least 12-point boldfaced type”

2026-10-09
official page
Insurance claims and your roofer: no fixed number
A Texas seller commits a crime by absorbing, rebating or waiving your insurance deductible without the insurer's consent.
Tex. Bus. & Com. Code §27.02(c)-(d)
statute text
Quote

“pay, waive, absorb, or otherwise decline to charge or collect the amount of the insured's deductible; (ii) provide a rebate or credit in connection with the sale of the good or service that will offset all or part of the amount paid by the insured as a deductible”

2026-10-09
official page
Insurance claims and your roofer: no fixed number
The insured person must pay the deductible.
Tex. Ins. Code §707.002
statute text
Quote

“A person insured under a property insurance policy shall pay any deductible applicable to a first-party claim made under the policy.”

2026-10-09
official page
Insurance claims and your roofer: no fixed number
A contractor may not act as a public adjuster or advertise to adjust the claim on a property it is working on.
Tex. Ins. Code §4102.163(a)
statute text
Quote

“A contractor may not act as a public adjuster or advertise to adjust claims for any property for which the contractor is providing or may provide contracting services”

2026-10-09
official page
After a disaster: no fixed number
After a declared disaster it is a deceptive trade practice to charge an exorbitant price for building materials or other necessities.
Tex. Bus. & Com. Code §17.46(b)(27)
statute text
Quote

“taking advantage of a disaster declared by the governor under Chapter 418, Government Code, or by the president of the United States by: (A) selling or leasing fuel, food, medicine, lodging, building materials, construction tools, or another necessity at an exorbitant or excessive price”

2026-10-09
official page

Nearby states

Oklahoma, Kansas, Louisiana, Nebraska or all states.

Related: Texas claim deadlines, Texas roofers, insurer roof-age rules.