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The HOA management team approved a residents shed that did not actually meet the deed restrictions and is now using community fees to cover the cost of removing and building a new shed on person’s property. Is this legal?
answered on Jan 2, 2024
In most situations, an HOA's only source of revenue is HOA dues. There is usually no other source to pay for such things.
I signed a contingency agreement with my atty. I can pay his fees with land. Does he have the right to choose what land if it’s not disclosed in the agreement ? My atty has a 40% undivided interest in the recovery
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answered on Dec 17, 2023
In your case, where you've agreed to pay an attorney's fees with land, the specifics of the agreement are key. If the contingency agreement does not specify which sections of land can be used for payment, this can lead to ambiguity and potential disputes.
It is not automatically... View More 
answered on Dec 10, 2023
A Texas attorney should advise, but your question remains open for two weeks. It's an open-ended question with many possible responses, but one possibility is that you have a defense to the enforceability of the contract. Good luck
I have a Discover checking account as well as a Discover CC. In September of this year, I electronically transferred (from the discover website) my rewards from my checking to my CC. This would have paid off my CC before the bill was due. The amount was deducted from my rewards. I received an email... View More
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answered on Nov 22, 2023
It sounds like you may have a valid claim against Discover for breach of contract. Breach of contract is when a party to a contract fails to perform their obligations under the contract. In this case, Discover's contract with you may require them to transfer your rewards to your credit card... View More
Built in 2019, added extra piers to ensure the foundation was good ($5600 extra). House begins to crack on inside and outside. Call builder out, they say it’s normal settling. Ok. It gets worse, fireplace coming off wall, huge cracks outside, no door will stay shut or lock. Builder claims... View More
answered on Nov 27, 2023
It depends upon the terms of your contract, when your claim accrued, and when you discovered--or by exercising reasonable diligence should have discovered--the material facts giving rise to your claim. The date of substantial completion of your home may trigger what is called the "statute of... View More
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answered on Nov 17, 2023
It is important to protect your personal assets from your business. Create a corporation or a limited liability company to use to operate your business. The tax consequences are different depending on which form of business you take. See a professional to get more particular guidance.
I... View More
Two children, 15 years and 13 years old.
answered on Nov 16, 2023
Your ex-husband can "demand" whatever he wants. Remember that a "demand" is simply want he wants. You are under no obligation to agree to anything in mediation. You can say "no."
When it comes to signing a lease with three roommates and one of them wants to use their father that has the same name as their father for the credit report check. What’s the minimum and maximum offense for that?
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answered on Nov 15, 2023
Using another person's identity to pass a credit check is considered identity theft, a serious crime in Texas. The penalties for identity theft vary depending on the severity of the offense, but they can range from a Class C misdemeanor to a first-degree felony.
Here is a breakdown of... View More
My initial interest rates when got in pre construction contract was at 5.6% and know rates have gone up to 7.5% and our monthly payments have jumped up $300+ from when we gone in to contract. We wrote home builders saying that we may be holding off due to high rates, and wait a year or so. Then... View More
answered on Nov 10, 2023
The answer to your question depends on what the Third Party Financing Addendum to your earnest money contract says. Whatever financing option you selected usually has a provision that reads "with interest not to exceed ___ % per annum." The Buyer is usually required to apply for a loan... View More
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answered on Nov 9, 2023
Be careful with Prop 1.
It grants a Constitutional right to landowners to conduct farming and similar activities without regulation from local municipalities. This is different from DEED RESTRICTIONS.
If your property is part of a subdivision, which is restricted by a deed that... View More
answered on Nov 8, 2023
If the amount in a consumer contract is not feasible, I recommend that you not sign the contract and shop around for whatever it is you are trying to purchase. Signing the contract creates a legal obligation. Knowing in advance that you cannot pay the amount set forth in the contract could lift... View More
It was during the pandemic and so they weren’t printing anything. Anyway I have asked for them been ignored and now they are telling me they may not have everything as they dispose of sensitive information. Before doing that nothing was sent. She told me to go call the loan company and they might... View More
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answered on Nov 6, 2023
The title company does not represent you and has almost no duty to you. It is not an attorney that you hire.
You probably need to get recorded instruments at the Courthouse. The lender will probably be of no help, but you should ask them.
If a civil court document states it is filed to a specific Rule of Civil Procedure and said Rule is not applicable to the filing, must a court strike the document upon a litigant moving for the document to be stricken?
answered on Nov 7, 2023
It totally depend upon the specific rule and specific document. In many cases, a special exception may be the appropriate method to raise the issue and, in many cases, any defect can be corrected with an amended filing citing the correct Rule.
On Jan 2021, my wife and I signed an agreement with Beauty Supply Institute, Mableton, GA and we live in Rosenberg, TX. Per the agreement, we would pay $40,000 and after leased a location, BSI would send fixtures and product needed to open our store. We received our fixtures and some of the hair,... View More
answered on Nov 3, 2023
Yes, I do handle cases for breached agreements. If you are seeking an attorney, you need to contact that attorney directly. Justia has attorney listings for attorneys who may answer questions in this "Ask a Lawyer" forum.
While you can get free answers to relatively simple... View More
Scribe Media LLC just filed for bankruptcy. Their assets were previously sold to a second business named Enduring Ventures, which has since been operating under the Scribe Media name. As a client that has not received services paid for under contract with Scribe Media LLC, is this "new"... View More
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answered on Nov 5, 2023
The responsibility of the new entity (Enduring Ventures operating as Scribe Media) to honor contracts from Scribe Media LLC depends on the specifics of the bankruptcy case and the asset purchase agreement. If Enduring Ventures purchased the assets of Scribe Media LLC free and clear of its... View More
Nvf got funded due to my credit score dropping but after the fact of aproval and everthing was ready
answered on Nov 9, 2023
Yes - you should contact a lawyer to understand the details of your case and contract. Are there reasons that funding could be halted that are written in the contract?
I ordered a laptop from Dell and when it was supposedly delivered I opened the door and nothing was there I was told to file a claim with the police by Dell because it was assumed to be stolen. There was no real investigation to my knowledge and Dell marked the case as fraud. The laptop was $800... View More
answered on Nov 9, 2023
did you see if your credit card company has any protections for lost or stolen purchases? Some do.
Bought solar panels on the promise and I have it in writing, that my electric bill from our provider would be 5 dollars and that was just a connection fee, then this summer I was getting 90 and 150 dollars bills, would of never signed a contract if I new the whole truth. Thank you
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answered on Nov 9, 2023
If you have written promises from the solar company that were not fulfilled, you may have grounds for legal action based on misrepresentation. It would be advisable to collect all documentation of the representations made, including any contracts, advertisements, and communications. This evidence... View More
Greetings, I am interested in engaging in a discourse regarding the solar system that has been implemented at my place of residence. I have faced a predicament with the company, as they have made inaccurate assertions pertaining to the financial advantages of the system. Precisely, when entering... View More
answered on Oct 23, 2023
You may find this pending litigation helpful:
https://dockets.justia.com/docket/florida/flsdce/0:2023cv61463/651578
Small claims court never got a response from plaintiff, so I filed the necessary paperwork which was the paperwork for the default hearing. The plaintiff showed up for the default hearing and the judge resets it for a bench trial. my question is why wasn't a default hearing given and why... View More
answered on Oct 9, 2023
A default is usually only granted when a party clearly shows a deliberate intent not to defend or prosecute a case. The plaintiff appearing at your hearing indicates the opposite.
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