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Texas Contracts Questions & Answers
1 Answer | Asked in Agricultural Law, Contracts, Land Use & Zoning and Real Estate Law for Texas on
Q: Questions about tresspassing brother n law from estate property. I am executor of both owners (dad and gmaw)

So, basically, my brother n law signed a very suspect and immoral farm lease from my grandmother, on her death bed, (20yr). But the lease is very vague, I had a lawyer send him a demand letter to stop trying to farm our properties because his lease isn't valid. Soon after he worked up ground... Read more »

John Cucci Jr.
John Cucci Jr. PRO label
answered on Mar 20, 2023

You are in a tough spot.

In order for you to get clarity and satisfaction over the use of the property, it seems like you will need to go to a District Court or the Probate Court that has had jurisdiction over the properties.

As part of the case(s) or causes of action, you will need...
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1 Answer | Asked in Contracts for Texas on
Q: I need a probono lawyer,can you suggest one.

I was receiving life saving medicine for my liver.The insurance was cancelled on my last month of medicine.And I never could receive my last month.

John Michael Frick
John Michael Frick
answered on Mar 16, 2023

The Texas State Law Library provides this list of legal aid clinics around the state that offer pro bono and reduced rate lawyers:

https://guides.sll.texas.gov/legal-clinics/north-texas

Most lawyers only offer pro bono services thru such legal aid organizations because the...
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1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: Can I legally cancel a subscription to an online PT with a 3 month commitment b4 1 month is over? I hate her services.

I agreed to work with a personal trainer, who sent me a form and told me to sign it while on call, within minutes. It was $500/month with a 3 month commitment. I misunderstood her explanation to mean I could pay 500/month and cancel anytime. After 3 weeks with her, I've realized that her... Read more »

Jacob Rheaume
Jacob Rheaume PRO label
answered on Mar 16, 2023

Without reading all the terms of service, my gut instinct is as follows:

The unpaid commitment ($1,000) will likely still be assessed as a termination fee, meaning you're free to cancel now but she will still collect one way or another.

If you want to maintain the liquidity, I...
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0 Answers | Asked in Contracts for Texas on
Q: I believe that I was misrepresented on my loan with American Credit Acceptance, I owe over 10.000 and value is 3,000?

I paid 13,000 with a down payment of 1,300 and I got this car in 2021 at a payment of 324 per month, is this misrepresentation or not? The car is clearly not worth what it is sold for.

1 Answer | Asked in Bankruptcy and Contracts for Texas on
Q: What can I do if my solar installer promise 91% coverage of my prior utility bill and it is only covering about 35%

The solar contractor has since gone out of business and has filed bankruptcy.

John Michael Frick
John Michael Frick
answered on Mar 14, 2023

The company that has filed bankruptcy and is now out of business is no longer a viable defendant.

You might consider looking at the solar panel manufacturer to determine if the installers were simply repeating a representation previously made by the mfr.

2 Answers | Asked in Contracts and Energy, Oil and Gas for Texas on
Q: I signed solar panel purchase and installation agreement that has a couple issues and want to see if it's still binding

The first issue is that the agreement does not include my full first name, Stephen. The agreement has Steve as my first name. I assume this does not matter and the agreement is still valid, but could you please confirm? The 2nd issue is the "Design Services" Article states: American... Read more »

Jacob Rheaume
Jacob Rheaume PRO label
answered on Mar 14, 2023

First question:

The Steve v. Stephen distinction is not likely to matter, especially if you signed the Agreement already. Your signature will be indicia that you understood who they were referencing by calling you "Steve" (i.e., you wouldn't have signed if it called you...
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1 Answer | Asked in Contracts for Texas on
Q: Is this a legal document if it hasn’t been signed by the company providing it

I signed a quote but the company didn’t. It has a place for signatures and initials on another page for a discount price. I didn’t sign or initial that because I chose not to do that part of the deal. Can they hold me to that part too?

John Michael Frick
John Michael Frick
answered on Mar 13, 2023

It may be. The question is whether there was a meeting of the minds on the essential terms of the contract.

A signature is evidence that there was a meeting of the minds and can be dispositive. The lack of a signature is evidence that there wasn't, but isn't necessarily...
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1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Native American Law for Texas on
Q: Hello I'm looking for an attorney that I will assist me in fighting back a predatory lender tribal law attorney.

Can you please gave someone to call me 832.326.6476 I took out a loan for 1500 and now I'm paying 7000 back ridiculous. Any help you can give would be appreciated. It has to be illegal in Texas. How do I fight these people and not have my credit score or be legally sued. Can you assist me in... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 16, 2023

You may also want to contact the National Association of Consumer Advocates, which is an organization of attorneys and consumer advocates who specialize in protecting the rights of consumers against unfair or abusive lending practices. Their website is https://www.consumeradvocates.org/

1 Answer | Asked in Contracts and Elder Law for Texas on
Q: How can I get out of enrolling in life insurance that I don't want after the initial payment has come out of my savings

I spoke with the financial planner about long term care insurance. When he called to tell me I had been approved and he got my bank info, he said the initial payment was $1650. I told him I couldn't afford that much per month, especially since I had not seen any details and had not agreed to... Read more »

John Michael Frick
John Michael Frick
answered on Mar 9, 2023

Run.

First of all, a financial advisor who is a fiduciary DOES NOT SELL YOU FINANCIAL PRODUCTS! He advises you what types of financial investments you ought to make, but never ever sells you products. He is only selling his expertise and advice.

Second, long term care insurance...
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1 Answer | Asked in Business Law, Energy, Oil and Gas and Contracts for Texas on
Q: Can I sue based on Liberty's actions: I had a gas lease agreement to which liberty Utilities fails to provide any notice

Liberty Utilities fails to provide any notices within a 24 hour time of notice when they appear to vacate property without any such work. This company has continued to breach our agreement concerning no kind of notices within a 24 hour period before coming on the property. They refused to make... Read more »

Aimee Hess
PREMIUM
Aimee Hess
answered on Mar 8, 2023

I assume that since you reference a utility company that the agreement you have with them is an easement. It's unusual for a utility easement to require advance notice to the land owner to come on vacant land to do work, and especially if the utility believes the work may be needed for a... Read more »

2 Answers | Asked in Contracts, Civil Litigation and Employment Law for Texas on
Q: Hello, A company hired me to be a salesman. They put me through two weeks of training. Now wont hire me because of back

back ground check. I drove 100 miles each day for 2 weeks. Also they made me file for an LLC which was $150 and go on ride alongs with other salesman and I spent over $200 in gas. They owe me around $1500 and will not pay because I failed the background check. I believe since they put me through... Read more »

John Michael Frick
John Michael Frick
answered on Mar 7, 2023

It depends on the terms of your employment agreement and the reason you failed its background check.

If your employment offer was not conditioned on you successfully passing their background check and a background check is not required by some law or regulation governing your occupation,...
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1 Answer | Asked in Contracts for Texas on
Q: Myspace deleted all my photos without my consent, is there anything i can do about this?

photos are from my deployment in Iraq and are verry important to me.

John Michael Frick
John Michael Frick
answered on Mar 5, 2023

I would start with the Wayback Machine. It is a site that periodically records the contents of other websites. See if it has a past record of your MySpace page as it appeared when your photos were on your wall.

0 Answers | Asked in Contracts for Texas on
Q: Is there a rescind period for a contract purchasing Global Exchange Vacation Club in Texas?

I signed a contract to purchase a Global Exchange Vacation Club membership yesterday. Now, I am regretting doing so. Do I have a rescind period in Texas to cancel this?

0 Answers | Asked in Civil Litigation, Consumer Law and Contracts for Texas on
Q: Can I be held liable for taking a credit card payment on behalf of my employer?

Without giving too much detail, my employer is going to have us begin taking credit card payments over the phone using square. Basically inputing the credit card numbers into square as the client reads them out to us. A couple of my coworkers are concerned that they could personally be taken to... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: We signed into a new home contract, gave ernest money of $1000 and didnt get approved by bank. who does $ go to? In TX

Seller agent says the money goes to them because buyer is terminating the contract. We didnt terminate, the bank just denied us. Its the TREC form.

John Michael Frick
John Michael Frick
answered on Feb 24, 2023

If your purchase of the property was contingent on you getting third party financing (for example, from a mortgage company), your TREC earnest money contract should include the Third Party Financing Addendum.

Paragraph 2 has optional boxes to check concerning what happens to the earnest...
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1 Answer | Asked in Contracts for Texas on
Q: Can a pest control company in Texas make a consumer sign a contract to perform services for a year.

Pest control company did not comply with what they promised and refusing to let consumer out of contract because of the 3 day right of refusal.

John Michael Frick
John Michael Frick
answered on Feb 24, 2023

One year pest control contracts are legal and are common.

If the contract was solicited by a door-to-door salesperson, the three-day rescission rule applies. See linked article for how that rule operates: https://texaslawhelp.org/article/the-3-day-right-to-cancel-a-purchase

Your...
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1 Answer | Asked in Civil Litigation, Contracts and Civil Rights for Texas on
Q: My Brother encouraged me and my wife to join into his phone contract with Verizon, along with 4 others.

In order to reduce cell phone charges by having 5 or more devices on one bill. 20 months later we find out that he has been monitoring all of our calls, text messages, and tracking our daily movements. Is this legal? Is he responsible for our reasonable expectation of privacy that has been... Read more »

John Michael Frick
John Michael Frick
answered on Feb 23, 2023

It depends.

A cell phone account holder commonly has access to information concerning the usage of the cell phones on that account. That enables the account holder to monitor each device’s usage for unauthorized activity.

Smart devices can share their location with others...
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1 Answer | Asked in Contracts and Energy, Oil and Gas for Texas on
Q: I am entering into a oil and gas lease with a company CNX and myself and 6 other heirs are being 15 percent royalties..

I am entering into a oil and gas lease with a company CNX and myself and 6 other heirs are being 15 percent royalties whay other things do i need to ask.. the well has apprently been operating with out notfiying heirs and is just now trying to remedy it?

Aimee Hess
PREMIUM
Aimee Hess
answered on Feb 17, 2023

You should always have an oil and gas attorney review a lease before you sign it. The lease the landman offers you is almost always in favor of the oil company and unfair to the mineral owner.

Whether the company owes you past royalties or not depends on whether your mineral interest shows...
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