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Texas Contracts Questions & Answers
1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Is my son obligated to lease he signed which requires a co-signer even if co-signer has not signed
John Michael Frick
John Michael Frick
answered on Jan 24, 2023

Yes. And if his lease agreement requires him to have a co-signer, he may already be in breach of his lease agreement.

1 Answer | Asked in Civil Litigation, Contracts and Election Law for Texas on
Q: As a notary public in the state of Texas, may I rescind a notarization?
John Michael Frick
John Michael Frick
answered on Jan 23, 2023

Rescission is not really applicable in this scenario. The notary public is not usually a party to the substantive instrument notarized. The sole role of the notary is confirming the identity of the individual whose signature is being notarized. That’s accomplished by comparing the... Read more »

1 Answer | Asked in Consumer Law, Contracts, Landlord - Tenant and Municipal Law for Texas on
Q: Dilemma: in a rental home that had main sewer clogs and landlord/owner aware for months. Now it's backing up

Into multiple different homes. This is also in a MUD district. Tenant law says 3 days to fix. Who's responsible?

John Michael Frick
John Michael Frick
answered on Jan 20, 2023

“Into multiple different homes” sounds like this is a municipal utility problem and not a landlord problem.

The landlord would ordinarily be responsible for the section of plumbing from the dwelling to the main sewer line.

This sounds more like a blockage in a sewer main...
Read more »

1 Answer | Asked in Contracts and Appeals / Appellate Law for Texas on
Q: Do I need to serve a citation for a Writ of Mandamus if the respondent and real parties of interest are able to efile?

The real parties of interest and the judge/ respondent are available to efile. So I don't know if I still need to serve them a citation.

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

It depends on whether you are filing a writ of mandamus in the trial court or in the appellate court.

In the trial court, you do need to issue and serve a citation.

In the appellate court, you do not need to issue and serve a citation.

1 Answer | Asked in Civil Litigation and Contracts for Texas on
Q: If a lawyer signs a contract for a flat fee can they start charging you hourly and threaten to drop you if you don’t pay
John Michael Frick
John Michael Frick
answered on Jan 18, 2023

In general, a lawyer is obligated to honor the terms of his contract. If he/she says he is going to charge you a flat fee (for example, to prepare and file a lien affidavit or to draft a will), he/she cannot come back later and charge you an hourly fee for the same work covered by the flat fee... Read more »

2 Answers | Asked in Bankruptcy, Contracts, Real Estate Law and Civil Litigation for Texas on
Q: What kind of lawyer do I need juan paid double for void judgement and got court findings omitted 05-22-00767-C

S properties had liens section 5.085 of the Property would that help me ge

the highest bidder, which is J. Favela. J. Favela filed bankruptcy on behalf of

Empire Prime Capital Investing, Inc. ("Empire"), just four days after this Honorable Court told

Favela that he... Read more »

John Michael Frick
John Michael Frick
answered on Jan 15, 2023

It sounds like this is a matter that has been litigated and is on appeal. So I would recommend a civil appellate lawyer.

It might help if the appellate lawyer has some experience or general knowledge of bankruptcy law as well.

You should anticipate such a lawyer will charge...
Read more »

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1 Answer | Asked in Business Law, Consumer Law and Contracts for Texas on
Q: Can I sue for posession of titles if a lease agreement is predatory.

I have several leases for Semi trucks thru a company called Drivenow. I purchased them for a certain amount of years and a certain price. I have been paying some of these for way longer then the term of the loan and the balance seems to never come down. Now after paying for these trucks for longer... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

You may have a claim here. I need to read your contracts, see your rate, and review your payment records.

2 Answers | Asked in Contracts and Employment Law for Texas on
Q: I’m in Texas, My contract has an “at will” (8week notice required) clause, is this absolutely enforceable if I quit?

Live in Texas, but work remotely for the company which is based in Detroit, Michigan. They gave me a retention bonus through July, which I have to pay back whether they terminate me or I resign. But, this 8-week notice requirement is next to the “at-will employment” term, so is this enforceable... Read more »

John Michael Frick
John Michael Frick
answered on Jan 8, 2023

It’s not illegal per se, but I’m curious what damages your employer can seek if you depart early. Maybe forfeiture of accrued but unused PTO?

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1 Answer | Asked in Contracts, Personal Injury, Civil Litigation and Landlord - Tenant for Texas on
Q: Hotel I was staying at had a huge fire and all the residents were displaced, can't get my belongings. What are my rights

Hotel did not reach out to know where I spent the night or if I was ok, nothing. No communication from the hotel at all since the fire.

John Michael Frick
John Michael Frick
answered on Jan 8, 2023

Usually, in the event of a fire like this, you would submit a claim under your own renter’s insurance policy to your insurance company. Most such policies provide for both temporary living arrangements as well as replacing your personal property.

Your landlord (the hotel) would deal...
Read more »

1 Answer | Asked in Civil Litigation, Construction Law, Contracts and Landlord - Tenant for Texas on
Q: Seller enters into verbal contract with buyer for two distressed houses. Years later Seller says you were renting!

The home seller in this case specializes in buying extremely distressed properties, hiring cheap labor to fix them up, then offers them to people with poor credit at high interest. One of the contractors who worked on a lot of the houses entered into verbal agreement to buy two houses on two... Read more »

John Michael Frick
John Michael Frick
answered on Jan 1, 2023

Contracts for the purchase of real property are required to be in writing. There is no such thing as a verbal contract to buy a house.

You can verbally rent a house on a month-to-month lease.

2 Answers | Asked in Contracts and Copyright for Texas on
Q: What to add in an art contract to sell for profit later?

The artist gave me a drawing and says i will have total rights to do whatever i want with it. I want to sell the same drawing to multiple people and publicize it. What things should i include in the contract that basically says, the artist's drawing is no longer theirs and I can sell and do... Read more »

Steve Charles Vondran
PREMIUM
Steve Charles Vondran PRO label
answered on Dec 17, 2022

A copyright assignment agreement is an important document that makes terms between the assignor and assignee about transferring ownership of a copyright. The essential elements contained in a copyright assignment agreement include terms regarding the duration of the license and geographical region... Read more »

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4 Answers | Asked in Contracts, Criminal Law and Real Estate Law for Texas on
Q: Can we sue the previous owners of a home we just bought for falsifying their Seller's Discloser?

We purchased and closed on a home July 19, 2022. The Sellers falsified information on the real estate home disclosure form. Because they stated that everything was in working condition and failed to disclose many hazardous matters that they were apparently aware of, along with literally covering up... Read more »

John Michael Frick
John Michael Frick
answered on Dec 8, 2022

It depends on what, if any, warranties you received when you purchased the home. Most previously-owned homes are sold as-is, meaning the buyer is not relying on any representations or promises from the seller regarding the condition of the home.

It is unsettled as to whether you can...
Read more »

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2 Answers | Asked in Contracts for Texas on
Q: Is it worth, if a dealership sold me a vehicle and didn't tell me it was in a accident? Even showed truck history clean
John Michael Frick
John Michael Frick
answered on Dec 8, 2022

If it is a used vehicle, most used vehicles are sold as-is. That means that the buyer isn’t relying on anything the seller may have said about the vehicle’s condition.

If you can prove that the seller knew the vehicle had been in an accident, positively represented it had not, and the...
Read more »

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1 Answer | Asked in Contracts, Family Law and Landlord - Tenant for Texas on
Q: I am needing to know if the lease my brother had written up is good. I can send an unsigned copy. I can explain my ?

My son at the age of 36 has been living with me for over a year. My brother is now trying to remove him from my home and property I live on. I have paid an additional $100 for December rent. According to my new lease my son is considered a guest and will only get to stay thru December. I also would... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Dec 4, 2022

You can retain a lawyer to review the lease, My case is the fee will be about $175.00

1 Answer | Asked in Business Law, Contracts and Real Estate Law for Texas on
Q: Can a seller change their mind and backout after closing papers are signed?
Jaime Victor Papa
Jaime Victor Papa
answered on Nov 30, 2022

I would need to learn more about your case. It is unclear what is being sold.

1 Answer | Asked in Contracts, Employment Law, Tax Law and Landlord - Tenant for Texas on
Q: Employment offer letter states housing provided at (blank) property. No details, what is or isn’t allowed?

Housing provided = 2 bed, one couch bed rv camper trailer. Details of said housing were not outlined in employment contract/offer letter. We are now purchasing a mobile home (larger/more permanent adequate). Company owner is allowing placement on the property. We do not pay rent, but portion of... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Nov 30, 2022

I would need to reach the contract to determine if there is a breach.

1 Answer | Asked in Civil Litigation and Contracts for Texas on
Q: I live in Dallas and approximately two years ago my husband and I were scammed into a solar panel lease.

About two years ago we got solar panels. The representative promised us that this was a good investment because we would never receive an electric bill again. Overall what convinced us to get the solar panels was that he told us we would get a 26% cash back check when it was tax season and it would... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Nov 30, 2022

I am working on a case like this currently and am preparing to sue the solar panel provider as well as the finance company that financed the loan for the equipment. You may have a several valid causes of action here, but I would need to read your contract to make a determination.

2 Answers | Asked in Education Law and Contracts for Texas on
Q: Does the school owe me more? Or no? Their website said the school could be finished 100% online, but now it can't.

2 months, with school that is with the Texas tdlr, has to drop out this month. I emailed questions before starting to make sure the program was fully online as the school's website stated, I have the school email stating it is fully online, in their handbook it states can finish 100% online.... Read more »

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

It could be a misrepresentation depending upon what they knew and intended at the time they set up their website, sent the email, published their handbook, and promised you could finish online. Or it could simply be a breach of contract. Or it could be something completely outside of their... Read more »

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2 Answers | Asked in Contracts and Business Law for Texas on
Q: If I sell my business on contract & the buyer does not pay - can I foreclose on the buyer's house or other collateral?

Wondering if a business sale contract gives similar protection benefits to something like a mechanic's lien - where the debt can be secured with property or other collateral.

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

The sale of a business can be collateralized just like other transactions. As long as real estate securing the transaction is not a homestead, real estate can secure the transaction. This is commonly done with a deed of trust.

Perfecting a security interest has different requirements...
Read more »

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1 Answer | Asked in Contracts for Texas on
Q: Is storage facility responsible for mold damage in a climate controlled storage facility due to malfunctioning AC?
John Michael Frick
John Michael Frick
answered on Nov 22, 2022

Typically no. But your self storage rental insurance policy may provide coverage for damage to your property. Read your policy carefully though; some contain mold and mildew exclusions.

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