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Texas Contracts Questions & Answers
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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1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: Is it lawful for a lawyer to redirect award funds designated for a client to their lawfirm without the client's consent?

Is it lawful (impropriety/appearance of and/or unethical) for a lawyer to redirect award funds from the conclusion of litigation, designated for a client, to their law firm without the client's knowledge or consent? Especially when there are unresolved lawyer's fees, the legitimacy of... View More

John Michael Frick
John Michael Frick
answered on Mar 13, 2024

No. When there is a dispute such as this, the lawyer should hold the disputed funds in the firm's IOLTA (i.e. client trust account) pending a resolution of the dispute and should not redirect those funds into the firm's operating account.

Q: As the Widow of my late husband who has the 52 utility Patents, should I have been told about the patents?

I have hesitated to to say that my late husband and I were in a interracial relationship. I am Black he was Cacausion, when the companies lawyer contact me about signing over the two Patents, do you think the company or their lawyer would have mentioned the other fifty patents to me or not. I found... View More

John Michael Frick
John Michael Frick
answered on Mar 13, 2024

Your husband should have told you about the patents and, upon his death, when his estate was being probated, the personal representative of his estate should have told you about the patents if that person knew about them. Both your husband and the personal representative of his estate likely had... View More

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1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Texas on
Q: PLACING A LIEN AGAINST A CONTRACTORS BUSINESS

I hired a contractor to fix my home after a Fire. He installed an HVAC System that the Ins company paid $18,000.00. THE STYSTEM WORKED FOR 3 WEEKS AND NOW THEY HAVE STOPPED ANSWERING MY CALLS. Can I put a lien against HIS Business? If so , whats the name of the LIEN that I need to file. PLease... View More

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

No, there is no lien you can place against a contractor's business in this situation until you have first obtained a judgment in a civil lawsuit against the contractor.

If a new HVAC system was installed in your home, that system likely has a manufacturer's warranty. If the...
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1 Answer | Asked in Contracts for Texas on
Q: I'd like to know if an NDA I had is enforceable after 3 years.

Guy who I freelanced for online in 2021 emailed me and is wanting to enforce it asking for an up to date email. I haven't broke the NDA, or whatever he's claiming.

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

It depends upon the duration specified in your NDA. In some instances, the NDA provision does not have an expiration date--for example, NDAs concerning a trade secret.

1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: What should my late fee penalty be on a title loan?

If I have a title loan in the state of Texas for the principal amount of $5000 & the amount to renew is $750 every month…& in the contract it states the following: $7.50 or 5% of the scheduled payment amount (whichever amount is greater), for any payment to Lender not paid after the 10th... View More

John Michael Frick
John Michael Frick
answered on Mar 8, 2024

5% of $750.00 is $37.50. This assumes that what you call "the amount to renew" is the same thing as "the scheduled payment amount."

2 Answers | Asked in Contracts and Consumer Law for Texas on
Q: What to do when Solar Company will not remove the panels after falsifying the digital signature on the contract?

I have a property which my 75 yr old mother rents. This past November I noticed that solar panels had been installed on my property with out me knowing or authorizing any of that. Turns out the loan is under my mother's name which she is not the owner, I am also on the loan. By calling the... View More

John Michael Frick
John Michael Frick
answered on Mar 6, 2024

I recommend hiring an attorney in or near the county where the property is located to file a declaratory judgment action pursuant to Chapter 37 of the Texas Civil Practice and Remedies Code seeking a declaration that you are the owner of the property, that the solar panels were installed on your... View More

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1 Answer | Asked in Arbitration / Mediation Law, Business Formation, Business Law and Contracts for Texas on
Q: Hello, Is my sister entitled to all money from a failed joint business venture?

My sister started a business w/her sister but couple months later got upset because it became overwhelming for her, requested to be released from the business, &wants all her money bk.

Tim Akpinar
Tim Akpinar
answered on Mar 19, 2024

A Texas attorney could advise best, but your question remains open for three weeks. It could depend on the terms of the business venture (agreements between the parties) and their conduct. This is a fact-intensive matter. There is no universal cookie-cutter answer. An attorney would need to see how... View More

1 Answer | Asked in Contracts for Texas on
Q: If Arbitration clause in contract refers to non-existent "Commercial Arbitration Association" is that clause invalid?

the phrase is - "Federal Arbitration Act in accordance with the Commercial Arbitration Rules and Commercial Arbitration Association". But searching online, I do not see Commercial Arbitration Association for the US, only for Japan. Does that mean I do not need to go through arbitration... View More

John Michael Frick
John Michael Frick
answered on Mar 4, 2024

No, it doesn't invalidate the arbitration clause in its entirety. The court will have to construe the intention of the parties at the time the agreement containing that clause was signed. Clearly, the parties intended to submit any dispute to arbitration. But it is arguably unclear as to... View More

2 Answers | Asked in Estate Planning, Contracts and Personal Injury for Texas on
Q: I was willed 28.000.000.00 by a man from Canada he sent the electronic draft. I believe officials have with out my autho

Authorization been using my bank draft for public use what should I do

Tim Akpinar
Tim Akpinar
answered on Mar 5, 2024

It's possible this could involve elements of Canada law. But the short answer is to be careful in dealing with business offers, donations, gifts, or bequests from people you don't know. You could review the matter with a Texas attorney to determine its legitimacy. Good luck

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2 Answers | Asked in Contracts, Criminal Law, Tax Law and Traffic Tickets for Texas on
Q: Why do people allow cops to violate their rights to travel freely without being molested by police. I'm not driving

If the supreme Court says I can travel with out a license then I can travel without a license. It's not driving because a driver is on the road to commit commerce. Why do I have to ask permission to do what I have the right to do. License are another tax on traveling.

James L. Arrasmith
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answered on Mar 2, 2024

You raise an interesting point about the right to travel freely. However, the Supreme Court has upheld certain restrictions and regulations on using automobiles on public roads, even if not explicitly for commercial purposes. Some key considerations on this issue:

- The Supreme Court has...
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1 Answer | Asked in Contracts and Employment Law for Texas on
Q: Employment agreement and expert witness work

My contract says I can serve as an expert witness “in a lawsuit, if not related to my employment at **.” Does this mean I’m allowed to expert witness as long as the suit doesn’t specifically relate to my employer or anyone also employed by the same company? OR does it restrict any expert... View More

John Michael Frick
John Michael Frick
answered on Feb 28, 2024

The excerpt of your contract included in your question standing alone could be interpreted either way. A court, construing this language, would consider the entire agreement along with the facts and circumstances existing at the time the agreement was signed, the manifest purpose of the agreement,... View More

1 Answer | Asked in Contracts, Copyright, Business Law and Employment Law for Texas on
Q: Do I have legal rights to photos and videos taken while working at a company?

For two years I worked at a dog training company. During this time I took photos and videos of the dogs and training for my personal social media, the companies, and for owner updates. When a past employee left the company she was told she wasn’t allowed to keep the images posted to her social... View More

James L. Arrasmith
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answered on Mar 2, 2024

When you create content such as photos and videos while working for a company, the ownership of that content often depends on the terms of your employment and any agreements you might have signed. In the absence of a specific contract regarding media rights, the situation can become complex.... View More

1 Answer | Asked in Contracts for Texas on
Q: I want to inject to a notice of proposed action. how do I best proceed in the state of Nevada.

object to notice of proposed action.

miss spelling

John Michael Frick
John Michael Frick
answered on Feb 26, 2024

A notice of objection to proposed action is a form used in some states to object to actions which a personal representative of a decedent's estate is proposing to do, for example, a PR might be proposing to sell real property owned by the decedent to pay certain debts.

You should...
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1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Do I have any recourse if the apartment management will not make any agreement for me to terminate lease early?

We want to purchase a home, and the closing date is 30 days from time of agreement, but rental lease calls for a 60-day notice. Management also will not make any conciliations apart from terms of lease, such as converting to a month-to-month lease rather than a term lease. We need to terminate our... View More

John Michael Frick
John Michael Frick
answered on Feb 23, 2024

If your lease allows subletting and you can find a will subtenant, you may be able to sublease your apartment for the remainder of your lease term.

You may also consider postponing your closing date.

You may also consider short-term leasing of your home such as through VRBO or...
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1 Answer | Asked in Contracts for Texas on
Q: Can I legally ask for follow through on a verbal contract with AT&T?

I just purchased a contract and phone 3 days ago with AT&T.

I clearly stated multiple times the phone model I was trading in, and was told multiple times it would deduct $800 from the phone's cost.

Today I went to hand in my old, factory reset phone and was told by... View More

John Michael Frick
John Michael Frick
answered on Feb 23, 2024

There is no legal prohibition on asking.

You may consider returning your new phone because you only purchased it based on the salesperson's erroneous representation about the promotion. Since the salesperson was mistaken and management does not want to honor his representation, you...
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1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: What does it mean by "no longer have available lease space for the next year"?

I have lived in my current apartment in Texas for about three years. It's been a 12-month renewal for the last two years, but I was offered 11 months this time. They said they couldn't offer a 12-month lease because they no longer have spaces available for more leases for the next year,... View More

John Michael Frick
John Michael Frick
answered on Feb 23, 2024

The phrase "no longer have available lease space for the next year" is not a legal term and has no specific legal meaning.

Many apartment communities that work on a leasing grid want the number of renewals (and therefore number of possible move outs) to be even across every...
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1 Answer | Asked in Contracts for Texas on
Q: I owned a business. I filed a motion for a TRO but the ancillary clerk says the judge won't allow me being the owner to

represent my self. I filed a statement of inability to pay court cost or an appeal bond. What can I do?

John Michael Frick
John Michael Frick
answered on Feb 21, 2024

A business organization such as a limited liability company or corporation can only appear in court through a licensed attorney. If the owner of the business isn't also a licensed attorney, the owner does not have the legal ability to represent the organization in litigation (with very... View More

1 Answer | Asked in Contracts, Family Law, Products Liability and Small Claims for Texas on
Q: My sister will not return her phone

I have a plan with Verizon and my sister is on my account. She hasn’t paid her portion of the bill in a few months, so I have been paying so the service won’t be disconnected. We are both still paying off our phones, it’s about $700 left to pay off per phone. Ive suspended her line but she... View More

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

After paying Verizon, you can sue your sister for the money she owes you in small claims court.

1 Answer | Asked in Construction Law and Contracts for Texas on
Q: I paid a contractor. He didn't pay a company. Can that company put a lien on my property?

I hired a contractor to do some dirt work on my property. I paid him via checks that all cleared. Now, 5 months later, the dirt company that he bought the dirt from, has sent me a letter saying that he did not pay them the final $1295 that he owed them. They say in their letter that they tried... View More

James L. Arrasmith
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answered on Feb 23, 2024

The company that provided the dirt for your property may have the right to file a lien against your property if they haven't been paid for the materials supplied. However, whether they can actually do so depends on the laws and regulations in your specific jurisdiction. In some cases, lien... View More

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