Texas Real Estate Law Questions & Answers

Q: mom passed away left sis and I 50/50 homestead and a rent house I don't want to keep paying taxes on rental can I sell ?

1 Answer | Asked in Real Estate Law for Texas on Oct 3, 2014

Answered on Oct 6, 2014

Follow Question


Nancy Hui's answer
If you and your sister are co-owners of the house, both of you have to agree to sell. If she does not agree, you will have to file a motion to the court for partition. You have to hire an attorney to do that for you. It is not a DIY project. You may also want to see if your sister agrees to buy you out. That way you don't need to go through the partition.

Answer this Question View More »

Q: Spouse is illegal resident can we still purchase a home?

1 Answer | Asked in Real Estate Law for Texas on Jul 14, 2014

Answered on Jul 14, 2014

Follow Question


Adam Martinez's answer
Yes. There is no requirement in Arizona that requires parties to be legal residents in order to purchase a home. However, if you are applying for a loan to purchase the property, then the lender may impose certain conditions before extending a loan. If you do not understand your mortgage representatives explanation of your lender's requirements, you may want to seek explanations from other mortgage brokers or agents.

Answer this Question View More »

Q: How do we transfer a name to the buyer when an agreement to Sell Real Estate has been signed?

1 Answer | Asked in Real Estate Law for Texas on Jul 1, 2014

Answered on Jul 1, 2014

Follow Question


Charles Snyderman's answer
Transfer of ownership is accomplished with a Deed signed by the owner. I recommend that you retain an attorney to help you with this. There's more to it than just signing the Deed.

Answer this Question View More »

Q: When a deed to a house is in both names of a married couple(not rights of survivorship) and one spouse dies, who owns?

1 Answer | Asked in Real Estate Law for Texas on May 27, 2014

Answered on May 27, 2014

Follow Question


Charles Snyderman's answer
You state that there was not rights of survivorship. Does the Deed state that the 2 owners who are named are husband and wife?

Answer this Question View More »

Q: I am the seller; appraisal is $6k less. Can I give the buyer a timeframe to make a decision? Can I terminate?

1 Answer | Asked in Real Estate Law for Texas on May 23, 2014

Answered on May 26, 2014

Follow Question


Charles Snyderman's answer
The answer depends on the language in the agreement of sale.

Answer this Question View More »

Q: Is there a way to cancel a contract for sale of a home by the seller once a contract has been signed

1 Answer | Asked in Real Estate Law for Texas on May 17, 2014

Answered on May 19, 2014

Follow Question


Charles Snyderman's answer
An agreement of sale for a home usually contains certain contingencies, such as mortgage financing, home inspection, pest inspection, etc. If any of these contingencies is not met, the contract can be cancelled at the option of a party or may even become automatically null and void. Check the terms of the contract. However, if all contingencies are met, neither party can cancel without the consent of the other party.

Despite the above information, almost anything can be negotiated. It...

Answer this Question View More »

Q: Is the Lien holder liable for property taxes if the buyer fails to pay them?

1 Answer | Asked in Real Estate Law for Texas on Mar 3, 2014

Answered on Mar 8, 2014

Follow Question


Edward J. Kazaleh's answer
Generally, No. That is not saying that the contracts among the parties could not make them liable if it was all agreed to. If you are asking if the taxing entity will go after you, they will only go after the property itself if it remains unpaid long enough to become a tax lawsuit.

Answer this Question View More »

Q: I own two lots in travis county in Austin's etj. I want to build over the the common lot line. Can I?

1 Answer | Asked in Real Estate Law for Texas on Oct 17, 2013

Answered on Feb 26, 2014

Follow Question


Edward J. Kazaleh's answer
Yes. Much easier than before now. There is a simple process for you to re-plat the lots if you are not in a restricted subdivision. Just go to the Travis County Engineers office or contact a lawyer.

Answer this Question View More »

Q: I own a lot that someone has been using as drive thru to new construction next to my property without my permission.

1 Answer | Asked in Real Estate Law for Texas on Nov 11, 2013

Answered on Feb 26, 2014

Follow Question


Edward J. Kazaleh's answer
You really should act fast to be try to be sure that the use does not establish a prescriptive easement over your land giving them legal rights and diminishing your properties value. Hopefully, that did not happen before you bought it.

You should sit down and have an Attorney evaluate the situation as soon as possible. We offer a no fee initial consultation by email or phone, or if you are local one of our offices, in person.

Edward Kazaleh

-------- EMAIL:...

Answer this Question View More »

Q: Upon excavation for our new pool installation we found there was an existing pool that had been covered up. recovery?

1 Answer | Asked in Real Estate Law for Texas on Dec 17, 2013

Answered on Feb 26, 2014

Follow Question


Edward J. Kazaleh's answer
That type of matter really deserves to be evaluated by sitting down with a real estate & litigation lawyer to evaluate the documents, disclosure and agreements made. It could be that you may have a claim that could be brought in Court for your damages and attorney's fees.

If you would like to set up a free consultation for that, please contact me.

Edward

EMAIL: propertylawyer@live.com

WEBSITE: www.bizlaw.pro

Answer this Question View More »

Q: Buying a bank owned home and they said the roof is new however our inspector says it is not. Do they have to fix

1 Answer | Asked in Real Estate Law for Texas on Jan 24, 2014

Answered on Feb 26, 2014

Follow Question


Edward J. Kazaleh's answer
Buying AS-IS means just that, unless there was deliberate fraud or concealment. The roof is open and obvious for your inspection, so it seems like you are getting what you asked for, an AS-IS sale without any obligation for the Seller to fix anything. Usually, the serious price difference more than makes up potential problems with an AS-IS home purchase.

Answer this Question View More »

Q: In an earnest money contract, can I relinquish just my earnest money and walk away due to job relocation?

1 Answer | Asked in Real Estate Law for Texas on Jan 29, 2014

Answered on Feb 26, 2014

Follow Question


Edward J. Kazaleh's answer
You may not have to do that...!

Let us have a look at your paperwork please!

For a free consultation contact me.

Edward

------- EMAIL: propertylawyer@live.com

------- WEBSITE: www.bizlaw.pro

--------------------------------------------------

Answer this Question View More »

Q: My mother has been given acreage in a warranty deed here in Texas can she assign or transfer this land to me

1 Answer | Asked in Real Estate Law for Texas on Jan 10, 2014

Answered on Feb 26, 2014

Follow Question


Edward J. Kazaleh's answer
While it really depends on the Deeds, in most cases land (without a mortgage on it and no conflicting claims) is freely transferable and she can transfer if over to you.

You will just need a Deed drawn up, sign it, get it notarized, and take it down to record it at County Clerk's Deed Records office.

I can help you with all of the above usually for a low FLAT FEE.

Please contact us if you need assistance.

Thanks

-----------Edward...

Answer this Question View More »

Q: Can I lease to purchase a property that is for sale to avoid realtor fees?

1 Answer | Asked in Real Estate Law for Texas on Feb 3, 2014

Answered on Feb 26, 2014

Follow Question


Edward J. Kazaleh's answer
No, not without creating greater potential liability for even more and attorneys fees.

Additionally, a lease to purchase is typically a very one-sided and poor investment choice that should be avoided if possible. TREC forms also may require a real estate commission for the Lease as well.

Answer this Question View More »

Q: Can Texas condominium owners be sued individually for easement by necessity due to undivided interest of common grounds

1 Answer | Asked in Real Estate Law for Texas on Feb 8, 2014

Answered on Feb 26, 2014

Follow Question


Edward J. Kazaleh's answer
I've done a lot of Condo law including lawsuit against rouge Boards for individual owners. Its difficult to understand exactly what you are asking here. In most situation, there would be no reason to ever sue an individual (if I'm getting correctly) since the Common Area is owned by the Association, not individuals. It maybe that if they sued every single owner (asserting the Board was not in place or defective) that could be possible. Being sued wrongfully may give you some legal rights to...

Answer this Question View More »

Q: I purchase a land from a seller when the land closed did't have a road now is a corner lot. Is this an easement?

2 Answers | Asked in Real Estate Law for Texas on Dec 27, 2013

Answered on Jan 2, 2014

Follow Question


Douglas J. Shumway's answer
There are a number of ways that an easement can be created but many times the exact rights associated with a non-contractually created easement are hard to nail down. You would be well served to hire a local real estate lawyer to go over the specifics of your situation. Any real estate lawyer will want to look at surveys, review the purchase contract, check out the land records, etc., in order to properly advise you so if you have those things you will want to take them with you to the...

Answer this Question View More »

Q: I have a house under my name and my ex's name if I was to move back in can she take home away? My name is on top.

1 Answer | Asked in Real Estate Law for Texas on Nov 21, 2013

Answered on Dec 2, 2013

Follow Question


Douglas J. Shumway's answer
The answer to your question is a lot more complicated than you might assume. The type of ownership is important, any agreements associated with ownership might have an impact, and the potential liability associated with re-taking the property should be analyzed. You probably want to schedule a free consultation with a local attorney. Most law firms will provide you with a free consultation and you will be able to get a better feel for your situation by taking advantage of that opportunity. Even...

Answer this Question View More »

Q: Joint owners want to transfer title into a newly formed LLC but have loan on prop. Possible? Will it effect the loan?

1 Answer | Asked in Real Estate Law for Texas on Oct 18, 2013

Answered on Nov 4, 2013

Follow Question


Douglas J. Shumway's answer
Generally this sort of situation is governed by what is generally known as a "due on sale" clause. Most loan documents have a provision that restricts the transfer of property and when you transfer the property (assuming the lender discovers such transfer) then the lender may call the loan due. Technically you would certainly be in violation of the contract if it contained such provision and you transferred the property, but this sort of thing is done on a very regular basis by home flippers,...

Answer this Question View More »

Q: Have allowed neighbor to use five feet of my property. Do I retain ownership indefinitely?

1 Answer | Asked in Real Estate Law for Texas on May 31, 2013

Answered on Aug 5, 2013

Follow Question


Douglas J. Shumway's answer
As I am sure any Texas lawyer will agree, you should put all agreements in writing so that in the future you don't have problems arise that are extremely expensive to litigate. Generally neighbors don't have problems until one or the other sells the property. The buyer relies on what he/she sees and can get very attached to the property that is not really his/hers. You can only imagine what happens when both sides sell and the person who buys your property gets a survey done and wants to sue...

Answer this Question View More »