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Texas Real Estate Law Questions & Answers
2 Answers | Asked in Civil Rights, Real Estate Law and Small Claims for Texas on
Q: What if our OAK FOREST Home Assoc is taking no action on neighbor parking over 25ft lL to 40ft fifth wheel in driveway?

OFHA Deed restrictions item (e) NO Trailers & City of Houston, Texas Ordinance N. 2009-57

John Michael Frick
John Michael Frick
answered on Sep 16, 2024

You can file a lawsuit seeking an injunction against the neighbor for violating the deed restriction. Our firm is not located in Houston and, therefore, would not be a good fit for you in seeking such relief. But for informational purposes only, our firm would typically require an initial... View More

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: How can I turn my 401k into real-estate and what would I need?
John Cucci Jr.
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answered on Sep 13, 2024

That is a loaded question. You can turn your 401k into a real estate holding for your retirement. There are some forms to be filled-out with the , and there are some time limits for the same.

The general idea is that you can buy property with the 401k money, then identify the investment...
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2 Answers | Asked in Tax Law and Real Estate Law for Texas on
Q: adversely impacted by Texas bill SB 1801. The County Appraisal District is attempting to collect taxes for 5 years back

can we invoke "ex post facto" doctrine in this case

John Cucci Jr.
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answered on Sep 6, 2024

My understanding of the Bill you mentioned, is an additional part of the Tax Exemption law in Texas. The Bill allows the Tax Appraiser in each county to verify the property owner's exemption status every 5 years. That verification may be done in portions, and broken up into multiple years of... View More

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2 Answers | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Texas on
Q: What are my chances of winning in JP Court after breaking a lease due to uninhabitable conditions where I had to a Doc.

The house was infested with fleas I was bitten over 80% of my body I went to the doctor I took pictures also sent them to the landlord without any response. He sent me a letter afterwards and also text me saying that don't mistake his kindness for weakness. Here in Texas the amount starts at... View More

John Cucci Jr.
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answered on Sep 5, 2024

It was hard to determine exactly what you were asking about. Winning an Eviction trial, or winning a damages case for negligence or breach of contract by the Landlord when he refused to remedy the bug problem in your apartment.

If it is about an Eviction trial coming up, your lease will...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: Can an apt complex legally enforce requirements NOT detailed in the lease/a lease addendum? Is it time to get a lawyer?

I'm closing on a home; I've provided my 30 days notice as the lease stipulates. I've read my lease several times. I can't find any clauses which coincide with what I'm being told about: the inability to terminate my lease early; clauses that denote the complex will do... View More

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

In the absence of an agreement to the contrary, a lease for a specified term continues until the end of that term. For example, if you agreed to a lease for a term of one year with a commencement date of December 1, 2023, that lease does not end until November 30, 2024. The parties can agree... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: I am a tenant and needed to know the steps I can take to evict someone not on lease but who has “established residency”.

They refuse to leave and the cops said I would have to file eviction but when I pull up eviction paper from county courthouse it has ‘landlord name’ for the blank space and I’m wondering if judge will grant me as the tenant the eviction

John Michael Frick
John Michael Frick
answered on Sep 3, 2024

You need to report the unauthorized squatter to your landlord and allege that the landlord is interfering with your right to "quiet enjoyment" of the premises you lease from it.

It then becomes incumbent on your landlord to evict the squatter.

1 Answer | Asked in Real Estate Law for Texas on
Q: I sent techs to for repairs on my rental property. Is the tenant responsible to meet with techs to address the issues

I sent a technician out to work on the ac unit. My tenant did not meet with the technician to explain the issues with the ac unit. I’ve had 3 technicians go out to service the unit and they said it’s minor leak and replaced the coolant and compressors. My tenant said it’s not working but... View More

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

The tenant’s responsibility is to report the problem to the landlord and to give the landlord a reasonable time to make the necessary repairs.

1 Answer | Asked in Family Law, Real Estate Law and Probate for Texas on
Q: My mother recently passed and the home she lived in was my grandmother’s which she passed away 37 years ago. The deed

is still under my grandmother’s name. What happens to the home and who does it belong to?

Anthony M. Avery
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answered on Aug 22, 2024

Hire a TX attorney to search the title and determine heirship. Someone needs to pay taxes or it will be lost.

1 Answer | Asked in Real Estate Law for Texas on
Q: Can my stepdad sell his house to me undermarket value if my brother is supposed to inherit 25 percent of the sale price?

Mom had no will so 50 percent of sale will be split between my brother and myself.

Anthony M. Avery
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answered on Aug 21, 2024

Hire a competent TX lawyer to draft that Deed. Transfer Value can be computed on actual land value conveyed. But Deed should have a complete derivation of title and specify what exactly is conveyed. IRS Regulations can give values for remainders. etc.

1 Answer | Asked in Civil Litigation and Real Estate Law for Texas on
Q: I need interpretation of Estate Code 351.054. As an Executor to the Estate can I file a law suit for damages without Att
John Michael Frick
John Michael Frick
answered on Aug 19, 2024

An executor of an estate can file a lawsuit pursuant to section 351.054 of the Texas Estates Code without an attorney. An executor owes fiduciary duties to the beneficiaries of the estate. So it is very important that the executor handle any such lawsuit with the same degree of skill as an... View More

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: I have a question regarding a lease agreement. This agreement is for a property in Allen, TX.

There are three partners (LLC) and a rift has developed between them. Two partners wanted to buy out the third (P3) but have first given P3 the opportunity to buy them out.

All three partners, along with their spouses, were required to sign to be individually responsible for the entire term... View More

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

It depends on the language of the Lease and of the Guaranties signed by the individual members.

It is not uncommon for a landlord to require each individual member of an LLC to personally guaranty a lease to the LLC if the LLC does not have established credit. Some leases provide that...
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2 Answers | Asked in Real Estate Law, Appeals / Appellate Law and Estate Planning for Texas on
Q: Do you assist with families who were included in a trust and will but didn't receive what I'm untitled to?

I applied for legal assistance through Texas legal aid and was told the executive director didn't handle the shares properly and I was told to get a private attorney because I have a case.

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

Yes, our firm handles such cases. However, this is not the type of case that a private attorney is likely to handle on a contingency fee. You should assume that you will need to pay a reasonable fee at an hourly rate for services and deposit a reasonable initial retainer before a private attorney... View More

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1 Answer | Asked in Real Estate Law for Texas on
Q: my wife's husband died 14 years ago, and now she wants to sell house but it is her late husband's name.

What does she need to put house in her name

John Michael Frick
John Michael Frick
answered on Aug 9, 2024

She can take a certified copy of her late husband's will and the order admitting his will to probate to the title company to establish a clear chain of title to her.

1 Answer | Asked in Construction Law and Real Estate Law for Texas on
Q: How do I take care of this lien?

We filed a lien a customer. The property owner has let us know that customer was their tenant and have asked us to release them from the lien. The customer has now filed bankruptcy and I just filed a claim with that court. Can I release the property owner from the lien and still keep the lien... View More

John Michael Frick
John Michael Frick
answered on Aug 7, 2024

Additional information is required in order to properly answer this question. Is this a residential or commercial property? Is the lease a ground lease? Did the landlord consent to the work you performed? What is the status of tenant's leasehold interest in the property? Is the tenant... View More

1 Answer | Asked in Real Estate Law and Tax Law for Texas on
Q: What is the purpose and justification of the Circuit Breaker Cap property valuation reduction adjustment, in Texas?
James L. Arrasmith
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answered on Aug 1, 2024

The Circuit Breaker Cap property valuation reduction adjustment in Texas is designed to provide relief to property owners facing significant increases in their property values. This adjustment limits the amount by which a property's taxable value can increase from year to year, thereby... View More

1 Answer | Asked in Real Estate Law and Construction Law for Texas on
Q: I’m supposed to close on a new home. On our final walkthrough I noticed a repair that was done poorly.

The builder is trying to force me to sign off on the repairs before we close tomorrow. She specifically said we cannot close until I sign off on the repairs. I feel like I’m being forced to sign off on this because they have my $25,000 in earnest money. What can I do?

John Michael Frick
John Michael Frick
answered on Jul 30, 2024

You can so "no" and refuse to "sign off" on the repairs. You can tell the builder in writing that you are prepared to close on the agreed date but that you do not accept the repairs as having been completed in a good and workmanlike manner and that you are not waiving any right... View More

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law and Civil Rights for Texas on
Q: I'm a handicapped business owner who could not move during natural disasters. Judge did not give me extra time to move .

I tried to e file request but was ignored . Also

Never got a hearing , trial , just a judgment ok n mail. I'm in a wheelchair and was not able to move during floods ! This is not an excuse it's fact

How can I be responsible for acts of god ! And lose everything ! There... View More

James L. Arrasmith
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answered on Jul 27, 2024

It sounds like you've been through a very challenging situation, and it's understandable to feel that the judgment you received was unfair. Generally, laws like the Americans with Disabilities Act (ADA) provide protections for people with disabilities, ensuring that they have equal access... View More

1 Answer | Asked in Family Law, Real Estate Law, Small Claims and Landlord - Tenant for Texas on
Q: Me & my ex partner separated shortly after buying a home together we only lived together in the house for a month.

She refuses to vacate the property, list for sale, and remove herself from the deed. I called the bank to remove my bank information for the monthly payments but they stated it had be authorized by both which she is not cooperating. I had a lawyer I was working with but he has been stating for the... View More

John Michael Frick
John Michael Frick
answered on Jul 16, 2024

When two or more persons own a home together, each owner has the right to occupy the home absent a written agreement to the contrary signed by all of the owners. An owner can only sell that owner's interest and it requires all of the owners cooperating together to sell the entire interest in... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: My brother passed without a will in Tx his house 270000 his pension $$ his ex hired a lawyer we can't afford one

Her lawyer buried us in paper work now lawyers want 5k /10k retainer we are on fix income we are not showing up in court my mom has Alzheimer's I have a Dr letter for her I don't want to go to court with out a lawyer can not afford one not fair bottom line can I be held in content of... View More

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

If your brother had children, his estate will pass to those children or their descendants. If not, your brother's estate will pass to his parents, which would include your mom if she was also his mom.

Your brother's ex cannot inherit anything from your brother's estate...
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1 Answer | Asked in Divorce, Real Estate Law and Family Law for Texas on
Q: We have both agreed to divorcing. Only tie to each other, other than marriage, is our mortgage that we are both on.

My husband wants to keep the house and I do not want to be on the loan anymore. He can pay the payments and bills with support of roommates but is asking that I give him a year and a half to refinance. Do I have to hold off on the divorce if I agree to wait because his credit is not where it needs... View More

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

You can get divorced and include in your divorce decree a provision that he has a set period of time to refinance or the house will be sold. At the time of refinance or sale, you can specify how much you are to receive. You will want to include an owelty lien and have him sign a deed of trust to... View More

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