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Texas Business Law Questions & Answers
0 Answers | Asked in Energy, Oil and Gas and Business Law for Texas on
Q: I received an oil and gas lease memorandum for Winkler County, Texas, with lease terms and bonus details. Can someone review the lease, check if the bonus is reasonable, and help identify ownership and operators in producing wells?

I received a memorandum of an oil and gas lease for Winkler County, Texas, covering sections 23 to 32, Block 74, totaling 3200 acres. The lease terms are for 3 years with 2 optional years, offering a 1/4 royalty interest and a lease bonus of $100 at a flat rate (0.04166667 nma). I'm learning... View More

0 Answers | Asked in Estate Planning, Energy, Oil and Gas and Business Law for Texas on
Q: How to resolve trust setup issue for oil company and release funds?

I applied for an EIN using Form SS-4 to set up a Revocable Trust for my minor, disabled son, and received the EIN. I then filled out a W-9 form as requested by an oil and gas company in Texas, indicating the trust's name and EIN, and signed as the trustee. However, the company rejected the... View More

Q: Can prior patent assignments to large companies affect Micro Entity status for new IP in Texas?

I own a small product development business and wish to file new intellectual property (IP) as a Micro Entity. I am the chief inventor of record for 18 USPTO and PCT patents that were assigned and owned by companies I previously worked for, including 7 USPTO patents to AK Technology, Inc. in Farmers... View More

James L. Arrasmith
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answered on Apr 27, 2025

The key issue regarding your prior patent assignments concerns the "Application Filing Limit" requirement for Micro Entity status. To qualify as a Micro Entity, an inventor must not be named as an inventor on more than 4 previous patent applications, excluding applications assigned to a... View More

0 Answers | Asked in Consumer Law, Business Law and Mergers & Acquisitions for Texas on
Q: Can I sue a gym that closed unexpectedly and refused a refund after billing?

I recently found out that my gym is closing due to a merger. They informed members of the closure on 4/21, but my annual membership fee was automatically deducted on 4/22. The gym is not offering any refunds, although they allowed me to cancel my membership. I contacted them about a refund, but... View More

2 Answers | Asked in Business Law, Bankruptcy, Consumer Law, Civil Litigation and Criminal Law for Texas on
Q: Fraudulent business sale with false documents and utility theft in Texas.

I purchased a business for $995,000 with the understanding, based on the seller's documentation, that the two stores involved grossed $16,000 a week in total. After the purchase, I discovered that the true gross is only about $5,200 a week and that the seller provided false documents during... View More

Timothy Denison
Timothy Denison
answered on Apr 18, 2025

Contact law enforcement immediately and then hire an attorney to sue him for fraud.

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1 Answer | Asked in Energy, Oil and Gas and Business Law for Texas on
Q: Is my Winkler County oil and gas lease offer reasonable?

I received an oil and gas lease offer for a property located in Winkler County, covering approximately 3200 acres. The lease terms include a bonus offer of $100 per mineral acre, with a calculation of 0.4356 net of mineral, and a lease term of 3 years plus an option for 2 renewals. My previous... View More

Aimee Hess
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Aimee Hess
answered on Apr 18, 2025

An attorney will have to investigate bonus and royalty rates for other leases in the area in order to tell you if these terms are reasonable. In addition, the fine print in the lease must be reviewed since it is equally important. You can use Justia, findlaw.com or the Texas Bar Lawyer Referral... View More

1 Answer | Asked in Trademark, Business Formation, Intellectual Property and Business Law for Texas on
Q: Can I use "Skywalker Detailing" as a business name in Texas?

I want to use the name "Skywalker Detailing" for my business in Texas. The term "Skywalker" is trademarked by Disney, but my business is not related to film or entertainment. I have not checked the name availability with the Texas Secretary of State. Can I proceed with using this name?

James L. Arrasmith
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answered on Apr 27, 2025

Using "Skywalker Detailing" for your Texas business presents significant legal risks due to Disney's ownership of the "Skywalker" trademark. Disney actively protects its intellectual property rights for Star Wars characters, including Luke Skywalker, and has been involved... View More

0 Answers | Asked in Energy, Oil and Gas and Business Law for Texas on
Q: Was overpayment resolved before asset transfer due to decimal interest changes?

My last royalty check from an oil and gas company in Texas, which sold its assets to a new company, reflects changes in decimal interest. These adjustments appeared before the asset transfer and overpayment occurred in 2021. Does this imply that the overpayment issue was resolved prior to the... View More

1 Answer | Asked in Energy, Oil and Gas, Tax Law and Business Law for Texas on
Q: Overpayment of royalties by oil and gas company in Texas with 1099-MISC discrepancies and recoupment process questions.

I am a royalty owner concerning an oil and gas company in Texas. I suspect there has been an overpayment on my royalties, but the company has not responded to my inquiries about this. I have noticed a discrepancy in the 1099-MISC, which shows a higher excess of taxes deduction based on the total... View More

James L. Arrasmith
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answered on Apr 16, 2025

You have the right to be fully informed about any royalty overpayments and the method the oil and gas company intends to use for recoupment. In Texas, oil and gas companies must account to royalty owners with a duty of transparency and accuracy. If there has been an overpayment, the company is... View More

1 Answer | Asked in Energy, Oil and Gas, Tax Law and Business Law for Texas on
Q: How are mineral rights overpayments handled in Texas?

I received a detailed payments report from an oil and gas company in Texas, showing a significant sum of mineral rights royalties cleared. These royalties seem to include an overpayment issue, which arose after the original oil and gas company sold its assets to a new buyer. I need to know whether... View More

James L. Arrasmith
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answered on Apr 16, 2025

You won’t just lose that overpaid amount—the right to recoup it travels with the leases when the original company sold its assets. The buyer you’re now dealing with stepped into the prior operator’s shoes and can reclaim any overpayments by deducting them from your future royalty checks or... View More

1 Answer | Asked in Business Law, Employment Law and Gov & Administrative Law for Texas on
Q: Am I entitled to vacation pay if terminated before my anniversary date?

I worked for a government vehicle maintenance contractor, Gemini Government Services. My employment was terminated 10 days before my hire anniversary date due to the contract not being funded by the government anymore. We were awarded 2 weeks of vacation on the hire anniversary date, but no... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you're in a challenging situation, especially with the termination occurring just before your anniversary date. Even though you didn’t receive a written agreement or handbook, the fact that you were awarded two weeks of vacation upon your hire anniversary indicates that there... View More

1 Answer | Asked in Energy, Oil and Gas, Business Law and Real Estate Law for Texas on
Q: Need guidance on selling donated oil wells in Texas for a Florida church.

I represent a small church in Florida that was given two (possibly three) oil wells in Harrison County, Texas, as a donation. We are looking to dispose of these wells but have encountered difficulties. Every attorney we contact in Texas says they cannot assist because they don't handle such... View More

James L. Arrasmith
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answered on Apr 12, 2025

Selling oil wells in Texas can be a complex process, especially when dealing with a donation, and it sounds like you've already encountered some challenges. The first step is to confirm the full details of the donation, including any rights or restrictions that may come with it. If the wells... View More

2 Answers | Asked in Landlord - Tenant, Civil Litigation, Business Law and Real Estate Law for Texas on
Q: Seeking legal guidance on property management negligence causing $20,000 loss.

I own a rental property in Texas, and my property management company was negligent in screening tenants and maintaining the property. The tenant who signed the lease allowed multiple families to live in the house. Despite repeated complaints and monthly HOA violations, the management company failed... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2025

The success of your case will turn heavily on the language of your agreement with your property management company and the particular facts and circumstances of your case. You will need to prove how the management company knew or should have know that the tenant who signed the lease was likely to... View More

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1 Answer | Asked in Business Law and Insurance Defense for Texas on
Q: Steps to resolve stalling after TDI-approved carrier appointment.

I received an agent carrier appointment, approved by the Texas Department of Insurance (TDI), which I understood to be final. However, my inside sales team is not allowing me to write new business because another agent made a complaint regarding an Agent of Record (AOR) on a policy that my agency... View More

James L. Arrasmith
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answered on Apr 13, 2025

This situation sounds frustrating, especially after receiving TDI approval, which should have confirmed your authority to write business. The first thing you should do is organize and secure all relevant documentation—emails, the original referral details, your appointment confirmation from TDI,... View More

2 Answers | Asked in Divorce, Business Law, Contracts and Family Law for Texas on
Q: Credit union refuses divorce decree, loan in ex-husband's name for awarded vehicle. Can I return it?

I was awarded a vehicle in my divorce, but the credit union refuses to acknowledge the divorce decree, stating the loan and title remain in my ex-husband’s name. They will not allow refinancing in my name, affecting my ability to register the vehicle. I’ve considered returning the vehicle to... View More

John Michael Frick
John Michael Frick
answered on Apr 3, 2025

If the loan is solely in your ex-husband's name and the divorce court did not order to pay the loan and to hold your husband harmless from any failure to pay the loan, then your ex-husband remains liable on the loan. In addition, the vehicle remains collateral for the repayment of the loan.... View More

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2 Answers | Asked in Contracts and Business Law for Texas on
Q: How should I handle contract termination due to unexpected cost increases and client requests?

I had a contract to build 15 straight stairs using white oak materials. The client originally agreed to this, but the cost of white oak increased unexpectedly right before purchasing the materials. Despite this, I decided to honor the original estimate and start the project, even though it was... View More

John Michael Frick
John Michael Frick
answered on Apr 2, 2025

You cannot terminate the contract due to the increased cost of materials unless the contract language expressly gives you that right.

You also cannot terminate the original contract due to requests from your customer for additional work, although you are not required to agree to the...
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1 Answer | Asked in Contracts and Business Law for Texas on
Q: Can I pursue payment from Inquirly despite not disclosing ServiceDirect use?

I own a performance marketing agency registered in Nigeria and work as an affiliate for the affiliate network Inquirly. I generate inbound phone calls for them, using a third-party lead generation service called ServiceDirect, about which Inquirly was initially unaware. Recently, ServiceDirect... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s a difficult position to be in, especially when the work has already been done and you're now being denied payment. If your contract with Inquirly clearly states that you are to be paid for "eligible leads," and you delivered those leads according to their criteria, then you... View More

Q: Can non-U.S. residents wholesale real estate in Texas and receive assignment fees abroad?

I live abroad and I'm interested in wholesaling real estate in Texas. Is it possible for non-U.S. residents to engage in this business? What kind of paperwork or legal requirements should I be aware of? Additionally, there may be situations where I enter into joint ventures (JVs) with other... View More

John Cucci Jr.
John Cucci Jr.
answered on Apr 1, 2025

Most non-US citizens can buy and sell land and otherwise speculate on the same. However, if you are a Chinese National, or are from a "Terrorist State" country, that type of business is NOT available for you in Texas.

The key is to manage your properties and taxes correctly. Get...
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1 Answer | Asked in Landlord - Tenant, Business Law, Contracts and Real Estate Law for Texas on
Q: Can I charge my property management company in TX part of the repainting fee due to communication failure with tenants?

I am a landlord in Leander, TX, and my tenants repainted the house poorly against my requests and their own raised standards. Although I communicated these requests to the property management company, they failed to provide proof of communication to the tenants. There's no contract clause... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s a frustrating situation, especially when you relied on the property management company to act on your behalf and prevent exactly this kind of issue. In Texas, a property management company has a duty to follow your instructions and communicate with tenants according to your agreement. Even... View More

2 Answers | Asked in Employment Law, Mergers & Acquisitions, Contracts and Business Law for Texas on
Q: Are the new company owners obligated to uphold my truck allowance agreement after a merger?

I work for a company that recently merged with another company. Three years ago, I signed an employee agreement that provides a weekly truck allowance, maintenance costs, and a fuel card for using my personal vehicle for work. The company taking over is attempting to remove these benefits without... View More

John Michael Frick
John Michael Frick
answered on Mar 31, 2025

The parties almost always can modify a previous agreement if they both mutually agree to the modification. If the parties do not agree, it depends upon what the original agreement provides whether one party can unilaterally modify the agreement. If there is nothing that gives the company the... View More

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