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Texas Real Estate Law Questions & Answers
0 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Texas on
Q: i want to get out of my lease legally and want to know if there’s anything that can be done

i’ve documented since my initial move in april every occurrence that has happened on the property (i’ve had my car broken into and vandalized, loud parties that were not shut down despite code on a near bi weekly occurrence, maintenance failures, this weekend i had no electricity and had to... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Our builder gave us less than a week to notify us of a 24 day delay in closing. Can a builder forever delay a home?

After contracting with Meritage in early March, we have been given 6 closing dates. Delays ranged from 4-45 days with a few months of notice to most recently not even a week's notice for a 24 day delay for our current closing date.

Meritage did not even give us a week to do the... Read more »

John Michael Frick
John Michael Frick
answered on Oct 3, 2022

Building contracts are often subject to delays. Everything from government inspections to the weather can create a delay in even a simple single-family dwelling building contract. Currently, lingering supply chain issues initially caused by the global COVID-19 pandemic are causing delays in many... Read more »

2 Answers | Asked in Real Estate Law for Texas on
Q: In small claims court can i recover for my time, lets say I fixed a damaged item myself?

Plus, if it never was repaired, am I still entitled to the cost of what it would have cost to repair the damaged item.

John Michael Frick
John Michael Frick
answered on Oct 3, 2022

The law allows you to recover the reasonable "cost of repair" for property negligently or intentionally damaged by another person, regardless of who repairs it and regardless of whether it is repaired.

For example, it is not uncommon in an older automobile that the cost of...
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0 Answers | Asked in Real Estate Law and Small Claims for Texas on
Q: can they file with small claims over a copy of our survey/fence/prop line of a prop they don't own?

Context: a crazy, old woman has been harassing us about a fence the builders put in years ago when we bought the prop. Insurance and survey didn't have issues with it when it was sold and the original neighbors didnt have an issue with it. A few years go by and they decide to sell. The next... Read more »

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: I am having a problem with a home owner breeching a contract

We are under contract and the property managers are trying to put our belongings on the curb tomorrow morning at 9 am.

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: My Mother passed away with no Will. She and my Dad were both on the mortgage for their home. My Dad is selling the home.

Realtor said my siblings and I are considered having ownership in the home so all must sign to sell the house. Is this correct? If so, does that mean we also have to pay tax on the sale? We are not receiving the proceeds, only my Dad.

John Michael Frick
John Michael Frick
answered on Sep 26, 2022

When your mom died without a will, part of her estate including the home passed to you and your siblings.

In the current market, you {may} have to pay capital gains tax on your share of a portion of the proceeds. You do not have to pay capital gains tax on the value of the home as of the...
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0 Answers | Asked in Real Estate Law for Texas on
Q: We are selling jointly owned property and a separately owned property in 1 contract. There will be 2 1031accounts opened

How can the title co separate the funds to reflect the differences in ownership? Would 2 closing statements solve this issue?

0 Answers | Asked in Real Estate Law and Elder Law for Texas on
Q: I live in a designated 55+ community. Very controversial: Can we completely eliminate rentals by changing CCRs

We "believe" we have 130/150 rentals. The original CCRs were boilerplate wording before Pulte turned over the board to homeowners. As with many HOAs, people/investment firms buying for cash and then renting due to our lack of restrictions. We even had a realtor running an Air B&B... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: HOA Board president continues to serve on board after he rescinds resignignation “effective immediately”

Can a HOA Board member continue to serve on board after resigning, “effective immediately” then withdrawing 36hrs later? Both were sent via email to board & prop. Mngr, who replied to resignation asking the board how they want to proceed to fill vacancy. No director replied to either... Read more »

John Michael Frick
John Michael Frick
answered on Sep 21, 2022

If he is indeed not a director, his actions likely would not be binding on the HOA unless it subsequently ratifies them. Probably the best course of action at this point would be to hold a directors meeting and have the Board pass a resolution ratifying all of his previous actions.

0 Answers | Asked in Foreclosure and Real Estate Law for Texas on
Q: mortgage lender (in a deed of trust) have to send you a default letter stating your options to prevent foreclosure first

Our house is thru a deed of trust and it is set to foreclose without sending us a warning letter and no options to reconcile.Is this legal.we only received a letter stating it was filed for forclosure .we want to have the option of paying amount due to stop it but the lender refuses to communicate... Read more »

1 Answer | Asked in Real Estate Law and Estate Planning for Texas on
Q: Transfer on death deed. How does that work? Is this better than a will? My moms only asset is her house.
John Cucci Jr.
John Cucci Jr.
answered on Sep 16, 2022

What you are referring to is a "Life Estate" deed which can be useful and save money and possibly other debts.

The Life Estate deed is generally used to avoid surrogate or probate court and to avoid the government from attaching the property if your mom has the need for medicaid...
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1 Answer | Asked in Real Estate Law, Probate and Landlord - Tenant for Texas on
Q: what happens when a homestead property owner dies (who is married and lives in the wifes home) has a girlfriend there?

the wife is aware of this girlfriend living at her husbands property. And he moved the girlfriend into the homestead he owned for her to have a place to live she used to live in the same house as the wife and husband but wanted more privacy. He died without a will or anything in place. does the... Read more »

John Michael Frick
John Michael Frick
answered on Sep 16, 2022

No.

First, I note that a married couple can only have one homestead. That homestead could be the separate property of one spouse or the other spouse or it could be community property of both spouses. Except of periods of temporary absence, a homestead must be used by the couple as their...
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0 Answers | Asked in Real Estate Law for Texas on
Q: Can a church pastor represent himself in court in eviction case?

Lawyer advised church to sue mortgage company with pastor representing himself, in jp court. Same lawsuit we to district court and church was evicted. Lawyer informed pastor the case would go no where because he couldn't represent himself and case would be thrown out.

3 Answers | Asked in Contracts, Real Estate Law, Tax Law and Small Claims for Texas on
Q: What to do if company won't honor warranty?

I purchased a home in 2021 that came with 10 year warranty for the foundation. Recently, interior of home started having foundation issues on one side of the home. Company came out to take a look but refuse to fix the issue because warranty apparently has been voided for two reasons. 1. Warranty... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Sep 10, 2022

This is a classic move by a home builder company. Unfortunately, it is time to sue.

You need to visit with an experienced lawyer who handles real estate contracts and litigation.

Your rights are in the agreement you entered into with the seller and/or builder. The details will...
Read more »

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1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for Texas on
Q: The reservation is a 1/16 in deed but it’s but the land was under mineral lease when it was sold

The reservation is a 1/16 in deed but it’s because the land was under mineral lease when it was sold lessee held 15/16 interest in minerals. I can prove by one property owned at time and we still own had 1/16 conveyance from estates children to their mother because father died intestate and... Read more »

Aimee Hess
PREMIUM
Aimee Hess
answered on Sep 8, 2022

You can try sending copies of everything you have to the oil company by certified mail with a letter asking them to correct the situation. However, don't be surprised if what you send them is not enough to change their mind.

This is probably not a do-it-yourself project. First, it is...
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0 Answers | Asked in Real Estate Law, Tax Law, Land Use & Zoning and Landlord - Tenant for Texas on
Q: I'm planing to rent an RV spot, live in my car in the RV spot and declare the RV spot as my domicile. Is this legal?

I'm specifically talking about the Houston TX(Clear Lake) area.

1 Answer | Asked in Civil Litigation, Real Estate Law and Energy, Oil and Gas for Texas on
Q: How hard is it to prove you are the rightful owner of mineral estate when someone else has been receiving lease bonuses

The reservation is a 1/16 in deed but it’s because the land was under mineral lease when it was sold lessee held 15/16 interest in minerals. I can prove by one property owned at time and we still own had 1/16 conveyance from estates children to their mother because father died intestate and... Read more »

Aimee Hess
PREMIUM
Aimee Hess
answered on Sep 7, 2022

Whether the process is simple or more challenging depends on the state of your mineral title. If you have a deed for these minerals it may be a matter of sending a copy of the deed to the oil company with a certified letter and requesting that they correct the error. Keep in mind that the landman... Read more »

0 Answers | Asked in Real Estate Law for Texas on
Q: I am needing to have property under a deceased person name with no will left out under the hier, granddaughters name.

A affidavit of heirship has been completed but cannot afford court cost, is there another way?

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Real Estate Law for Texas on
Q: I have a business. I need to file a TRO, as soon as possible. I need the steps to self-file, possibly ex-parte.
John Michael Frick
John Michael Frick
answered on Sep 7, 2022

It is highly recommended that you not attempt to represent yourself in such a proceeding. Depending on whether your business is a sole proprietorship, limited liability company, or corporation, you may not be able to legally represent your business in a Texas court.

I'm sure you...
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1 Answer | Asked in Real Estate Law for Texas on
Q: If a property deed has a lien that was not paid 30 years ago can the lien holder still legally repossess the property?

I am interested in purchasing some acreage that the deed shows a 30 year old lien that was not paid off. I was told there is a statue of limitations on this issue.

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

You need more information as to the nature of the lien itself. For example:

The statute of limitations to collect a debt is four years from the date that the debt became due. A typical mortgage loan was once 30 years. A mortgage lien or deed of trust (which is often called a lien) may...
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