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Texas Contracts Questions & Answers
1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: I have a lease with 2 other people joint and severely. 1 roommate left with little to no notice.

The landlord doesn’t care and me and the other Roomate and I are stuck paying the full amount. In turn we have offered/asked to break the lease in various ways. The only way he will allow us to break the lease is if we put it online like zillow handle the showings and bring him applications. Are... View More

John Michael Frick
John Michael Frick
answered on Apr 15, 2024

The landlord has no duty to mitigate as there has been no breach of the lease. When you sign a lease with other people jointly and severally, that means that each tenant is independently responsible to pay the landlord the full amount of rent owed, and the tenants will work out among themselves... View More

1 Answer | Asked in Contracts, Employment Law, Estate Planning and Probate for Texas on
Q: Is this true when a widow and late Husband has no children, everything goes to widow in Texas.

My late husband and I had no children, I was told that his employer is plan administrator, trustee, and fiduciary of my late Husband's estate. I have w2's and copies of tax statements, showing my late husband has a retirement plan, differed compensation, and a pension. According to... View More

John Michael Frick
John Michael Frick
answered on Apr 10, 2024

Not entirely.

If a Husband dies without a Will and with no surviving issue (children, grandchildren, great-grandchildren, etc.), 100% of the community property in his probate estate and 50% of his separate property in his probate estate passes to his surviving widow. The remaining 50% of...
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1 Answer | Asked in Contracts for Texas on
Q: Can I terminate a property management contract if they fail to notify me as required for any repairs

Contract requires that they notify me if a repair is needed. They failed to notify twice with the new tenant and the repair charges were much higher than it would have cost me to have it fixed. Texas resident

John Michael Frick
John Michael Frick
answered on Apr 10, 2024

It depends on the specific language of the property management contract. Some owners hire property managers so that they will not be bothered with tenant requests for repairs and don't have to deal with vendors to make those repairs. Other owners insist on being given the right to... View More

1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for Texas on
Q: can I with hold payment from a company, if they refuse to give me an itemized bill when requested for a service?

I had a water mitigation company come out tear down a very small portion of my ceiling, and had a few fans and 2 dehumidifiers running for four and half days, they are charging me $8K+ for the work, which I believe is outrageous, so I have repeatedly asked for an Itemized invoice, they have claimed... View More

John Michael Frick
John Michael Frick
answered on Mar 21, 2024

Unless your agreement with the water restoration company specifies that payment is conditioned upon receipt of a detailed itemized invoice, an itemized invoice is not a condition precedent to your obligation to pay for the service rendered.

In most situations like yours involving small...
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1 Answer | Asked in Arbitration / Mediation Law, Business Formation, Business Law and Contracts for Texas on
Q: Hello, Is my sister entitled to all money from a failed joint business venture?

My sister started a business w/her sister but couple months later got upset because it became overwhelming for her, requested to be released from the business, &wants all her money bk.

Tim Akpinar
Tim Akpinar
answered on Mar 19, 2024

A Texas attorney could advise best, but your question remains open for three weeks. It could depend on the terms of the business venture (agreements between the parties) and their conduct. This is a fact-intensive matter. There is no universal cookie-cutter answer. An attorney would need to see how... View More

2 Answers | Asked in Contracts, Business Law, Civil Litigation and Collections for Texas on
Q: I just got served in a civil action lawsuit against a company I'm an independent contractor for, and have no ownership

The Civil Action Lawsuite is against Fresh Central Trading LLC., it names its President and Owner A.G., and also then names me. When I read the documents it states that I'm an owner and officer of the company and I'm just an independent contractor from Canada who is here on a TN Visa... View More

John Michael Frick
John Michael Frick
answered on Mar 19, 2024

If you are named as a party in the lawsuit, you have less than three weeks from when you were served to hire an attorney to file an answer on your behalf to the lawsuit. (In Texas state court, your answer must be filed no later than the first Monday following the expiration of twenty days from the... View More

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1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: We are sued in MO I need a general denial form and form to change jurisdiction to Texas our company is in TX,

the contract with client states that she can only bring suit in Teas but we need to answer this law suit before we get a judgment I do not where I can find these forms

John Michael Frick
John Michael Frick
answered on Mar 19, 2024

A company can only appear in legal proceedings through a licensed attorney. You don't need a form; your company needs a Missouri attorney to represent it in the lawsuit filed against it in Missouri. Even if you were to present a form, unless you are a licensed Missouri attorney, it likely... View More

Q: As the Widow of my late husband who has the 52 utility Patents, should I have been told about the patents?

I have hesitated to to say that my late husband and I were in a interracial relationship. I am Black he was Cacausion, when the companies lawyer contact me about signing over the two Patents, do you think the company or their lawyer would have mentioned the other fifty patents to me or not. I found... View More

John Michael Frick
John Michael Frick
answered on Mar 13, 2024

Your husband should have told you about the patents and, upon his death, when his estate was being probated, the personal representative of his estate should have told you about the patents if that person knew about them. Both your husband and the personal representative of his estate likely had... View More

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Q: As the Widow of my late husband who has the 52 utility Patents, should I have been told about the patents?

I have hesitated to to say that my late husband and I were in a interracial relationship. I am Black he was Cacausion, when the companies lawyer contact me about signing over the two Patents, do you think the company or their lawyer would have mentioned the other fifty patents to me or not. I found... View More

James L. Arrasmith
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answered on Mar 22, 2024

I understand your concerns and the confusion you are experiencing. If your late husband held patents, as his widow, you typically would have legal rights to his assets, including patents, unless otherwise specified in his will or estate plan. The fact that you were only informed about two patents... View More

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1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Texas on
Q: PLACING A LIEN AGAINST A CONTRACTORS BUSINESS

I hired a contractor to fix my home after a Fire. He installed an HVAC System that the Ins company paid $18,000.00. THE STYSTEM WORKED FOR 3 WEEKS AND NOW THEY HAVE STOPPED ANSWERING MY CALLS. Can I put a lien against HIS Business? If so , whats the name of the LIEN that I need to file. PLease... View More

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

No, there is no lien you can place against a contractor's business in this situation until you have first obtained a judgment in a civil lawsuit against the contractor.

If a new HVAC system was installed in your home, that system likely has a manufacturer's warranty. If the...
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2 Answers | Asked in Contracts and Consumer Law for Texas on
Q: What to do when Solar Company will not remove the panels after falsifying the digital signature on the contract?

I have a property which my 75 yr old mother rents. This past November I noticed that solar panels had been installed on my property with out me knowing or authorizing any of that. Turns out the loan is under my mother's name which she is not the owner, I am also on the loan. By calling the... View More

John Michael Frick
John Michael Frick
answered on Mar 6, 2024

I recommend hiring an attorney in or near the county where the property is located to file a declaratory judgment action pursuant to Chapter 37 of the Texas Civil Practice and Remedies Code seeking a declaration that you are the owner of the property, that the solar panels were installed on your... View More

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2 Answers | Asked in Contracts and Consumer Law for Texas on
Q: What to do when Solar Company will not remove the panels after falsifying the digital signature on the contract?

I have a property which my 75 yr old mother rents. This past November I noticed that solar panels had been installed on my property with out me knowing or authorizing any of that. Turns out the loan is under my mother's name which she is not the owner, I am also on the loan. By calling the... View More

James L. Arrasmith
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answered on Mar 6, 2024

In situations like this, gathering all possible evidence is crucial. You should collect any documents, emails, or communication records related to the solar panels' installation and the loan agreement. It's important to document your mother's lack of authorization and ownership of... View More

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1 Answer | Asked in Contracts for Texas on
Q: If Arbitration clause in contract refers to non-existent "Commercial Arbitration Association" is that clause invalid?

the phrase is - "Federal Arbitration Act in accordance with the Commercial Arbitration Rules and Commercial Arbitration Association". But searching online, I do not see Commercial Arbitration Association for the US, only for Japan. Does that mean I do not need to go through arbitration... View More

John Michael Frick
John Michael Frick
answered on Mar 4, 2024

No, it doesn't invalidate the arbitration clause in its entirety. The court will have to construe the intention of the parties at the time the agreement containing that clause was signed. Clearly, the parties intended to submit any dispute to arbitration. But it is arguably unclear as to... View More

1 Answer | Asked in Contracts, Copyright, Business Law and Employment Law for Texas on
Q: Do I have legal rights to photos and videos taken while working at a company?

For two years I worked at a dog training company. During this time I took photos and videos of the dogs and training for my personal social media, the companies, and for owner updates. When a past employee left the company she was told she wasn’t allowed to keep the images posted to her social... View More

James L. Arrasmith
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answered on Mar 2, 2024

When you create content such as photos and videos while working for a company, the ownership of that content often depends on the terms of your employment and any agreements you might have signed. In the absence of a specific contract regarding media rights, the situation can become complex.... View More

2 Answers | Asked in Contracts, Criminal Law, Tax Law and Traffic Tickets for Texas on
Q: Why do people allow cops to violate their rights to travel freely without being molested by police. I'm not driving

If the supreme Court says I can travel with out a license then I can travel without a license. It's not driving because a driver is on the road to commit commerce. Why do I have to ask permission to do what I have the right to do. License are another tax on traveling.

James L. Arrasmith
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answered on Mar 2, 2024

You raise an interesting point about the right to travel freely. However, the Supreme Court has upheld certain restrictions and regulations on using automobiles on public roads, even if not explicitly for commercial purposes. Some key considerations on this issue:

- The Supreme Court has...
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2 Answers | Asked in Contracts, Criminal Law, Tax Law and Traffic Tickets for Texas on
Q: Why do people allow cops to violate their rights to travel freely without being molested by police. I'm not driving

If the supreme Court says I can travel with out a license then I can travel without a license. It's not driving because a driver is on the road to commit commerce. Why do I have to ask permission to do what I have the right to do. License are another tax on traveling.

John Michael Frick
John Michael Frick
answered on Mar 4, 2024

As long as you are not operating a motor vehicle on a public road, you do not have to ask permission and can freely travel without a license. You can be a passenger in another person's vehicle, or can walk on the side of a public road anywhere you want to go. In that situation, police can... View More

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1 Answer | Asked in Contracts and Employment Law for Texas on
Q: Employment agreement and expert witness work

My contract says I can serve as an expert witness “in a lawsuit, if not related to my employment at **.” Does this mean I’m allowed to expert witness as long as the suit doesn’t specifically relate to my employer or anyone also employed by the same company? OR does it restrict any expert... View More

John Michael Frick
John Michael Frick
answered on Feb 28, 2024

The excerpt of your contract included in your question standing alone could be interpreted either way. A court, construing this language, would consider the entire agreement along with the facts and circumstances existing at the time the agreement was signed, the manifest purpose of the agreement,... View More

1 Answer | Asked in Contracts for Texas on
Q: I want to inject to a notice of proposed action. how do I best proceed in the state of Nevada.

object to notice of proposed action.

miss spelling

John Michael Frick
John Michael Frick
answered on Feb 26, 2024

A notice of objection to proposed action is a form used in some states to object to actions which a personal representative of a decedent's estate is proposing to do, for example, a PR might be proposing to sell real property owned by the decedent to pay certain debts.

You should...
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1 Answer | Asked in Construction Law and Contracts for Texas on
Q: I paid a contractor. He didn't pay a company. Can that company put a lien on my property?

I hired a contractor to do some dirt work on my property. I paid him via checks that all cleared. Now, 5 months later, the dirt company that he bought the dirt from, has sent me a letter saying that he did not pay them the final $1295 that he owed them. They say in their letter that they tried... View More

James L. Arrasmith
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answered on Feb 23, 2024

The company that provided the dirt for your property may have the right to file a lien against your property if they haven't been paid for the materials supplied. However, whether they can actually do so depends on the laws and regulations in your specific jurisdiction. In some cases, lien... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: What does it mean by "no longer have available lease space for the next year"?

I have lived in my current apartment in Texas for about three years. It's been a 12-month renewal for the last two years, but I was offered 11 months this time. They said they couldn't offer a 12-month lease because they no longer have spaces available for more leases for the next year,... View More

John Michael Frick
John Michael Frick
answered on Feb 23, 2024

The phrase "no longer have available lease space for the next year" is not a legal term and has no specific legal meaning.

Many apartment communities that work on a leasing grid want the number of renewals (and therefore number of possible move outs) to be even across every...
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