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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: Our deed restrictions clearly state "only single family dwellings", my neighbor converted garage into a house.

He is an investor, he has renter's in the property. Also, running a business, I would like to hire an attorney that can help me get this resolved.

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

You should consult with a real estate litigation attorney in or near the county where the property is located. While a single family dwelling restriction does not prohibit the owner from converting a garage into a living space or renting the property out, it does prevent the owner from converting... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: I had a leak for months at my apartment after they fixed it but now it leaked again and it's worse what can I do?

The HOA has been called and it's turned into a big project of taking the whole living room wall needs to be redone for both water damage and termites and it has spread to the bathroom and the closet. They refused to put us in a hotel making us out to be bad for calling the HOA when the leak... View More

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

It's odd that an HOA is involved with repairs to an apartment. Typically, the management company managing the apartment complex would be responsible for repairs to leaky plumbing and a tenant would contact his/her renter's insurance company to handle any claim associated with water... View More

1 Answer | Asked in Estate Planning, Foreclosure, Probate and Real Estate Law for Texas on
Q: Possible homestead claim void to dishonest actions of estate administrator and conflict of interest

Father in law was named dependent administrator of my late wife's estate and is also named on deed as tenant in common along with his wife and my late wife also. My name not on deed. Bank would not accept my money for mortgage payment since I was not on deed. Requested father in law to take... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 6, 2023

Your best move was to sue him on your homestead claim or intervene in the Estate proceedings.

You still have some legal options, including a lawsuit against your father in law for his malfeasance and failure to manage the estate assets and save the property from fc or waste.

You...
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1 Answer | Asked in Estate Planning, Foreclosure, Probate and Real Estate Law for Texas on
Q: Possible homestead claim void to dishonest actions of estate administrator and conflict of interest

Father in law was named dependent administrator of my late wife's estate and is also named on deed as tenant in common along with his wife and my late wife also. My name not on deed. Bank would not accept my money for mortgage payment since I was not on deed. Requested father in law to take... View More

John Michael Frick
John Michael Frick
answered on Jun 6, 2023

As an heir of your wife you should hire an attorney to appear on your behalf in the probate court. Since you attempted to pay the mortgage, and the administrator didn't accept the money, one would assume you have that money available now to pay the past due amount and stave off the... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: My dad died almost 5 yrs ago. I was lied to about the property he owns until my step mom let it slip. Both on deed.

Am I entitled to heirship if they never filed a survorship

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 30, 2023

If your question is whether or not, you may have an interest in the property that was owned by your dad, I would have to see the deed from which he received his ownership rights.

Nevertheless, If your dad and his wife lived at the property, while married, she probably has the right to live...
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1 Answer | Asked in Real Estate Law and Divorce for Texas on
Q: Can I file for a owelty lien without a lawyer & how long with it take to go into effect? Also what do I need to file one

I was divorced a while back and was told I could not get any lien. I am seeing other wise now.

Can I file for an owelty lien on my own?

What do I need in order to file one? Such as a form and or my divorce decree?

If I do one, how long does it take to go into effect?

John Michael Frick
John Michael Frick
answered on May 31, 2023

An owelty lien is placed on real property at the time of divorce, not after.

A competent divorce lawyer would always place one if one spouse is awarded ownership of real property but is required to pay the other spouse money for his/her interest in the property.

If your divorce...
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1 Answer | Asked in Divorce, Family Law and Real Estate Law for Texas on
Q: My divorce says I get $45,000 on the sell of a house. I'm a co signer my ex husband the main. How do I get my money?

I was awarded $45,000 (in our divorce) when the house my ex and I has sold. He is not a nice guy and will not freely give me the money. I can't afford a lawyer either if it goes down this way. I am on the mortgage and he is on the deed. Because I am a co signer the realtor said she won't... View More

John Michael Frick
John Michael Frick
answered on May 30, 2023

The title company should withhold the money from the purchase price at the time of sale and send it to you.

You will likely be required to attend the closing and sign documents. If your divorce was handled by a competent attorney, you should an owelty lien securing the $45,000 payment owed...
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2 Answers | Asked in Real Estate Law and Tax Law for Texas on
Q: Texas Property Code section 51.009, how do i make sure that if i win the property will be free of all liens?

this property has gone thru litigation and being sold for unpaid property taxes. Fort Bend Independent School District v the owner

John Michael Frick
John Michael Frick
answered on May 27, 2023

Commission a title company to do a title search to determine if there are any liens on the property.

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1 Answer | Asked in Real Estate Law for Texas on
Q: Is it legal for commercial contractors in Texas to add change fees if I didnt sign for nor was told the fees beforehand

I have an original contract but it does not address change orders. He sent me a final invoice with a bunch of change orders that he claimed was required by city. Contractor never informed me beforehand.

Alisha Melvin
Alisha Melvin
answered on May 26, 2023

The original contract determines obligations on each signers part. Anything deviating would would require more evidence of text, emails, etc.

1 Answer | Asked in Real Estate Law and Construction Law for Texas on
Q: Who do you sue if you have a new build house (1 1/2 yrs) that, since day one has had major issues, foundation,

Water leakage, sewer issues, window casings cracking out. All documented emails, pictures and work done so far.

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

Common defendants in such a lawsuit include the builder, the soils engineer, the foundation design engineer, the foundation subcontractor who built the foundation, and the landscape design engineer who designed the landscaping.

It really depends upon what your structural engineer expert...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: Can you help me get into an existing class action suit against my property management

We rent from American homes 4 rent (amh now) and have been for 6 years. We have found out there is a class action law suit against them and we have major issues with foundation which started like 4 years ago and they just now are saying it will be “looked into”

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

No. You will need to contact the law firm handling the existing class action and tell them you'd like to "opt-in" to the class action. When they interview you, you may even become one of the named plaintiffs.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: Do I have an implied month to month rental agreement?

My lease ended on April 30. Prior to this I gave a 60 days notice in March. In mid April I submitted a request to retract the notice and I did this via email. At this time we switched to a different property management company and I did not get a response. When I would go to the office I would... View More

Alisha Melvin
Alisha Melvin
answered on May 20, 2023

The terms of your lease agreement are governed by the words within the lease. Despite what you told someone or they told you, your lease contract dictates the terms of your tenancy. So if your lease has expired and you are now month to month and retracted your original notice to terminate the... View More

1 Answer | Asked in Real Estate Law and Animal / Dog Law for Texas on
Q: If the apartment complex added unauthorized pet fees, after I gave her the survice pet certificate then added late fees

Because I was waiting for them to take off the unauthorized pet fees before I could pay the rent then took off the pet fees but not the late fees. But the rent would have been paid had they not added unauthorized charges do I have to pay the late fees?

John Michael Frick
John Michael Frick
answered on May 19, 2023

As long as you timely paid your rent minus the unauthorized pet fee, you should not owe any late fee.

On the other hand, if you didn’t timely pay your rent because of the additional unauthorized pet fee, you should still owe the late fee because you did not pay the undisputed amount owed on time.

1 Answer | Asked in Real Estate Law and Contracts for Texas on
Q: Can I pull out on residential contract?

Seller failed to disclose previous known water penetration not due to flooding on Sellers disclosure, resulting in a $145,000 insurance claim, that was rewarded.

Seller apparently told my agent who failed to tell me. I found out through my own insurance agent after being asked a few... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2023

I would have to see the contract you signed to give you solid advice.

Nevertheless, Notice of problems with the house and defects is required by the seller. However, sometimes, even though seller signed a disclosure, they can escape liability, where the contract says buyer takes property...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Lien on personal real estate property in Live Oak, TX no notice given on offences committed on personal home.

Trying to sell personal home to investor real estate.

Teri A. Walter
Teri A. Walter
answered on May 17, 2023

The options depend primarily on the type of lien, which I cannot determine from your question. If it's a judgment lien, there is a form affidavit you can complete stating that the property is your homestead, and therefore the lien does not attach to the property. If it's a tax lien,... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for Texas on
Q: Hello, my landlord hired a management company to collect my deposit and rent she’s since severed ties with the company

and now they will not send the money to my Landlord or back to me is that not stealing!? The deposit is 1900 plus two months rent April/May’s. I’ve already sent an email to the management company asking them to forward the money to my landlord or send back to me immediately and they needed to... View More

Teri A. Walter
Teri A. Walter
answered on May 17, 2023

The prior manager stole from the landlord, not from you. Your landlord is the one with the claim, not you, which is why your landlord is asking for your assistance to get the money back. Give them a copy of whatever you have that shows you gave the payment to the prior manager.

2 Answers | Asked in Real Estate Law for Texas on
Q: If a right of way has been in place for 60 years but the street dept has not used It, and now wants to take part of

Front yards can the law of adverse

Possession be used?

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 12, 2023

Your question is a bit vague. However, The law of adverse possession has a 10-year rule when your claim is against a private person or company. The rule is 30-years for an adverse claim against a government or municipality.

There are strict rules with an adverse possession claim. One of...
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1 Answer | Asked in Real Estate Law for Texas on
Q: House & land was left to 4 siblings. One of the siblings bought out the other three.

Is there a form that should be filled out validating/verifying sale of property to change the deed?

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 9, 2023

You would be wise to see an attorney to draw-up the paperwork and deed(s) you would need to sign and file with the County Clerk.

It shouldn't be expensive to have a lawyer do the work. If you use an attorney, you can count on it being correct and enforceable.

My office is...
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1 Answer | Asked in Real Estate Law for Texas on
Q: If the user of an easement installs a driveway, do they own the driveway or does the owner of the easement?

My cousin sold me their house, which included an easement through their mother's property. They installed a driveway to ease driving. The mother's property was then lost due to taxes and my neighbor acquired the property. I wanted to know if the driveway is owned by me, or does the... View More

John Michael Frick
John Michael Frick
answered on May 10, 2023

Concrete flat work like a driveway becomes a part of the land itself. Whoever owns the land, owns the driveway.

But the rights of a landowner are subject to the rights of the holder of the easement. The easement itself is the dominant estate and the landowner’s property interest is...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Is it legal for a home builder to send documents to the property tax office to change the names of owners of a home?

My husband and I built our home 5 years ago in 2017. The home builder is still expanding and building homes. A couple bought a home in our neighborhood in 2021 and we received mail from the home builder with our address but their names on it. I found the couple on Facebook and let them know that... View More

John Michael Frick
John Michael Frick
answered on May 4, 2023

It is legal for a builder to send a spreadsheet to the appraisal office, but it is also meaningless.

The owners whose names appear on the actual deed are the legal owners of the property and are the people responsible to pay the property taxes on the property.

The appraisal office...
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