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Texas Contracts Questions & Answers
1 Answer | Asked in Contracts for Texas on
Q: misrepresentation caused by the third party.

Who should be held liable if an agent acted truthfully on behalf of the principal in mistake and misrepresentation caused by the third party.

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 23, 2022

This does not sound like a crime but rather a contract dispute that belongs in civil court. Most crimes with a financial component require proof, beyond a reasonable doubt, of intent to harm another or deprive them of property or at least some sort of reckless disregard for dangerous or risky... Read more »

1 Answer | Asked in Contracts, Family Law, Probate and Estate Planning for Texas on
Q: How do I prove i signed a will under false pretenses ?

Back in October of last year, my partner was diagnosed with cancer, His daughter came to where we reside and had been discussing power of attorney with me and I said yes I would let her be responsible for his healthcare should his condition worsen after his surgery. My partner was at a hotel and... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Apr 14, 2022

Wills can be revoked. The easiest way to revoke them is to get them back and burn or shred them. I suspect that will be difficult to impossible in your case, however, so you will have to use the other method, which is to do new wills that expressly revoke all prior wills. Then entrust them to... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for Texas on
Q: In Texas, what can I use to amend a complaint to add an additional plaintiff to the lawsuit? And do I add evidence?

Its a trial de neuvo and I want to add a plaintiff to join me not sure if I must write an introduction or state other facts. Or must it be a motion?

John Cucci Jr.
John Cucci Jr.
answered on Apr 11, 2022

TX rule of Civil Procedure 502.7 is the rule to follow to amend your petition. A portion of that Rule is as follows:

a)Amending Pleadings. A party may withdraw something from or add something to a pleading, as long as the amended pleading is filed and served as provided by Rule 501.4 not...
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1 Answer | Asked in Contracts and Divorce for Texas on
Q: My lawyer send a deed of trust for the house im keeping, but in the deed I'm grantor and the other beneficiary

In consideration it says beneficiary has conveyed the property to Grantor, who as part of the consideration promised to pay the note assumed and to be bound by the deed of trust assumed. Just want to reaffirm that I will keep the property and will not give it to opposing party

Jennifer S. Hargrave
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Jennifer S. Hargrave
answered on Apr 4, 2022

In Texas, there are multiple real estate documents that get filed when one party is "buying" the other party out of the marital residence. This can be confusing because there are several documents that have "Deed" in the title. Here is an overview of what you need to know when... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Lease was up. Never went in to sign a new lease. Behind on rent due. Got Eviction notice

Called and talked to her have done a promise to pay before said she don't do that when I have done it before. Told her I was waiting on taxs due to losing job thought they would have came in by the day I said but the did not. Can i still get evicted if I never signed a new lease? And would she... Read more »

Leroy Scott
Leroy Scott
answered on Apr 3, 2022

Yes, a landlord can evict a tenant even after the lease has expired. Without more information, it's hard to answer the second question about the date being wrong.

1 Answer | Asked in Contracts, Business Law, Collections and Small Claims for Texas on
Q: I bought a car and have proof they have received all the money owed. The person who sold me the car had a lien on the

Title. The car was repossessed after I fired their son and I guess they stopped making payments then. The Lien holder gave me the car with my name as the customer without any payment due and I have a paper with all information saying so. Would the car then be mine?

The first part of the... Read more »

Leroy Scott
Leroy Scott
answered on Apr 3, 2022

If you only paid the lienholder, but not the actual seller, then the vehicle would still belong to the seller. The lienholder can only release its lien; it cannot give you title to the vehicle (unless the lienholder had repoed the vehicle).

If you only paid the seller, but not the...
Read more »

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: Can I get commission if I have a buyer rep agreement but my buyer decided to go directly thru a new build without agent?

My client sent me a text they were going to work directly with new builder and decided not to put me as their agent. I do have a buyer's rep agreement and was wondering if I could still get a commission from the sale. I spoke with sales-rep and they said if buyer did not include me, I would... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Mar 13, 2022

I can tell you that whether or not you can enforce the buyer rep agreement depends on the exact language in the agreement. The fact that the buyers want to change the terms or their obligations, means nothing if they breach the agreement you both signed. Many new builders, insist on a certain... Read more »

1 Answer | Asked in Tax Law, Contracts and Employment Law for Texas on
Q: Can an employer deduct taxes from a settlement? Employer agrees to pay 3,000 in damages instead pays 2,500 after taxes

I presented my employer proof of employment discrimination and signed an agreement to receive money and not pursue a lawsuit. I was deposited less than the money agreed. The company claimed they deposited less because they withheld taxes from the net pay.

Linda Simmons Campbell
Linda Simmons Campbell
answered on Feb 17, 2022

If the settlement replaces lost wages those funds are taxable.

1 Answer | Asked in Contracts, Real Estate Law, Civil Rights and Constitutional Law for Texas on
Q: hi

So i believe that yesterday i have been rudely denied FHA due to nation origin/race.

i have an entire night of conversation via iMessage and Roomies.com with Mr. X wife about how everything is going to be. Pet deposit $300, rent per month $450, Mr. X accepted my $300 deposit after he... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Feb 5, 2022

If you like the apartment, take it. But if it a month-to-month tenancy, I might tell you not to move in.

Go with your gut, and stick to your decision.

You will need actual proof of discrimination to do anything on that front.

I hope it works out.

Good Luck!

1 Answer | Asked in Contracts, Workers' Compensation and Construction Law for Texas on
Q: If I work on the house I'm living in can I charge my landlord for the labour I put in

My landlord basically said If I hire someone to work on my house then he will not pay for the labor but he didn't say if I worked on the house that I couldn't charge him for labor

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Jan 13, 2022

No. You would need a contract. Otherwise it would be deemed a gift. Contracts involving real estate need to be in writing. This would be a contract for services so I not too sure. Always better to have something in writing. Good Luck.

1 Answer | Asked in Contracts and Personal Injury for Texas on
Q: If a disclaimer is legitimate for the liability of a guardian

An adult takes a minor that is not their child to a trip. Would a disclaimer with the minor's guardian make sure that the adult is not responsible for any accident happen during the trip?

Tim Akpinar
Tim Akpinar
answered on Jan 3, 2022

A Texas attorney could advise best, but your post remains open for two weeks. As a general matter nationwide, some courts tend to frown upon certain types of injury disclaimers from the standpoint of public policy, despite the fact that they are used. You can continue to await a response here, but... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Collections and Energy, Oil and Gas for Texas on
Q: How do I get out of a bad solar contract?

We got ripped off by a solar company in 2020, when we were busy working 16+ hour days while taking care of kids at home. The salesperson said that the panels would cover 100% of our electric needs but it only covers 75% at best and the payments are as much as the electric costs without solar. The... Read more »

Aimee Hess
PREMIUM
Aimee Hess
answered on Dec 21, 2021

unfortunately, you can't simply "remove" a UCC financing statement. It has to be done either by court order after a lawsuit or by agreement of the parties. What your rights are regarding these representations depends in large part on what your contract with the solar panel company... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Texas on
Q: Mentor and breached contracts.

I had a mentor that would have me sign contract with “businesses” that were really not real. Not only were they not real but I was paying him upwards of 4000 a month to him. $300 was legitimate as he would meet with me as a mentor. I however have a contract through him with his parents who i... Read more »

Teri A. Walter
Teri A. Walter
answered on Dec 16, 2021

It sounds like you have multiple contracts with this person, and he has multiple assumed names (the business names on the contracts.) If you are not receiving the services you contracted for, you may be due a refund.

As to the car, it's impossible to tell from your description...
Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Texas on
Q: I had an an attorney send me a demand letter stating I had 3 days to give them money

So details ( I’m not delinquent on rent) I have a friend who had kidney disease and was on dialysis. He couldn’t work and was on his death bed. I took him in and made sure he went to his appointments and he was on disability but it barely covered anything. His dialysis clinic let him know of a... Read more »

Teri A. Walter
Teri A. Walter
answered on Dec 13, 2021

Your rights are limited to the terms of the lease you signed. The fact that the manager may know that your friend is there doesn't change the terms of the lease.

1 Answer | Asked in Contracts for Texas on
Q: In Birkel v. Hassebrook Farm Services, 219 Neb. 286, what is the issue, what is the holding and what is the reasoning?
Teri A. Walter
Teri A. Walter
answered on Dec 6, 2021

If you are asking for someone to explain a particular case to you, (and presumably, determine whether and how it affects your situation), you need to consult an attorney. This forum is for general legal questions.

In general the issue in a case is the particular legal question before the...
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1 Answer | Asked in Contracts, Criminal Law, Family Law and Real Estate Law for Texas on
Q: Ohk. 5years I've been with Matthew in total. First 2 years we lived in the same house as his grandparents.

I claimed they had mold, they told me I had to get a mental evaluation or I'd be evicted I knew I wasn't crazy refused and was evicted. Shortly later I was let back into the residence. For about another year I was called crazy this and that so went to FL. For mental rehabilitation. So... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Dec 1, 2021

Well, here's the problem. You haven't asked a question or sought any legal analysis from us. I really don't like to assume that I can read your mind and determine what is is you want to know. However, if you want to know whether you can be kicked out of this residence, then the... Read more »

1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: Predatory lender gave false, misleading information in contract and will not provide proper receipts of payment

I was targeted by an aggressive door to door salesman, I was coerced and pressured into signing a contract for a Kirby vacuum and promised monthly payments of $105.49, $2,800 payoff before 36 months and $3,797.64 if I’m still paying after 36 months, 21% interest rate. I was turned over to a... Read more »

Teri A. Walter
Teri A. Walter
answered on Nov 30, 2021

First, I recommend that everyone Always keep their own records of payments made, either by making the payments in a way that generates a record (like a check) or by keeping a copy of the payments made. That way you are never in the position of having to look for a receipt.

As to whether...
Read more »

1 Answer | Asked in Contracts and Business Formation for Texas on
Q: Ways to start a single member LLC as a subsidiary of a multi-member LLC for a retail store? Need 100% control.

I have 60% of the company and want to keep the same branding. But need to have full control of the new line. Can this be as simple as putting the agreement in the operating agreement and filing for a single member LLC where I have 100% control. My main goal is to keep the branding and customer... Read more »

Teri A. Walter
Teri A. Walter
answered on Nov 19, 2021

It's doubtful that you could assume complete control of a product line of the original LLC simply by starting a new LLC, and even taking a new business opportunity from the original LLC may be problematic. Presumably you would also need to have ownership of that product line & branding... Read more »

1 Answer | Asked in Contracts for Texas on
Q: Independent contractor lost opportunity

I had an opportunity for a high rate consulting opportunity with a former client

They contacted me with a intermediate company who agreed I could use them as a third party for billing purposes provided I had a llc

I obtained the llc at a cost of 800 dollars and 4 days later they... Read more »

Teri A. Walter
Teri A. Walter
answered on Nov 17, 2021

I can't tell whether you actually had a contract, or were just discussing and negotiating an "opportunity." In the meantime, it doesn't sound like you "lost" $800, but rather that you set up an LLC that you can't use for the deal you didn't get, and you can... Read more »

1 Answer | Asked in Bankruptcy, Contracts and Collections for Texas on
Q: Will I still owe my lender money from a reposed car even though they told me I wouldn’t ?

I am in Texas, and bought a car from a Buy Here Pay Here dealership a few months ago. I ended running into financial troubles, and the car was repossessed. Because my financial situation was so bad at the time, I ended up letting the car go. After doing some research I learned they could still... Read more »

Timothy Denison
Timothy Denison
answered on Nov 6, 2021

They can still collect it and will attempt to collect it in the future. Be very careful dealing with the car lot.

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