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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Tax Law for Texas on
Q: Can I get a tax exemption for using my property as a family burial site in Texas?

I live on a residential property in Texas, and I've buried one family member on the land, intending to possibly use more of it as a burial site in the future without any formal designation or profit-making intent. Can I file for a tax exemption for this part of the property?

John Michael Frick
John Michael Frick
answered on Apr 2, 2025

Yes, but only for that portion of the property used as a dedicated burial site for human remains.

Q: Disabled woman faces unsafe transport access and civil rights concerns.

I'm a 75-year-old disabled woman living in an apartment run by a nonprofit organization. Today, I was informed that my para transit drivers can no longer meet me by the mailboxes on flat ground. Instead, I'm expected to meet them at the top of a hill, which is not ADA-compliant and poses... View More

Q: Can non-U.S. residents wholesale real estate in Texas and receive assignment fees abroad?

I live abroad and I'm interested in wholesaling real estate in Texas. Is it possible for non-U.S. residents to engage in this business? What kind of paperwork or legal requirements should I be aware of? Additionally, there may be situations where I enter into joint ventures (JVs) with other... View More

John Cucci Jr.
John Cucci Jr.
answered on Apr 1, 2025

Most non-US citizens can buy and sell land and otherwise speculate on the same. However, if you are a Chinese National, or are from a "Terrorist State" country, that type of business is NOT available for you in Texas.

The key is to manage your properties and taxes correctly. Get...
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0 Answers | Asked in Landlord - Tenant, Sexual Harassment, Civil Rights, Criminal Law and Real Estate Law for Texas on
Q: Is this human trafficking or white slavery by my landlord?

I'm facing a situation where my landlord expects me and others to perform various property management tasks and engage in sexual activities without compensation. We were desperate and homeless when we agreed to live there. Additionally, he has frequent fires and employs a convicted arsonist.... View More

0 Answers | Asked in Landlord - Tenant, Business Law, Contracts and Real Estate Law for Texas on
Q: Can I charge my property management company in TX part of the repainting fee due to communication failure with tenants?

I am a landlord in Leander, TX, and my tenants repainted the house poorly against my requests and their own raised standards. Although I communicated these requests to the property management company, they failed to provide proof of communication to the tenants. There's no contract clause... View More

0 Answers | Asked in Construction Law, Contracts, Civil Litigation and Real Estate Law for Texas on
Q: Am I liable for a lien placed after I sold the house when contractor affirmed no debt?

I sold a house in the middle of renovation to another investor last year. Before selling, I informed the contractor to cease all work, and they verbally confirmed that no money was owed. We had a draw payment schedule in the original contract, but no formal agreement to stop the work, only verbal... View More

1 Answer | Asked in Real Estate Law and Contracts for Texas on
Q: Is a realtor obligated to provide a signed document for an accepted bid?

I submitted a second bid for a property, and my realtor informed me verbally the next day that the bid was accepted. However, I haven't received any written confirmation of the acceptance. Is the realtor obligated to provide a signed document confirming the accepted bid?

John Michael Frick
John Michael Frick
answered on Mar 31, 2025

Traditionally, you and the Seller will both sign what is called an "earnest money contract." It will contain the sales price you and the seller agreed upon as well as certain other terms. You will deposit a sum of money with a title company as earnest money (showing that you are... View More

3 Answers | Asked in Real Estate Law and Probate for Texas on
Q: Can I force sale of vacant inherited home in Texas?

I am the executor for a jointly owned home where one owner has passed away and the surviving owner is in a nursing home. The house has been vacant for more than one year. One party wishes to sell the property, but the other party is opposed. Can I force the other party to sell the house?

Isaac Shutt
Isaac Shutt
answered on Mar 31, 2025

It's not 100% clear who the "parties" are in your question. If you probate the will of the deceased owner, as the court-appointed executor of the deceased owner's estate, you would have legal authority to deal with that half. The surviving owner is trickier, though. Do you hold... View More

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1 Answer | Asked in Civil Litigation and Real Estate Law for Texas on
Q: How to file a Motion for Modification of Judgment in a Trespass to Try Title case in TX?

I was a defendant in a Trespass to Try Title case in Texas and filed a counterclaim of Unjust Enrichment. During the bench trial, I lost the Trespass to Try Title portion, but the judge acknowledged that my contributions to the property were 85% of its value and that I paid property taxes for over... View More

John Michael Frick
John Michael Frick
answered on Mar 31, 2025

You can file a Motion to Modify Judgment under Rule 329b of the Texas Rules of Civil Procedure. Your deadline to do so in 30 days from the date the Judgment is signed.

Because the Judgment has not been signed yet, you can also prepare an alternative Judgment reflecting the correct amount...
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1 Answer | Asked in Consumer Law, Landlord - Tenant and Real Estate Law for Texas on
Q: Are the apartment complex and debt collector liable for a reporting error that impacted my credit?

I paid the full amount owed to my apartment complex promptly after moving out. Eight months later, I discovered they mistakenly reported my account to a debt collector and the three credit bureaus. Both the debt collector and the apartment manager confirmed verbally and through email that it was an... View More

Matthew McKenna
Matthew McKenna
answered on Mar 29, 2025

I would make sure to dispute it directly with the credit bureaus as well. I would contact a consumer protection attorney familiar with the Fair Credit Reporting Act to discuss potential liability. It's tough to say at this point but happy to answer other questions.

0 Answers | Asked in Landlord - Tenant, Appeals / Appellate Law and Real Estate Law for Texas on
Q: Can I request a jury trial for an eviction appeal in Texas county court?

I lost in a jury trial in Justice Court JP3 in Texas over alleged non-payment of rent, despite presenting evidence of timely rent payment. The initial eviction was filed without a notice to vacate in retaliation for my repair and remedy case, which was dismissed. Subsequently, a second eviction was... View More

0 Answers | Asked in Real Estate Law for Texas on
Q: Responsibility for shared fence repair costs in Texas

I live in Texas, and my neighbor is asking me to pay for fence repairs. We share this fence, which has been in place for about 8 years without any repairs. The fence is leaning towards his side, and he previously installed a solar light on the rail with nails. There was no prior agreement about... View More

1 Answer | Asked in Business Law, Contracts, Landlord - Tenant and Real Estate Law for Texas on
Q: Severance package rent reimbursement requires removing belongings from leased apartment. Why?

My severance package includes reimbursement for two months' rent, but the company requires me to remove my personal belongings from the apartment by March 31st for the payment to be processed. My name remains on the lease, and I have access to the apartment. I am confused as to why my... View More

John Cucci Jr.
John Cucci Jr.
answered on Mar 27, 2025

I want to know if you work for the lease company.

The removal of your things should have something to do with the landlord giving back the security deposit.

I need more information to give you a better answer.

I hope this helps.

2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Texas on
Q: Steps to verify ownership from ladybird deed after father's passing in Texas.

I'm named as a beneficiary on my father's ladybird deed, along with my sister. The deed has been recorded. My father has recently passed away, and the property is neither occupied nor leased. There are no outstanding debts or taxes, and no restrictions or conditions on the deed. What... View More

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Mar 26, 2025

First, I'm sorry to hear about your father's passing. You and your sister are now owners. For clarity with the title, you may want to file an affidavit of death with the real property records in the County clerks office. You need to decide how you wish to handle the property. If you plan... View More

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Texas on
Q: Can I withhold rent if water heater issues go unresolved for months?

I am near the end of a 1-year lease on a home, and the water heater has been broken for 4 months. I have made multiple repair requests since November, including emails and phone calls. Initially, a technician was sent, but he wasn't qualified to fix a gas water heater. A contractor later... View More

John Michael Frick
John Michael Frick
answered on Mar 26, 2025

Unless your lease expressly authorized you to withhold rent for this reason, you should not withhold rent.

Chapter 92 of the Texas Property Code does provide you as a tenant with a different remedy called "repair and deduct." See Section 92.0561. You must comply with all the...
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2 Answers | Asked in Real Estate Law and Contracts for Texas on
Q: How do I get and record warranty deeds for land I just sold in Texas without an attorney or title company?

I recently sold a piece of land, and the survey has just been completed. The buyer has not yet made any payment, and I did not use an attorney or a title company. I need assistance in obtaining and recording the warranty deeds, preferably by the end of the month. How should I proceed with this... View More

Anthony M. Avery
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answered on Mar 25, 2025

You have not sold land yet. Without a deed conveyance and getting paid, you have done nothing but possibly get into legal trouble, and definitely will cause problems for all concerned. Hire a TX attorney to search the title, draft appropriate deeds which incorporate legal descriptions from the... View More

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1 Answer | Asked in Immigration Law and Real Estate Law for Texas on
Q: Eligibility to apply for Texas real estate license with an EAD under asylum status.

I am reaching out to inquire whether I am eligible to apply for a Texas real estate license. I hold an Employment Authorization Document (EAD) under my asylum status and have met the required education requirements. I am currently residing in Texas. The Texas Real Estate Commission advised me to... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your question about Texas real estate licensing with an EAD under asylum status raises important considerations. While having work authorization through your EAD allows you to legally work in the United States, professional licensing requirements can have additional criteria beyond work... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: I cut across private property in Addison while looking for a restaurant. What should I do?

I cut across private property in Addison while looking for a restaurant. What should I do in this situation?

John Michael Frick
John Michael Frick
answered on Mar 21, 2025

It does not appear that there is anything for you to do at this time. In the future, however, you should avoid entering private property without the permission of the owner especially if there are indications, like no trespassing signs or fencing, that the owner is restricting entry.

1 Answer | Asked in Divorce, Real Estate Law and Contracts for Texas on
Q: Am I responsible for a joint HELOC loan after divorce?

I'm in the process of selling a property after a divorce. The divorce decree clearly states that I have no debt, yet there is a HELOC loan taken jointly by my ex-spouse and me. Am I responsible for the HELOC loan repayment during the sale of the property considering the terms of the divorce decree?

Steven Buitron
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answered on Mar 21, 2025

Under Texas law, your divorce decree may state that you are not responsible for any debts, but lenders are not bound by divorce decrees—they are only bound by the original loan agreement. If you signed the HELOC (Home Equity Line of Credit) jointly, the lender can still hold you personally... View More

1 Answer | Asked in Probate and Real Estate Law for Texas on
Q: Who inherits an estate in Texas without a will, involving cousins, debts, and real estate?

I am trying to determine the next in line for inheritance for an estate in Texas without a will. The deceased had no children and was never married. Both parents and grandparents have passed away. I am a first cousin. If one cousin is deceased and their spouse is also deceased, would their children... View More

John Michael Frick
John Michael Frick
answered on Mar 20, 2025

Take your family tree starting with the decedent's grandparents and including all of the grandparents' deceased descendants to a probate lawyer in or near the county where you live.

With the decedent being single and childless, and both parents having died first, the...
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