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Questions Answered by Ricardo Guerra
1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: Texas shared well agreement.

We are financing our home through an estate trust. The deceased previous owner signed a shared well agreement with the previously owned neighbors lot. Under this agreement the neighbors have to pay a monthly fee for water and share in any repair bills for the well. It also says if the neighbors... View More

Ricardo Guerra
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Ricardo Guerra
answered on Nov 13, 2020

If a contract pertains to the use of land it is possible that the contract 'runs with the land' and therefore passes on to subsequent owners. However this is not automatic and will depend on the language within the contract and the intent of the original parties. The one thing that can... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: No contract for home that I’m buying from a friend . Lived here for over 10 yrs and now I found out he sold months who.

Bought house from friend for $95k with 9% interest!!! Monthly payments $980. Lived here for 13 yrs. I have made repairs to home , he has made insurance claims and collected checks but only repaired some things. Told him we wanted to sale so he offered us $30k to walk away that’s after deducting... View More

Ricardo Guerra
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Ricardo Guerra
answered on Sep 14, 2020

Generally in Texas a sale of real property must be in writing to comply with what is called the statute of frauds. The statute of frauds is a long standing tradition stemming from old common law that protects against verbal allegations when it comes to certain types of legal transactions. This... View More

2 Answers | Asked in Real Estate Law for Texas on
Q: what type of Lawyer do I need if I want to file a partition suit on common-law community properties.

Lived together from 1967 to 1976 as Mr. and Mrs. Albert B. Prado. He fathered 3 children with me and have Birth certificates with his name as father. we bought two properties during that time and they are listed under both our names. He is ill, and he has sent me a certified letter with quick... View More

Ricardo Guerra
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Ricardo Guerra
answered on Sep 10, 2020

In addition to Mr. Davis' response, it is more important to find a good real estate litigator. Real estate matters fall into one of two categorizes: Transactional and Litigation

A partition suit requires a unique skill-set, with experience in BOTH, litigation and transactional....
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