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Texas Contracts Questions & Answers
0 Answers | Asked in Contracts and Divorce for Texas on
Q: Divorced 2019 ex has not paid nor given property can I do anything now to fight for what's on divorce papers?

It's a couple of thousand dollars and sentimental items. Please and thank you.

0 Answers | Asked in Contracts for Texas on
Q: How can home inheritors in Texas get out of a 25 year PPA solar lease? There is no provision in the contract about death

Mother entered into a 25 year solar PPA with Sunrun in July 2020. No lien on home, but with UCC-1 on Sunrun panels. She had Alzheimer's at the time. Mother passed away Oct 2023. The contract includes information about selling the home, but nothing about death or inheritance. I guess this is... View More

1 Answer | Asked in Business Formation, Business Law and Contracts for Texas on
Q: Where do I file a small claim against a corporation headquartered in Ohio but conducts business in Houston, Texas

The Company is Divisions Maintenance Group in Ohio but operates a handyman app that provides a job load board for technicians anywhere in the nation. As we perform maintenance jobs for businesses in our local region, the businesses pay Divisions Maintenance Group for our services, and we get paid... View More

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

In justice court, a suit on an oral or written contract for labor actually performed may be brought in the county and precinct where the labor was performed. TCPRC 15.092. So in the JP court for the precinct where the Sam's Warehouse where you performed the services is located.

1 Answer | Asked in Contracts and Employment Law for Texas on
Q: where do I file a small claims complaint against a company with headquarters in Ohio but conducting business in texas

They have a registered agent address in Ausitn but not houston. The job was performed in Harris County at a Sam's Warehouse but I was never paid

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

In justice court, a suit on an oral or written contract for labor actually performed may be brought in the county and precinct where the labor was performed. TCPRC 15.092.

0 Answers | Asked in Contracts for Texas on
Q: Do I need a lawyer to sell a House-to-be-moved ?

I just want to be rid of the house, but I want things like: someone to put the fence back after the house is moved, cleaning up the lot from any pipes, wires, etc. , and no to hit the brick wall around the cistern which is near the house-to-be-moved.

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

0 Answers | Asked in Contracts, Employment Law, Estate Planning and Probate for Texas on
Q: Do I have to go to probate first in order to see my late husband's employment contract or or employment agreement?

The lawyer I had at the time I spoke to Rockwell Automation about the two Patents, was told my late husband's employment contract or agreement could not be found. Now I realize he actually worked for Insperity Holdings, 2006-2010. If that is the case where did he work the other ten years he... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Do I have a case if we were prematurely moved into an apartment complex and the wiring almost burns down the apartment?

We moved on April the first and was moved to a hotel yesterday due to wiring issues. When we first moved in the apartment had no AC and the breakers were tripping left and right until yesterday. We were told there was an issue with the wiring. The actual electrician let me know that the meters were... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information you've provided, it seems that you may have a potential legal case against the apartment complex. Here are a few reasons why:

1. Habitability: Landlords are required to provide tenants with a habitable living space, which includes functioning electrical systems...
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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, Employment Law, Estate Planning and Banking for Texas on
Q: Statues of limitations where do I send annuity checks that were written 2010?

I called Nationwide Bank to get canceled checks of my annunity checks that were cashed by someone else in June of 2010. The representative at Nationwide bank told me I had to report it to the Department of Labor, I called DOL, I was told they didn't handle this. Can anyone tell me who I can... View More

James L. Arrasmith
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answered on Apr 21, 2024

I apologize for the confusion and difficulties you are facing regarding your annuity checks from 2010. Here are a few steps you can take to address the situation:

1. Contact the annuity provider: Reach out directly to the company that issued the annuity. They should have records of the...
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0 Answers | Asked in Contracts, Admiralty / Maritime and Gov & Administrative Law for Texas on
Q: I being given an unlawful, not supported in policy's that being on parole I have to be home 50% of the time

Which is a loose transition from a policy's that does not pertain to me and they have not given me the policy to back their claims and I have paperwork filed with the Texas courthouse in Llano county stating my right that has yet to be challenged in two + years. The abuse of authority has keep... View More

0 Answers | Asked in Consumer Law and Contracts for Texas on
Q: I paid for a retreat, the cancellation fees are currently 80% of the amount paid

I have found someone to replace my spot at the retreat however the company still wants to charge me an 80% cancellation fee in addition to charging the replacement person the full fee. Can this be considered an unconscionable contract? Can it be enforced?

0 Answers | Asked in Contracts, Real Estate Law, Business Law and Construction Law for Texas on
Q: Looking for experienced Homeowners Association Litigation against a Lot Purchaser in the Subdivision. Recommendations?

The Lot Owner hired a Builder who admitted to installing a Water Well in a prohibited location on the lot and have exceeded their one-year build timeframe. They are Violating the Purchase Agreement, Deed Restrictions and the Sudivision's Dedicatory Instrument known to as the Site Plan. The Lot... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Does anything in the lease override the law of quiet enjoyment?

I live in an apartment building. Above me I can hear babies crying non stop, loud stomping noises, and below there is 3 dogs that bark non stop. It wakes me up every morning at 3 even when I turn on the tv. I told my leasing agent about these ongoing issues multiple times, but nothing is getting... View More

James L. Arrasmith
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answered on Mar 26, 2024

In situations where noise interferes with your quiet enjoyment of your apartment, the lease terms cannot override state laws or local ordinances regarding your right to quiet enjoyment. In Texas, the law of quiet enjoyment is implied in every residential lease, which means that excessive noise that... View More

0 Answers | Asked in Contracts for Texas on
Q: How can I get out of a solar panel contract that I was mislead into ?

I was told the solar panels would replace my electric bill and now I have been stuck paying both. For over a year I have been trying to get out of this contract but the solar company has terrible customer service. I cannot afford this anymore.

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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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

2 Answers | Asked in Land Use & Zoning, Real Estate Law, Contracts and Construction Law for Texas on
Q: What can I file saying that my neighbor agrees to let me put a business sign on their property?

The neighbor is also a business. It's in an unincorporated zone in Llano Tx, so there are no sign permits. The official property lines on the Land Title are like 3-4 ft off so everyone's lot is technically overlapping.

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

Signage easement.

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