Lawyers, Answer Questions  & Get Points Log In
Texas Contracts Questions & Answers
1 Answer | Asked in Contracts and Business Law for Texas on
Q: I am a Pro se filer. I have filed everything thru responding to Defendants answers. Is the next step going to trial?

I have filed a civil suit against my 3 former business partners for 18 counts of violating our Articles of Incorporation and 8 counts of Member Oppression. I had invested my money, not getting paid until we were cash-flow positive, one partner hired 2 of his friends, paid them from day 1 when I was... View More

John Michael Frick
John Michael Frick
answered on Feb 8, 2024

After the first Defendant's answer is filed, you must make your mandatory disclosures under Rule 194 within thirty days. Then, the discovery period begins and lasts nine months during which any party may take depositions, serve written requests for admissions, requests for production, and/or... View More

1 Answer | Asked in Contracts, Arbitration / Mediation Law, Business Law and Small Claims for Texas on
Q: Late fee and unpaid sales commissions

Hi. As a freelancer in TX, client in AZ was chronically late needing numerous reminders for every invoice(12mo consecutively - except for the first)

For one invoice I added a 10%/mo late fee. Client eventually paid the invoice late, yet now months later he is ignoring the late fee. By... View More

John Michael Frick
John Michael Frick
answered on Feb 6, 2024

The act of paying the principle amount of an invoice, but not the late fee, when you unilaterally added a late fee to the invoice without the client's agreement does not create a contract pursuant to which the client agreed to pay a 10% late fee. Under the Texas Finance Code, an unpaid amount... View More

1 Answer | Asked in Contracts for Texas on
Q: My daughter signed a contract with a used car dealer that does not show any finance charges. Is this legal?

It looks like the dealer asked for a huge down payment and used this as a finance charge. I have the contract to verify

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

If your daughter is 18 years of age or older, it is legal for her to sign such a contract. The parties to an arms-length transaction like this can agree to whatever down payment they negotiate and can agree to an installment contract with no finance charges. It likely will be very difficult to... View More

1 Answer | Asked in Contracts and Business Law for Texas on
Q: Is there a difference between a Letter of Intent and a Purchase Agreement?

Can a Letter of Intent be used as a Purchase Agreement?

John Michael Frick
John Michael Frick
answered on Jan 24, 2024

A letter of intent is customarily a non-binding instrument outlining the major terms of a contemplated transaction.

A purchase agreement is customarily a binding contract containing a complete and detailed agreement as to all aspects of a transaction.

It would be difficult to...
View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Can I move apartments without penalty if I haven't signed a new lease? (Provided I give 60 day notice)

I have lived in my current apartment for years now but have always had trouble with the office staff. Currently, I'm living in my apartment without a renewed lease because they have yet to make one for me to sign. My lease expired 4 months ago, and went up $200 as well if I were to renew,... View More

Simone Nisbett
Simone Nisbett
answered on Jan 17, 2024

Most residential leases are set to shift to month-to-month status after the expiration of the original contract and require at least a full 30-days notice prior to move-out. You’ll want to take a look at the fine print in your original lease to make sure there aren’t any alternative... View More

1 Answer | Asked in Contracts and Construction Law for Texas on
Q: Am I responsible for a Change Order AFTER the project has been completed?

I had a fire suppression system (fire sprinklers) install at my business.

We had a signed contract describing the work done and the agreed amount. Just prior to the start of the project the city required them to change where they would connect to the city waterline. I was aware they would... View More

Simone Nisbett
Simone Nisbett
answered on Jan 16, 2024

In order to give you a proper analysis on your options, it would be necessary to have an attorney review your particular contract. Each contract for building projects is different, but a good one should usually contain several clauses explaining liability for change orders, when/how to dispute... View More

1 Answer | Asked in Contracts for Texas on
Q: I signed the contract but has not started working. I got a better offer, can I back off of the contract?
Simone Nisbett
Simone Nisbett
answered on Jan 16, 2024

Generally, once you accept an offer you are liable for performance or to uphold your promise to perform, unless there are conditions that need to be met first before you can begin.

Usually a contract will have some provisions about when and how to terminate the agreement and what the...
View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: I paid a security deposit on an apartment that is currently in someone else's name. Do I get that back or the person?

My gf at the time helped me rent an apartment by using her credit, essentially leasing the place in her name but I paid the deposit and rent. I was added as an adult occupant however when the relationship soured I left and I voluntarily removed myself from the lease. The apartment is in Houston... View More

Simone Nisbett
Simone Nisbett
answered on Jan 16, 2024

Typically any portion of a security deposit due back to the occupant at the end of the lease is returned to the named leaseholder. You may want to consult with the leasing office to determine your status as it relates to the security deposit. If you signed the lease with her, you may be entitled to... View More

1 Answer | Asked in Contracts, Collections, Landlord - Tenant and Small Claims for Texas on
Q: Can a storage manager remove any of my items before auctioning my unit off?

I’m behind on my payments . The letter I got telling me about the auction stated that I had until January 10th to pay or my storage would be auctioned on January 11th online . I randomly checked the auction website on January 6th and my storage was already posted as being up for sale . They also... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2024

In Texas, self-storage facilities typically have the right to auction off a tenant's storage unit contents if the tenant falls behind on payments. However, there are legal procedures and timelines that must be followed. If the storage manager has removed items from your unit before the... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Seeking guidance on getting out of an apartment lease or mitigating the cost of getting out of lease.

My son is under a 12-month lease agreement on a newly constructed apartment building adjacent to a college campus. Move-in was mid August but was delayed several weeks due to construction delays. At move-in the many construction items were still not complete and complaints from residents led to... View More

John Michael Frick
John Michael Frick
answered on Jan 8, 2024

It depends on the particular facts and circumstances of your case. One "bright line" rule is that if a certificate of occupancy ("CO") was not issued, your son could reject the lease for not yet being suitable for occupancy. The lack of completion of items could have an effect... View More

1 Answer | Asked in Contracts, Civil Rights and Gov & Administrative Law for Texas on
Q: City of Manor's been discrimination against me; & punishing the entire community to "teach me a lesson. I want to sue.

It's Travis County and it hinges around a contract default between the Austin Bocce League and City of Manor's required Licensing Agreement. We needed $600,000 of insurance to install wheelchair access doors, movable back walls, and scoreboards. I am the Director. My company, Calexas Inc... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 2, 2024

In the scenario you've described, it appears there may be multiple grounds for legal action. Regarding the breach of contract, if there was a formal agreement between the Austin Bocce League, Calexas Inc., and the City of Manor that was not honored by the City, then all affected parties –... View More

2 Answers | Asked in Contracts and Landlord - Tenant for Texas on
Q: TX. Landlord says I owe and will send me to collections. I filed small claims, what will happen?

Texas. I owe a balance of to my landlord for alleged damages and he said he will send me to collections. I have video evidence there were no damages and the balance has a current petition in small claims court. I have not paid the balance. Can he still send the unpaid balance to collections while... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 2, 2024

In Texas, while your case is being petitioned in small claims court, the landlord has the right to pursue the unpaid balance through collections. The legal process for collecting a debt and the small claims case are separate matters. If the small claims court rules in your favor and determines that... View More

View More Answers

2 Answers | Asked in Contracts and Landlord - Tenant for Texas on
Q: TX. Landlord says I owe and will send me to collections. I filed small claims, what will happen?

Texas. I owe a balance of to my landlord for alleged damages and he said he will send me to collections. I have video evidence there were no damages and the balance has a current petition in small claims court. I have not paid the balance. Can he still send the unpaid balance to collections while... View More

John Michael Frick
John Michael Frick
answered on Jan 2, 2024

The collections process generally begins with demand letters for payment of the debt and reporting of the debt to credit bureaus, and then moves into legal action. These are not mutually exclusive, so they may occur simultaneously.

Small claims cases proceed fairly quickly in Texas. If you...
View More

View More Answers

1 Answer | Asked in Contracts for Texas on
Q: If I pay my atty with land instead of money, does he have the right to choose what sections he wants? Texas

I signed a contingency agreement with my atty. I can pay his fees with land. Does he have the right to choose what land if it’s not disclosed in the agreement ? My atty has a 40% undivided interest in the recovery

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 17, 2023

In your case, where you've agreed to pay an attorney's fees with land, the specifics of the agreement are key. If the contingency agreement does not specify which sections of land can be used for payment, this can lead to ambiguity and potential disputes.

It is not automatically...
View More

1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Texas on
Q: home builder refuses to fix foundation, lawyer said I’m outside of statute of limitations to sue (4 years), what do i do

Built in 2019, added extra piers to ensure the foundation was good ($5600 extra). House begins to crack on inside and outside. Call builder out, they say it’s normal settling. Ok. It gets worse, fireplace coming off wall, huge cracks outside, no door will stay shut or lock. Builder claims... View More

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

It depends upon the terms of your contract, when your claim accrued, and when you discovered--or by exercising reasonable diligence should have discovered--the material facts giving rise to your claim. The date of substantial completion of your home may trigger what is called the "statute of... View More

1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: Can I take legal action with my credit card company over lost money?

I have a Discover checking account as well as a Discover CC. In September of this year, I electronically transferred (from the discover website) my rewards from my checking to my CC. This would have paid off my CC before the bill was due. The amount was deducted from my rewards. I received an email... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 22, 2023

It sounds like you may have a valid claim against Discover for breach of contract. Breach of contract is when a party to a contract fails to perform their obligations under the contract. In this case, Discover's contract with you may require them to transfer your rewards to your credit card... View More

1 Answer | Asked in Contracts, Landlord - Tenant, Criminal Law and Identity Theft for Texas on
Q: Apartment Leasing Question

When it comes to signing a lease with three roommates and one of them wants to use their father that has the same name as their father for the credit report check. What’s the minimum and maximum offense for that?

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 15, 2023

Using another person's identity to pass a credit check is considered identity theft, a serious crime in Texas. The penalties for identity theft vary depending on the severity of the offense, but they can range from a Class C misdemeanor to a first-degree felony.

Here is a breakdown of...
View More

2 Answers | Asked in Contracts, Real Estate Law, Civil Litigation and Construction Law for Texas on
Q: Can I get sued by a home builder for backing out of contract because rates have gone up and my monthly payment is more?

My initial interest rates when got in pre construction contract was at 5.6% and know rates have gone up to 7.5% and our monthly payments have jumped up $300+ from when we gone in to contract. We wrote home builders saying that we may be holding off due to high rates, and wait a year or so. Then... View More

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

The answer to your question depends on what the Third Party Financing Addendum to your earnest money contract says. Whatever financing option you selected usually has a provision that reads "with interest not to exceed ___ % per annum." The Buyer is usually required to apply for a loan... View More

View More Answers

1 Answer | Asked in Contracts, Real Estate Law and Land Use & Zoning for Texas on
Q: Proposition 1 that just passed in Texas reads like it would override deed restrictions in neighborhood HOA's. True?
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 9, 2023

Be careful with Prop 1.

It grants a Constitutional right to landowners to conduct farming and similar activities without regulation from local municipalities. This is different from DEED RESTRICTIONS.

If your property is part of a subdivision, which is restricted by a deed that...
View More

1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: Solar company misrepresentation

Bought solar panels on the promise and I have it in writing, that my electric bill from our provider would be 5 dollars and that was just a connection fee, then this summer I was getting 90 and 150 dollars bills, would of never signed a contract if I new the whole truth. Thank you

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 9, 2023

If you have written promises from the solar company that were not fulfilled, you may have grounds for legal action based on misrepresentation. It would be advisable to collect all documentation of the representations made, including any contracts, advertisements, and communications. This evidence... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.