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Texas Contracts Questions & Answers
1 Answer | Asked in Banking and Contracts for Texas on
Q: In Texas, if I default on loan, a lender can recoup from my bank account? what if account is only in my wife’s name?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 4, 2019

It would depend on whether your wife has signed as a security interest on the loan as well and what exactly the loan is for. The lender may also have to first obtain a judgment. Another thing to consider is whether a credit union is involved. It's best to consult privately with a debtor's... Read more »

1 Answer | Asked in Contracts and Education Law for Texas on
Q: Do electronic applications/contracts require an electronic signature by the applicant or will a checkbox do?
Tim Akpinar
Tim Akpinar answered on Nov 18, 2019

As a general matter, without regard to any state-specific laws, either would serve as an acceptance or agreement. A signature is stronger. Good luck

Tim Akpinar

1 Answer | Asked in Contracts and Internet Law for Texas on
Q: Is there a grace period during which you can cancel an online "membership" (Six Flaggs)? I purchased without understand

I bought multiple duplicate memberships for which they charged my card 200 dollars. They also want to keep chARGING me for 12 months. I realized the mistake within 24hrs and contacted them in person and online to try and straighten it out. But they insist I owe them 1800.00 to cancel, even... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 12, 2019

Contract grace periods are governed by regional conditions, so a Texas attorney can best advise you. But your question remains open for two weeks. Unfortunately, outside of such limited exceptions, the general rule is that a contract becomes enforceable at time of formation. In light of your... Read more »

2 Answers | Asked in Contracts, Civil Rights and Constitutional Law for Texas on
Q: How can online scams decieve you by offering you money to take surveys or participate in playing video games for money.

Just to get you to release your private digital information to sale and make money off of you or cause you to unknowingly forfiet a civil right? Im speaking as a person under the ADA. And am unable to represent myself in these matters.

Gary Kollin
Gary Kollin answered on Oct 28, 2019

They are very convincing and people are very gullible.

Not a legal question

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2 Answers | Asked in Contracts, Criminal Law and Construction Law for Texas on
Q: DID WORK FOR HOMEOWNER AND NOW HE DON\T WANT TO PAY
Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 26, 2019

This is not a matter of criminal law. Talk to an attorney who practices civil law or research filing a small claims lawsuit in the Justice of the Peace court. There are multiple JP courts in most counties so figure out the proper court for the street address of the home where you did the work.

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1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Texas on
Q: Buying an apt w a tenant that has acontract til 5/2020. If she terminates before closing will seller pay for those mon

Buying an apt w a tenant that has acontract til 5/2020. If she terminates before closing will seller need to pay for months tenant is missing to pay?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 24, 2019

No, not unless you include this unusual request in the buy/sell documents--or create a side agreement to deal with it.

1 Answer | Asked in Contracts for Texas on
Q: Can a car dealership change my contract a week after I sign and drove off with the car?
Tim Akpinar
Tim Akpinar answered on Oct 13, 2019

A Texas attorney could advise you the best, but your question remains open for two weeks. As a general matter with most contracts, it's a done deal after both sides sign (unless the contract contains provisions that modify this basic premise). You could check with a Texas attorney if they see... Read more »

1 Answer | Asked in Contracts, Employment Law, Personal Injury and Real Estate Law for Texas on
Q: Hi, I'm researching builders to use. Whats the best way to see if they have any lawsuits within past 5 years?

Just want to see if any individual or entity has sued them for anything and what the nature of the lawsuit is. Is there a database online that I can use?

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 3, 2019

If you're looking in Texas, I suggest checking the county property records and county court records to see if there has been anything. Most of it is public information.

1 Answer | Asked in Construction Law and Contracts for Texas on
Q: construct contract 180days stated on contract have passed and owners revenue is piling in the negative,what can be done?

additional verbal 30 days has also come and gone, loss of revenue on original house due to still living in it. Other contract details are not being respected. Stressed to the max, very emotional and now I have even alienated from friends and family. Loss of sleep and ambition.

Tim Akpinar
Tim Akpinar answered on Sep 29, 2019

You should think about contacting a Texas attorney to review the terms of the contract and advising you on what your next steps would be in recovering the money for your performance under the contract. An attorney could outline some of your options, ranging from a letter from a law firm to formal... Read more »

1 Answer | Asked in Contracts, Appeals / Appellate Law, Civil Rights and Securities Law for Texas on
Q: I own and paid for property that was sold under the previous owners name. Buyer wants to evict.What Proof is needed byme
Tim Akpinar
Tim Akpinar answered on Sep 27, 2019

Your question remains open for three weeks, and at this point, if you haven't already, consult with a Texas attorney. This sounds more like a real property matter than one about securities or civil rights. At any rate, the category is not really important at this point. It appears to be something... Read more »

1 Answer | Asked in Contracts for Texas on
Q: Is a photo of a contract valid if you do not have the original document?

I just made a deal with an editorial to give them the copyright of an illustration, they sent me a form, I printed it and signed it, then I sent them a photo, now I regretted it, because there are ambiguities in the document that don't convince me, my question is the photo I sent to them is valid,... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 22, 2019

A Texas attorney could advise best as to state-specific aspects of contract law, but your question remains open for two weeks. In such settings in general, it could depend on who wants to enforce the contract and who wants to get out of it. As a general matter, copies of contracts have been used to... Read more »

1 Answer | Asked in Contracts and Collections for Texas on
Q: Does a Promissory Note for a loan stating monthly payment amounts have to state an actual beginning payment date?

The promissory note for a loan states the loan amount, interest rate and that installments of a $$ amount are "to be paid on the 30th day of each and every month thereafter until paid". There is no payment begin or end date on the note. The only date on the note is at the bottom "Executed this... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Sep 18, 2019

Most likely after the date of execution.

1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: Inn keeper don't not take funds as I have tryed many times over months to pay my bill they write my numbers down an put
Tim Akpinar
Tim Akpinar answered on Sep 13, 2019

An attorney would need some additional information here to offer any kind of input. Are they rejecting the form of payment you use? Is there another underlying issue why payment isn't accepted? With some additional facts, maybe a Texas attorney could offer some meaningful guidance. Good luck... Read more »

1 Answer | Asked in Bankruptcy, Civil Litigation, Contracts and Real Estate Law for Texas on
Q: Ex-boyfriend filing bankruptcy, will it affect me when we have a notarized promissory note?

I am a co-owner of my house (that my parents paid for) with my ex-boyfriend and we are separated because he had an affair. Both of our names are on the deedWe both had an agreement about things after he left the house. We have a co-signed home equity loan of about

Timothy Denison
Timothy Denison answered on Aug 20, 2019

Unless his name is on the deed, he has no claim to the property. He will likely be released from the promissory note on the house, but as long as you make the payment, nothing should happen to you.

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Texas on
Q: Does homestead act over-ride the execution of the last will. The nephew never owned the house it belonged to the estate.

great aunt passed and left everything to her to a select few of her nieces and nephews, One of the nephews was very sickly and not expected to live long, he could live in the house until he died then the house would be sold and divided amongst the remaining living. If he ever moved he would sell... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 16, 2019

No, if the decedent had a Last Will the property should pass in accordance with the will.

2 Answers | Asked in Business Formation, Contracts, Land Use & Zoning and Real Estate Law for Texas on
Q: Can an individual place restrictions on property they are selling if no restrictions were on it before?

My wife and I purchased a 10 acre tract in Polk County on FM 3126 outside Livingston city limits, not in a neighborhood, no HOA or zoning. The land sale contract states "The property shall be used exclusively for agricultural or single-family residential purposes." If we decide to build a... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Aug 13, 2019

I suggest you see if the seller will amend; otherwise, you signed a contract with them and they can hold you in breach of that contract.

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1 Answer | Asked in Contracts and Tax Law for Texas on
Q: I have property tax that was held out of the sell of my home and should not of bren.i am exempt of taxes. The title co.k

Title company kept this money.2300.00 do i take to civil court

D. Mathew Blackburn
D. Mathew Blackburn answered on Jul 30, 2019

The county will have procedures for challenging an assessment. You'll have to take up the case with them and you likely have no recourse against the title company as long as they were abiding by a lawful lien.

I would suggest hiring a professional as tax matters are complex and nuanced.

2 Answers | Asked in Consumer Law, Contracts and Gov & Administrative Law for Texas on
Q: I heard that if you got ripped off by a Contractor(repairs) after Hurricane Harvey you could still file claims with FEMA

I heard that FEMA will go after the fraudulent contractor and may reimburse you for your cash losses.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 29, 2019

You heard wrong. But YOU can "go after the fraudulent contractor" and perhaps "get reimbursed" as damages.

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1 Answer | Asked in Contracts and Civil Litigation for Texas on
Q: How do i go about suing a storage facility over my unit?

I have a storage unit that went into agreement in April 2017 but then went delinquent in Dec 2017. My ex called and used his debit card to bring it up to date payment wise, but the owner if the facility took my name off the agreement, replaced it with the cardholders name, changed my lock and now... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 25, 2019

It is obvious to many experienced lawyers reading this that you and your ex and the owner of the storage unit are in an unfortunate triangle that will probably not end well--for you. If a judge were deciding what to do they would probably agree with the owner of the storage unit that you violated... Read more »

1 Answer | Asked in Contracts and Family Law for Texas on
Q: My grandmother got millions

The money is from our family and it was suppose to be equally divided

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jul 24, 2019

You need to expand on your question. Is this a probate issue? If so, please ask under the probate section. If it is probate, was there a will, was it probated, etc.?

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