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Texas Contracts Questions & Answers
1 Answer | Asked in Education Law and Contracts for Texas on
Q: Does the school owe me more? Or no? Their website said the school could be finished 100% online, but now it can't.

2 months, with school that is with the Texas tdlr, has to drop out this month. I emailed questions before starting to make sure the program was fully online as the school's website stated, I have the school email stating it is fully online, in their handbook it states can finish 100% online.... Read more »

John Michael Frick
John Michael Frick
answered on Nov 23, 2022

It could be a misrepresentation depending upon what they knew and intended at the time they set up their website, sent the email, published their handbook, and promised you could finish online. Or it could simply be a breach of contract. Or it could be something completely outside of their... Read more »

1 Answer | Asked in Contracts and Business Law for Texas on
Q: If I sell my business on contract & the buyer does not pay - can I foreclose on the buyer's house or other collateral?

Wondering if a business sale contract gives similar protection benefits to something like a mechanic's lien - where the debt can be secured with property or other collateral.

John Michael Frick
John Michael Frick
answered on Nov 23, 2022

The sale of a business can be collateralized just like other transactions. As long as real estate securing the transaction is not a homestead, real estate can secure the transaction. This is commonly done with a deed of trust.

Perfecting a security interest has different requirements...
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1 Answer | Asked in Contracts for Texas on
Q: Is storage facility responsible for mold damage in a climate controlled storage facility due to malfunctioning AC?
John Michael Frick
John Michael Frick
answered on Nov 22, 2022

Typically no. But your self storage rental insurance policy may provide coverage for damage to your property. Read your policy carefully though; some contain mold and mildew exclusions.

1 Answer | Asked in Contracts and Civil Rights for Texas on
Q: My fathers car got repossessed and I have no idea where hes at what Can I do to get my belongings.

They keep telling me I can’t get anything until he calls and tells them I can but I don’t know where he’s at haven’t seen or talked to him for years .

John Michael Frick
John Michael Frick
answered on Nov 21, 2022

If your personal property somehow managed to get inside his repossessed car, it’s past time that you and he have a phone conversation.

It will be far less costly, less unpleasant, and less time-consuming than your legal options.

1 Answer | Asked in Contracts for Texas on
Q: I got into a contract for solar panels with a co borrower I don’t even know. Can I sue thr solar company for fraud?
John Michael Frick
John Michael Frick
answered on Nov 16, 2022

If the company committed fraud against you, you can sue them for fraud whether you have a co-borrower or not. If the company also committed fraud against your co-borrower, the co-borrower may intervene in the lawsuit as well, as allowed by Tex. R. Civ. P. 60.

Whether the company...
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1 Answer | Asked in Contracts, Copyright, Tax Law and Business Formation for Texas on
Q: I need a trademark lawyer
Carli Jo Aelker
Carli Jo Aelker
answered on Nov 12, 2022

Hi! Unfortunately this is not the place to retain an attorney, it is a forum for legal questions. You should reach out to a trademark attorney privately.

1 Answer | Asked in Small Claims and Contracts for Texas on
Q: If there wasnt a contract and no stipulations for cancellations and there was notice, can someone sue us in small claims

I work at a restaurant in Fort Worth. We booked a musician to play, then we had to cancel him 25 hours before hand. There were no contracts signed, no verbal or written agreements that we would pay a cancellation fee and there is no verbiage on his website pertaining to cancelled shows. I scheduled... Read more »

John Michael Frick
John Michael Frick
answered on Nov 7, 2022

Oral agreements are enforceable in Texas. If the musician was not able to book a new gig for the same amount of money you agreed to pay him, he likely can successfully sue you for that amount arguing that you repudiated the agreement when you cancelled the gig on such short notice. He might be... Read more »

1 Answer | Asked in Contracts for Texas on
Q: I signed a contract where wrong information was stated. Is the contract valid?

Mileage on a vehicle was stated wrong. Does this void the warranty? It was a used car does this void the contract?

John Michael Frick
John Michael Frick
answered on Nov 4, 2022

First, you are very lucky you received a warranty when buying a used car. Most are sold as-is. Whether the erroneous mileage voids the warranty depends on the exact wording of the warranty itself. The only way to tell is by reading it.

Second, as far as the contract, if the mileage was a...
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1 Answer | Asked in Contracts for Texas on
Q: If I had a template food service contract that I singed for a project but I discard it after I dont need it

Will I get in legal trouble

Tim Akpinar
Tim Akpinar
answered on Nov 3, 2022

A Texas attorney could advise best, but your question remains open for three weeks. To give a reliable answer, someone would need to see the contract and know about your conversations/correspondence. Some agreements contain only one signature. In simplest textbook terms, a contract that requires... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Arbitration / Mediation Law and Tax Law for Texas on
Q: A tax firm asks me to sign the Binding Arbitration form to petition the property tax. Will there be a problem later?
John Michael Frick
John Michael Frick
answered on Oct 28, 2022

Only if you don't want to arbitrate any future dispute you may have with the tax firm. With very few exceptions, arbitration agreements are enforceable.

1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: A friend of mine took his car down got a title loan. He lapsed on his bill and they took the car and auctioned.

A friend of mine took his car down got a title loan. He lapsed on his bill and they took the car and auctioned. He is not upset but they sold the car for 6k more than the debt. He brought me the letter and we called. They said it can take 6 months to a year to get the funds. Is there a time frame... Read more »

John Michael Frick
John Michael Frick
answered on Oct 25, 2022

Ordinarily, title loan companies do not pay any excess proceeds to the defaulting borrower.

Your friend should check the written terms of his title loan to see if it states how long. Generally, if a contract doesn’t state a specific time for performance, a reasonable period of time is inferred.

1 Answer | Asked in Real Estate Law, Contracts and Foreclosure for Texas on
Q: we live in texas and have homestead act on house/property. can roofer foreclose on us for unpaid roof?
John Michael Frick
John Michael Frick
answered on Oct 25, 2022

If the roofing contractor has properly fixed a lien against the homestead as provided in Chapter 53 of the Texas Property Code, yes the roofer can judicially foreclose on the lien.

1 Answer | Asked in Contracts, Criminal Law and Business Law for Texas on
Q: I hired a guy who advertises his services to build 2 PCs. Brought him the parts. Been 1.5 months. Can he legally keep it

He claimed he was the best. I know alot more now about PCs than when I hired him. I put down $250 and the overall fee I'm supposed to pay upon completion is way over market price and reluctantly I agreed as long as I had in writing what service after the sale would I be receiving. Never got... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Oct 24, 2022

This may be a breach of contract. I would need to learn a few more details. If it is a breach, you can likely take legal action.

1 Answer | Asked in Contracts and Products Liability for Texas on
Q: What happens if we stop paying TECHNU for our 51 solar panels that haven’t worked in five months?? No response from comp

We were promised “Will not receive bill from electric company”. Panels sat for 6 months before learning still need electric company and solar plan. Started solar plan with TXU. Then lights and all appliances started arching. Turning off and on. Burning out everything. No one assumes... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Oct 24, 2022

This may constitute a breach of contract. I would need to review the details. However, in the event it is a breach you will be able to take legal action.

1 Answer | Asked in Banking, Consumer Law and Contracts for Texas on
Q: I have a consumer loan with the APR of 17.92% and 56 mth term. Amount financed $18304.54 payment $479.00 mth. Can they

Truth lending page says I will pay $9077 for this loan. They also charge $6.70 per day on top of this APR cost which was not disclosed. They are taking 3 times the disclosed interest. They have my car title yet won't work with me on any level. The deceptive practice of hiding the daily... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Oct 24, 2022

I would have to read through the details, but there is more scrutiny on lenders that offer loans with interest rates above 10%. In situations like this, I look for areas where the lender failed to follow the law.

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Texas on
Q: I need a pronoun lawyer we paid 79,000 for land and found the lady trying to sell it again to someone else.what do I do?

My mother paid for a property and there are squatters that won't leave we can't get on the place.The lady we gave her life savings to spent all the money so we can't get our money back and now she trying to sell it to someone else she scammed us out of the money cause come to find... Read more »

John Michael Frick
John Michael Frick
answered on Oct 24, 2022

First, make sure that the deed to you when you bought the property was properly recorded. Usually, the title company who handled the closing does this correctly. Often, when people don’t use a title company, they fail to properly record the deed.

Second, hire a title company to perform...
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2 Answers | Asked in Landlord - Tenant and Contracts for Texas on
Q: If my landlord doesn't keep the gates closed and I incur theft of my auto does Warrant of habitabilty take action?

Gated parking garage broken 7 weeks and I lost my truck to thieves

John Michael Frick
John Michael Frick
answered on Oct 24, 2022

The warranty of habitability addresses the living condition of the habitable portions of the premises, not the parking garage.

The theft of your truck from the parking garage does not constitute a breach of the warranty of habitability.

In most leases, the parties agree that the...
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1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Hi, I signed a lease to rent a property and after living here I realize that there is a roach infestation.

Also, management failed to clean the property before my lease started. Can I get out of the lease?

John Michael Frick
John Michael Frick
answered on Oct 16, 2022

Maybe, but probably not. It depends on the language of your lease, whether the infestation is so pervasive it renders the premises uninhabitable, and local ordinances governing rental property.

You should definitely give your landlord written notice about the condition of the rental...
Read more »

1 Answer | Asked in Contracts for Texas on
Q: : I put a down payment on a vehicle. The deal did not go through. I returned their property.they refused my down payment

How van I get my down payment back?

John Michael Frick
John Michael Frick
answered on Oct 16, 2022

You can file a lawsuit seeking the return of the down payment. Carefully read all of the paperwork if any associated with the transaction that didn’t go through to determine if the down payment was non-refundable or if you have any obligation to pay for the use of the vehicle prior to its return... Read more »

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