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Questions Answered by Teri A. Walter
1 Answer | Asked in Business Law for Texas on
Q: Selling my assets located on my property that is currently rented/leased to a third Party?

Case: Property owner rents out his property but he still has junked machinery on site. He decides to sell the machinery located on the current leased property and he states in the sales contract that all machinery must be removed in 15 days or buyer will have to pay a $500 penalty fee, and was... Read more »

Teri A. Walter
Teri A. Walter
answered on Dec 1, 2021

Lots of things went wrong here. The landlord/seller is trying to impose a penalty on the buyer, without incurring any damages, the Buyer isn't complying with the agreement, and the tenant is interfering in the contract. Buyer needs to pick up the equipment, the tenant needs to get out of the... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: I was purchasing some land from a neighbor. We both signed a agreement with address and price but no payment arrangemen

I got half of the agreed price payed off and he transfered ownership into someone else's name.

Teri A. Walter
Teri A. Walter
answered on Dec 1, 2021

You may have a claim to to title based on the agreement, and partial performance. Talk to a lawyer in your area and bring the agreement, and your records of payment.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can an employer make employees come to work in a good mood when an employee has mental health issues?

Do I need to discuss my mental health issues with my employer?

Teri A. Walter
Teri A. Walter
answered on Dec 1, 2021

I have no idea how an employer would enforce a requirement to "come to work in a good mood," but they could certainly insist on certain behaviors which might suggest that a person is in a good mood, such as being polite to customers or co-workers, greeting customers at the door, smiling... Read more »

1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: Predatory lender gave false, misleading information in contract and will not provide proper receipts of payment

I was targeted by an aggressive door to door salesman, I was coerced and pressured into signing a contract for a Kirby vacuum and promised monthly payments of $105.49, $2,800 payoff before 36 months and $3,797.64 if I’m still paying after 36 months, 21% interest rate. I was turned over to a... Read more »

Teri A. Walter
Teri A. Walter
answered on Nov 30, 2021

First, I recommend that everyone Always keep their own records of payments made, either by making the payments in a way that generates a record (like a check) or by keeping a copy of the payments made. That way you are never in the position of having to look for a receipt.

As to whether...
Read more »

1 Answer | Asked in Gov & Administrative Law and Military Law for Texas on
Q: Can I sue my former university for charging me out of state tuition due to the military moving me in highschool?

I applied to a texas colllege and when applying I informed the school that I considered myself a texas resident because I spent my freshmen, sophmore, and half of my senior year at a texas highschool and graduated from said school. I only spent my junior year and half of my senior year in new... Read more »

Teri A. Walter
Teri A. Walter
answered on Nov 30, 2021

There are rules that govern when in-state and out of state tuition should be charged. (When I was in school, after being employed in Texas for a year, I qualified for in-state tuition - so I paid out of state tuition for only the first year, and then switched to in-state tuition.) Here's a... Read more »

1 Answer | Asked in Divorce for Texas on
Q: I was served for divorce Oct 30. Final hearing date for divorce is Jan.12. Can I still File a Motion for Temporary Order

I don't have a lawyer, so trying to figure it out myself. It's very hard. Husband has a Lawyer. He's been provider for the 10yr marriage. My income is $313 disability check. I need help. Is it to late to file Motion for Temporary Orders Hearing? I live in the home. It's mine,... Read more »

Teri A. Walter
Teri A. Walter
answered on Nov 29, 2021

Temporary orders won't be effective after a final decree is entered, so it doesn't make much sense to request temporary orders at this stage. Of greater concern is the terms of the final decree, and whether it recognizes your separate property. You need a lawyer to review the situation.... Read more »

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: How long do I have in TX to cancel an appeal I filed against eviction due to violation of lease“disrupting behavior
Teri A. Walter
Teri A. Walter
answered on Nov 29, 2021

If you are the party appealing the eviction, you can dismiss the appeal at any time.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: My neighbor connected their water utilities to my water meter, what can I do?

I purchased a vacant lot that has a water meter on it. I'll call my property lot 1. That water meter was listed with the city for both lots 1 and lot 2 since the previous owner owned both lots, the water meter is physically on my property. However lots 1&2 are now owned by different people... Read more »

Teri A. Walter
Teri A. Walter
answered on Nov 19, 2021

It sounds like you have a trespass claim against your neighbor, and damages from any unrepaired trench on the property, as well as the cost of providing water to your neighbor, and possibly for the cost of installing a new water line and meter. Depending on the circumstances and expense, there may... Read more »

1 Answer | Asked in Divorce for Texas on
Q: In a community property state, do all savings/investments get split 50/50 regardless of circumstance?

Scenario: In late 2019, a couple in a community property state decides prior to marriage to keep their finances separate but divides all housing and utility costs equally. However, no prenuptial agreement is signed.

Spouse X earns a base salary income of $70,000 and Spouse Y earns a base... Read more »

Teri A. Walter
Teri A. Walter
answered on Nov 19, 2021

Absent a written agreement otherwise, all assets acquired during the marriage are presumed to be community property. Property acquired by gift or inheritance is separate property, but the person claiming that they are separate would have the burden of proving that. If community property was used... Read more »

1 Answer | Asked in Contracts and Business Formation for Texas on
Q: Ways to start a single member LLC as a subsidiary of a multi-member LLC for a retail store? Need 100% control.

I have 60% of the company and want to keep the same branding. But need to have full control of the new line. Can this be as simple as putting the agreement in the operating agreement and filing for a single member LLC where I have 100% control. My main goal is to keep the branding and customer... Read more »

Teri A. Walter
Teri A. Walter
answered on Nov 19, 2021

It's doubtful that you could assume complete control of a product line of the original LLC simply by starting a new LLC, and even taking a new business opportunity from the original LLC may be problematic. Presumably you would also need to have ownership of that product line & branding... Read more »

1 Answer | Asked in Child Custody and Divorce for Texas on
Q: Wife abandoned home, what should I do for a divorce?

Hello, I am a father of 2 children (7 and 13). My wife and I have been married almost 8 years. We have had difficulties like most marriages. About 7 weeks ago we had a disagreement and she left and has not returned. I have not heard from her or have seen her since. None of her friends or family... Read more »

Teri A. Walter
Teri A. Walter
answered on Nov 17, 2021

Under the circumstances, you might want to consider filing a missing persons report with the police. In order to get a divorce, she'll have to be served with a citation, so you'll need to know where she is.

1 Answer | Asked in Contracts for Texas on
Q: Independent contractor lost opportunity

I had an opportunity for a high rate consulting opportunity with a former client

They contacted me with a intermediate company who agreed I could use them as a third party for billing purposes provided I had a llc

I obtained the llc at a cost of 800 dollars and 4 days later they... Read more »

Teri A. Walter
Teri A. Walter
answered on Nov 17, 2021

I can't tell whether you actually had a contract, or were just discussing and negotiating an "opportunity." In the meantime, it doesn't sound like you "lost" $800, but rather that you set up an LLC that you can't use for the deal you didn't get, and you can... Read more »

1 Answer | Asked in Personal Injury for Texas on
Q: WHAT HAPPENS IF DEFENSE COUNCEL AND MY OLD ATTORNEY SUBMITS FALSE DOCUMENTS IN A CASE AND CASE GETS DISMISSED?

CASE 14-21-00400-CV

Teri A. Walter
Teri A. Walter
answered on Nov 15, 2021

The appeal is pending, awaiting the Appellee's brief. After that is filed, the appeals court will review the briefs and issue an opinion. No one can give you a prediction as to what that will be without reviewing the whole case.

1 Answer | Asked in Family Law for Texas on
Q: What should a woman do if her common law husband dies and the home belongs to siblings including the common law husband
Teri A. Walter
Teri A. Walter
answered on Nov 15, 2021

You have three issues that need to be decided in order to answer this question.

1. Who actually has title to the property? Often, when I hear that multiple siblings are the owners, the property belonged to one or more parents, who died and there was no probate proceeding. All of that has...
Read more »

2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: Is it legal to purchase a book from overseas over the Internet and have it shipped to the US?

I’m considering buying a book online from a bookstore in the UK and having it shipped to me in the US because the British edition is much more attractive than the US edition (this would be shipped by the retailer using the postal system). The thing is, the US edition and UK edition are published... Read more »

Teri A. Walter
Teri A. Walter
answered on Nov 11, 2021

Buy the book - there's no problem with what you described.

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1 Answer | Asked in Real Estate Law for Texas on
Q: Can a persons girlfriend lay claim to family owned property if her boyfriend got locked up. And she wont vacate?

My father owns property selling to his sister. Which she allowed her son and his girlfriend to reside on property. Her son got locked up and the girlfriend is claiming property.

Teri A. Walter
Teri A. Walter
answered on Oct 21, 2021

The answer to this question will be found in the documents, and your post is not at all clear what is happening.

Is the sale on a contract for deed, or has the property already been conveyed, subject to a note and deed of trust? Are the son and/ or girlfriend tenants? What kind of...
Read more »

1 Answer | Asked in Consumer Law for Texas on
Q: Can my storgage unit landlord lock me out of my unit for alleged damge to another unit?

In August 2021 upon moving in i was backing up and tapped the side of a storage unit. I did report the incident to the office and the maintenace man confirmed that this has been damaged previously. Yesterday I was emailed an invoice for $2,600 for the replacment of the roll up door. No other... Read more »

Teri A. Walter
Teri A. Walter
answered on Oct 21, 2021

I suggest you talk to them and try to work it out. But yes, damage to any part of the property would be grounds for locking you out.

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: If u get evicted an make an appeal

If u get evicted an make an appeal and pay the bond and a month of rent to court do they give u the whole month howitworhowitworks

Teri A. Walter
Teri A. Walter
answered on Oct 21, 2021

If you pay your rent into the registry of the court every month during the appeal, those payments will be applied towards any judgment the landlord recovers against you. If you don't, your appeal is likely to be dismissed.

2 Answers | Asked in Bankruptcy for Texas on
Q: During Chapter 7 Bankruptcy, is it normal for the trustee to ask for your unemployment application?

I filed for chapter 7 in Texas with over 10,000 in checking accounts. 100% of this money is from unemployment compensation so I claimed it all as exempt. I told my trustee that at 341 meeting, and he said that it might not be exempt.

I was expecting him to ask for bank statements which... Read more »

Teri A. Walter
Teri A. Walter
answered on Oct 21, 2021

There's nothing unusual about a bankruptcy trustee looking for evidence that property is exempt.

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1 Answer | Asked in Probate for Texas on
Q: My great aunt died, she has custody papers on me, I was wondering if they would work for a house in probate

She had custody of me and my brother since I was 2 and I'm 34 now and her house and items are in probate so I'm trying to find out if we are considered her children as well and if we have any right to her house?

Teri A. Walter
Teri A. Walter
answered on Oct 15, 2021

Unless you were adopted, you are not an heir. If you are not an heir, are not a beneficiary in a will, and have no other documents giving you rights to some of your aunt's property, then you have no rights to any of your aunt's property.

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