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Texas Contracts Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Landlord - Tenant for Texas on
Q: Can I break my lease without penalty if there was theft in my unit in texas?

maintaince was scheduled to do repairs in my unit between thursday and friday , upon returning my unit some things were missing in my unit , I made a police report and stated to the property manager that I no longer felt safe and violated and I wanted to rescind my contract, the only option I was... Read more »

John Michael Frick
John Michael Frick
answered on Sep 28, 2022

No, unless your written lease agreement specifically provides that this is a reason you may terminate your lease early. That would be an extraordinarily uncommon provision.

This is why you never allow other people to enter your unit when you are not home. You should always remain...
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1 Answer | Asked in Contracts and Construction Law for Texas on
Q: My contractor abruptly stopped work 3 weeks ago and is unreachable. How do I proceed?

Homeowner in Texas. I contracted with (name withheld) for concrete and electrical work. I paid 50% upon signing. Work started 5 weeks after the estimated start date. They worked 3 days (some light excavation) and then all communication abruptly ceased 3 weeks ago. The contractor is unreachable by... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Sep 21, 2022

If I were to take this case, I would start by reading your contract and creating an effective litigation strategy. After outlining the strategy, I would move forward with the plan. It looks like you have taken a few steps already, but it does not look like you have taken any formal steps. If your... Read more »

1 Answer | Asked in Contracts for Texas on
Q: I purchased a timeshare in Mexico and sent the required documents for cancellation. However, they are denying my request

I purchased this exactly a month ago and sent the letter via certified mail within the 5 day cancellation period.

Jaime Victor Papa
Jaime Victor Papa
answered on Sep 19, 2022

If the contract is governed by the laws of Mexico, you will need to hire a Mexican attorney. If the contract states that US law governs, I may be able to help.

1 Answer | Asked in Business Formation, Business Law and Contracts for Texas on
Q: my work did not give me any hours for the last 2 weeks of my job but i sign a contract that say i am generated me hours
Jaime Victor Papa
Jaime Victor Papa
answered on Sep 19, 2022

This may be a breach of contract. I would need to see the contract.

1 Answer | Asked in Contracts and Business Law for Texas on
Q: Does a person I drew sample illustrations for owe me money?

In 2014 I created drawing samples for a person who asked for them because she was writing a children's book. I sent a set of 4 designs and asked her to choose the one she liked best. She chose two and said that she would speak to me again after she talked to her PR person. But I didn't... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Sep 15, 2022

I believe that you may have a case. I would have to see all the interactions.

2 Answers | Asked in Contracts and Employment Law for Texas on
Q: In the state of Texas is a no hire clause enforceable if it’s between 2 businesses and the employee affected didn’t know

I work for a company who is a contractor for a bigger company. I recently applied to work for the bigger company, was offered a job, then told I couldn’t work for them because my current employer (their contractor) and them signed a contract with a no hire clause in it.

John Michael Frick
John Michael Frick
answered on Sep 14, 2022

An antipoaching or no-poaching agreement between two businesses may or may not be legal based on the language of the agreement and the particular circumstances of your particular case. Ordinarily, whether the employee knows about such an agreement is not a significant factor in determining whether... Read more »

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3 Answers | Asked in Contracts, Real Estate Law, Tax Law and Small Claims for Texas on
Q: What to do if company won't honor warranty?

I purchased a home in 2021 that came with 10 year warranty for the foundation. Recently, interior of home started having foundation issues on one side of the home. Company came out to take a look but refuse to fix the issue because warranty apparently has been voided for two reasons. 1. Warranty... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Sep 10, 2022

This is a classic move by a home builder company. Unfortunately, it is time to sue.

You need to visit with an experienced lawyer who handles real estate contracts and litigation.

Your rights are in the agreement you entered into with the seller and/or builder. The details will...
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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Real Estate Law for Texas on
Q: I have a business. I need to file a TRO, as soon as possible. I need the steps to self-file, possibly ex-parte.
John Michael Frick
John Michael Frick
answered on Sep 7, 2022

It is highly recommended that you not attempt to represent yourself in such a proceeding. Depending on whether your business is a sole proprietorship, limited liability company, or corporation, you may not be able to legally represent your business in a Texas court.

I'm sure you...
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2 Answers | Asked in Consumer Law, Construction Law and Contracts for Texas on
Q: Can a contractor alter the terms of a contract for a septic system because the equipment he has won't work?

The contractor already accepted the money from the manufactured home company where we got the loan through to do the work on the septic system. Now he says because his mini excavator cannot penetrate The Rock underneath the dirt that we're going to have to spend an extra $2000 to put in an... Read more »

John Michael Frick
John Michael Frick
answered on Sep 7, 2022

That depends on the wording of your contract with the contractor and what it says about subsurface soil conditions and the allocation of risks. You should take your written contract to an experienced construction law attorney for a consultation. If the contract is not overly long, you should be... Read more »

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1 Answer | Asked in Contracts and Energy, Oil and Gas for Texas on
Q: My mom has solar panels for abt 8 mon and she was told the panels were to produce what show in the light bill

What can we do, is there a way to cancel or terminate. They are paying double now in light bills. Solar panels aren't producing what she was told it was going to produce. Now the company wants her to add more panels and pay more when my mom was told something completely different. She also... Read more »

Aimee Hess
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Aimee Hess
answered on Sep 2, 2022

This is becoming a common problem with residential solar systems. Many states will allow a consumer to terminate a transaction if fraud was involved.However, no one can give you specific advice on your mother's rights unless they get a detailed fact statement from her and review the contract... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: cancelling the buying contract to buy a property

Hello, I was in the process of buying a home in Dallas, TX. Currently I am working remotely from New Jersey and got home Mortgage approval on the basis of Remote work. Today I lost my project and came on Bench, It is not sure that my next project will be remote or onsite in New Jersey. I want to... Read more »

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

The "validity" of your reason for cancelling is probably irrelevant. You likely can cancel the contract, but you will forfeit your earnest money. That's literally what earnest money is for.

The Seller will then relist the property or move forward with any back-up contract...
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1 Answer | Asked in Contracts for Texas on
Q: I'm a contractor. If a client enters into contract with me, does a 3rd party have any say over our contracted agreement?

I am asking because I often encounter the problem of a third party "review" company trying to step in. I work in restoration and these companies always try to cut the bill no matter what or how we charge. Do I have legal recourse to tell them that my contract is between the homeowner and... Read more »

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

No. If you enter into a contract to perform a specific service for the homeowner at an agreed-upon fixed price, the third party has no say over your contracted agreement.

Where the "rubber meets the mat" is that most restoration contracts do not set an agreed-upon fixed price for...
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1 Answer | Asked in Contracts and Employment Law for Texas on
Q: Do Texas district courts have exclusive jurisdiction over at-will employment contract disputes? Case law please.

Can one remove a case from a justice of the peace court in Texas to a district court? If it is an at-will employment contract dispute.

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

No, in Texas, district courts do not have exclusive jurisdiction over at-will employment contract disputes. Under Section 24.007 of the Texas Government Code, a district court has jurisdiction of a civil matter in which the amount in controversy is more than $500, exclusive of interest. That is... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Small Claims for Texas on
Q: Hi! what kind of lawyer do I need? I loaned an individual/ LLC $26K, a notarized contract was signed.

The contract was signed last year 7/21. After the money was sent, the individual vanished. I tried several times to collect payment. The money was indented and written for the investment of an 18- wheeler truck. The contract also stated I could have rights to drive. At this time I'm not... Read more »

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

You most likely need a debt collection attorney in the state where the LLC on the loan contract is located and where the individual resides.

1 Answer | Asked in Contracts for Texas on
Q: Is this contract and termination fee enforceable if the contract is missing items specifically called out?

If a termination section of a contract states that, "In the event of termination of this Agreement, Sections 9, 11, 12, and 14 shall survive such termination," but no such sections are in the contract, is it enforceable? The termination requires a termination fee, but I am afraid to... Read more »

John Michael Frick
John Michael Frick
answered on Aug 23, 2022

The key principle that a court will use to interpret a contract is: what was the intent of the parties? The fact that the Agreement specifically mentions these Sections by number strongly indicates an intent that such Sections form a part of the contract agreed to by the parties. It is likely... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: IF i have a Lease Agreement with option to purchase, am I as the "buyer" responsible to pay for property taxes?

Seller is financing land to multiple families on the same tract. Property has not been subdivided so seller just calculates an amount. He will not be able to keep up with his end of the deal as we are in contract for 5.5 acres which are now being reduced to about 4.3. I have paid two years of... Read more »

Arturo C. Aguilar
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Arturo C. Aguilar PRO label
answered on Aug 20, 2022

Contract for deed can be especially difficult to deal with. Most lawyers would agree that we would have to read your contract.

In this case, it sounds like you have voluntarily paid property taxes, and he could easily argue that this has been the oral agreement. Which most people would...
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1 Answer | Asked in Contracts and Construction Law for Texas on
Q: How do I start a law suit on a solar company. The installers caused my house to burn down

The installers had to reset the tracts across the entire roof left original holes open my house flooded they sent an inspector out he said they were at fault. The company said they would fix my roof This was in December 2020 we started having issues with the outlets and breakers popping we would... Read more »

Arturo C. Aguilar
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Arturo C. Aguilar PRO label
answered on Aug 20, 2022

I am terribly sorry this happened to you.

I recommend not taking serious legal action on your own, since there are many legal issues, deadlines and hurdles which are difficult to cross as a pro se plaintiff.

But to answer your question you would have to sue the company and serve...
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1 Answer | Asked in Construction Law and Contracts for Texas on
Q: I signed a solar contract on March 9th 2022. Contract stated install within 65 days but could have unforeseen variables

It has been 5 months and they kept blaming cps for delays. I have been in contact with CPS and they show no active work order on my account. Found out today they messed up on the contract and cps has been rejecting it. They want me to sign a new contract. Stated if I don't original contract is... Read more »

Arturo C. Aguilar
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Arturo C. Aguilar PRO label
answered on Aug 20, 2022

You should not have to sign a new contract. The former contract is valid and enforceable. If you sign the new contract, you will have waived any remedy at law or in equity.

Unforeseen variables must be reasonable, but without actually reading your contract, I cannot be for sure. Here are...
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2 Answers | Asked in Contracts and Real Estate Law for Texas on
Q: Can you sell a vacant home in need of repair in Texas as-is cash by just signing the deed of trust over and take cash?

As-is sale basically going to be renovated and sold by the buyer( it is not a professional house flipper )

John Michael Frick
John Michael Frick
answered on Aug 29, 2022

A Deed of Trust commemorates a security interest in a piece of real estate, typically a mortgage debt. The holder of the Deed of Trust does not own the home; it only owns a security interest in the home. It is unlikely that you are the party to whom the debt is owed.

You can transfer...
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1 Answer | Asked in Real Estate Law and Contracts for Texas on
Q: What are the mandatory documents for a cash as-is real estate sale in tx for a vacant home in need of renovation?

House is vacant for over 12yrs

John Cucci Jr.
John Cucci Jr.
answered on Aug 16, 2022

I hope you did your homework and dilligence.

You NEED a deed from the real owner(s) and they must sign the deed before a Notary Public. That is what will transfer ownership.

You will need more documents depending on what your research has turned up. Liens, easements, judgments...
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