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Questions Answered by Teri A. Walter
1 Answer | Asked in Real Estate Law for Texas on
Q: As a seller, am I permitted to take my personal property such as tv brackets, shelves, curtain rods, hooks etc.

There is no non realty adendum and I was told I could take anything not attached to the house but the buyers atty is saying I cannot take the stove. My agent no longer responds to me

Teri A. Walter
Teri A. Walter
answered on Apr 8, 2021

If it's permanently attached to the house, it's a fixture - meaning it's a part of the real estate - and should not be removed without an agreement to do so. The appliances are typically not permanently attached, but just plugged in, and are therefore personal property that can be... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: Am I personally liable while working as an assistant to a property manager? What kind of lawyer should I consult?

I am working on the side for an out-of-state real estate investor for the past couple of months. He uses an LLC for all his properties. I do some admin work and showings for tenants.

A new tenant asked for a pic of my ID bc she was worried about scams. I covered up everything except my name... View More

Teri A. Walter
Teri A. Walter
answered on Apr 8, 2021

You will always have personal liability for your own actions, no matter what agreements may be in place, and regardless of whether you are an employee or independent contractor. The landlord will also be liable for your actions taken as their agent, regardless of what agreement may exist between... View More

2 Answers | Asked in Real Estate Law for Texas on
Q: I live near a property where the women who lived there passed away in August 2019. What happens if no one claims it?

She had no spouse, parents, siblings, or children. She does have 7 nephews/nieces. I want to get this property sold as I'm working on cleaning up my neighborhood. What can I do? Contact the nephew? What then? I know probate can take a while, but I don't think the extended family knows... View More

Teri A. Walter
Teri A. Walter
answered on Apr 8, 2021

Contact one of the heirs and let them know about the situation. They may want to sell or to use the property themselves, and will need to start a probate proceeding to be able to transfer title.

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1 Answer | Asked in Uncategorized for Texas on
Q: I have been banned from the apartment complex where I worked for a resident. Is this legal.

my vehicle was towed and then the management falsely accused me of making a racial slur.

Teri A. Walter
Teri A. Walter
answered on Apr 8, 2021

Yes, it's legal for private property owners to tell you that you're not permitted to be there, or to return.

2 Answers | Asked in Contracts and Real Estate Law for Texas on
Q: After signing the purchase contract for a new home the seller is now asking for about 50k more, Is this legal to do?
Teri A. Walter
Teri A. Walter
answered on Apr 8, 2021

It's perfectly OK to ask, and it's also perfectly OK for you to say no.

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1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Do I still have to give notice if i’m in between leases right now?

my lease expired on march 23rd 2021. Originally I had given a 30 day notice (what’s required per my lease) and was planning on moving to a new complex, but decided to retract my notice and just transfer units (switch from 1 to 2 bed). I have been waiting for over a month for my transfer request... View More

Teri A. Walter
Teri A. Walter
answered on Apr 7, 2021

Your old lease expired, and you haven't signed a new one. For most leases, this means you're a month to month tenant. Check your lease to be sure. If that's the case, you must give a 30 day notice to terminate the lease.

1 Answer | Asked in Small Claims for Texas on
Q: If unmarried couple split who filed joint income tax together and one gets stimulus check can other sue for some money

In a civil court or is it just too bad until they refile their tax status

Teri A. Walter
Teri A. Walter
answered on Apr 6, 2021

I don't know of any grounds for claiming half of someone else's stimulus check. But then, I also don't know of any grounds to file taxes jointly if you're not married, either.

2 Answers | Asked in Bankruptcy for Texas on
Q: I received a summons to appear in court because I am being sued due to failure to pay a debt.

I found out this was from years ago, and am I believe my ex wife opened the credit card and I was unaware of it. I gave an answer to the court and am now awaiting whatever comes next, not sure if I need to secure an attorney for an anticipated court date. ANy guidance and advice would be... View More

Teri A. Walter
Teri A. Walter
answered on Apr 6, 2021

You may have a number of defenses - I'd start by looking at who signed the credit card agreement, and checking how old the debt is. What's next depends on where the case is filed. If it's in the Justice of the Peace court, a trial date will be next. If it's in County or... View More

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1 Answer | Asked in Family Law for Texas on
Q: My mom is almost 80 and her memory is deteriorating. How can I get a POA?
Teri A. Walter
Teri A. Walter
answered on Apr 5, 2021

While your mother is lucid, you can have her sign the Power of Attorney form in front of a notary. The Texas form can be found here:

https://hhs.texas.gov/laws-regulations/forms/miscellaneous/sdpoa-statutory-durable-power-attorney

Be sure to read the instructions to know how to...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: my landlord has given me until midnight to get out while cdc has been exstended through june and she has never filed ev

my landlord has never filed evection on me and also the cdc evection ban has been exstended through june. I have gotten rental assistance for ny past due rent, but she has given me until midnight to get my things out of my home. I have no where to go. what should I do?

Teri A. Walter
Teri A. Walter
answered on Apr 5, 2021

The CDC's order is not absolute - it only limits evictions for non-payment of rent. Your landlord can still evict for other lease violations, and if you have a month to month tenancy, the landlord can terminate the lease, and then evict. Without knowing the basis of the eviction, no one can... View More

1 Answer | Asked in Divorce and Civil Rights for Texas on
Q: Got divorced in 2019,gave ex. special warranty deed to transfer land into his name, he has not done that.

he has not paid the taxes on the land and it is still 100% in my name as owner, Is there a limitation on getting it transferred, do I get to keep the land if I pay the taxes, to use as collateral or sale.

Teri A. Walter
Teri A. Walter
answered on Apr 2, 2021

Presumably the divorce decree awarded the property to him, and then by signing the Special Warranty Deed you have confirmed that grant to him. Therefore, the property no longer in your name, no matter who the tax bills are going to.

If you want it back, you could buy it back a the tax...
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1 Answer | Asked in Real Estate Law for Texas on
Q: What are my options, if after purchasing a home, I discovered that it was never titled to me?

I purchased from a company that owner finances homes and the home is still titled to the previous owner 5 years later.

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

Your rights depend on the contract you signed. I've seen these deals done with standard TREC forms, which requires that the buyer get a warranty deed, and I know they're sometimes done on different terms, such as a contract for deed, or what is is now being called a "subject... View More

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: No will. Father died & Step-mother living in home. Children due $ upon home sell. Home repairs at the expense of who?

Do the Children have to pay upfront for home repairs prior to sell of home? What if the home never sells.

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

No, there's no requirement for the children to pay for step-mom's home repairs.

If the property was your father's separate property, the children inherit it, subject to the surviving spouse's life estate. (Meaning she has the right to use the property during her...
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1 Answer | Asked in Real Estate Law for Texas on
Q: I’m a consumer selling my house and am under contract for a cash offer which gave 8,000 discount for cash.

After signing they switched to financing. I’ve lost 8,000 and feel so deceived. Is this legal?

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

Yes, it's legal, and I understand that you're upset because you gave them a discount. However, you haven't actually been harmed.

The purpose of the discount is so that you don't have to take a risk that they won't be approved for financing for some reason. You...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Where in the sales contract does it explain about a real estate appraiser?
Teri A. Walter
Teri A. Walter
answered on Apr 1, 2021

Typically, it doesn't. However, most sales contracts are made contingent on financing, and the lender will need an appraisal that will support the loan.

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: told a friend that my credit score is above 700 and he said he can get us a $2 million loan. What actions should I take

He's into real estate but I'm new wanting to start buying properties. What actions can I take to make sure I'm covered on my part that way everything does not fall on me?

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

The most important thing is to get a lawyer to review every part of this deal before you do it, and I'd be suspicious from the start. It's telling that he can get "us" a $2 million loan. Sounds like trouble already, because he's using your credit to do his business. This... View More

2 Answers | Asked in Real Estate Law for Texas on
Q: i need help with finding out how i was removed off a property deed without my permission. now my sister sold the proper

i been living at for 30 some years. she told my girlfriend that she was glad she got me removed somehow. can she sell the property and is the property deed legal. now i been here and have a little family business on the property as well. is my sister in the right for selling and removing my name

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

Unfortunately, no matter how long you've stayed on a property, without more, it isn't yours.

You need to take all your facts to a lawyer for review, and the most important one is any deed in your name. If you had title, and your sister forged a deed, or deeded the property to...
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1 Answer | Asked in Family Law for Texas on
Q: Six weeks pregnant and the father wants nothing to do with us.

Hello, the father of my unborn child (we are not married) has made it very clear, via texts and verbally that he doesn't want to be involved in his child's life and wants nothing to do with me. I also was waiting for my divorce to be finalized so now that is delayed since my husband is... View More

Teri A. Walter
Teri A. Walter
answered on Mar 24, 2021

Yes, bio dad will have parental rights unless they're terminated. He'll also have a support obligation - if that's worth anything. Just like your divorce can't be finalized until after the child is born, bio dad's parental rights can't be terminated until then,... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: What are the legal requirements for a landlord to provide vacancy documents after a lease has ended?

On December 30th, my roommate and I informed the office of Mission Hills apartments that we would be moving out of the apartment at the end of the lease, which was set for March 23rd. An email, without my knowledge, was sent to me on January 23rd of the document that was needed to be signed in... View More

Teri A. Walter
Teri A. Walter
answered on Mar 24, 2021

If the landlord is terminating the lease, they're required to give you notice in the time and form provided by the lease. If you're terminating the lease, you are required to give notice in the time and form required by the lease.

Without reviewing the lease and the notice...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Is the following sentence ok in a residential lease? As is from the contract we have to sign. Is the run on sentence ok

House shall be returned in the same condition with normal wear and tear if any as provided including professional cleaning and steam cleaning of the carpets before vacating the property.

Teri A. Walter
Teri A. Walter
answered on Mar 24, 2021

Well, it's badly worded, but it sounds like they expect the tenant to have the place professionally cleaned and the carpets steam cleaned. Nothing really wrong with it.

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