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Texas Contracts Questions & Answers

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 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 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 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 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 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 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.?

1 Answer | Asked in Contracts for Texas on

Q: I signed a contract with a moving/storage company at the request of my cousin, am I or my deceased cousin the owner?

My cousin died, perhaps intestate. The company will give me access to the contents store, which include any legal paperwork she had, so I will be able to search for a will. I would like to move the contents to a storage unit closer to my location, but have been informed that I may not be able to.... Read more »

Bruce Alexander Minnick answered on Jul 22, 2019

All you need to do to get the contents is to pay all the storage fees.

1 Answer | Asked in Civil Rights, Constitutional Law, Contracts and Criminal Law for Texas on

Q: What are the ADA regs concerning signing a document when visually impaired?

I was told to sign a bond with, conditions attached, and the cops lied to me about what it contained. I told them I could not read anything without my glasses and they would not read it to me. They just told me to sign it if I wanted out. This sheriff's dept. has a very bad, documented, reputation.... Read more »

Bruce Alexander Minnick answered on Jul 5, 2019

The Americans with Disabilities Act does not cover altercations with law enforcement officers. Hire a Civil Rights lawyer in Texas to help you.

1 Answer | Asked in Bankruptcy, Consumer Law and Contracts for Texas on

Q: In Texas, should a motion to compel arbitration be included with answer to lawsuit or can it wait?

Being sued by JDB, robo signed lawsuit Im sure. I may file bankruptcy, as I am within means test easily, but would obviously prefer not to do this. I can require arbitration from the original contract to possibly get the JDB to back off, just unsure if motion to compel arbitration should be... Read more »

Timothy Denison answered on Jun 18, 2019

Include ilarbitration in answer just to be safe.

1 Answer | Asked in Contracts for Texas on

Q: I cosigned for a car for my brother. Our verbal agreement was if he could no longer pay on it, i was going to take it.

I did, found someone else to pay for it. Now he is on drugs and called the police about the car. Is there anyway i can keep him from having any legal right to the car since he forfeited by not paying? He is a parolee, showing signs of mental illness or the drug abuse.

Bruce Alexander Minnick answered on Jun 18, 2019

If the police ever contact you about this silly situation just tell the police that you are a co-owner of the car and did not "steal" it from your brother. They already know he is a parolee, which will not help his case.

1 Answer | Asked in Contracts, Employment Law, Appeals / Appellate Law and Business Law for Texas on

Q: Is non-compete likely enforceable?

I am an associate dentist in Texas. I signed a do-not-compete with my previous office (a DSO) for 10 miles for 2 years after leaving (It has now been ~1/2 yr). I left due to the company trying to move me into another office (I did not agree to this per the contract) after working there ~1 year. The... Read more »

Bruce Alexander Minnick answered on Jun 5, 2019

You have raised several important facts that may enable you to avoid the larger issue altogether. Hire a local lawyer in San Antonio and ask them to tell you if the way you were treated under the written employment agreement is bad enough to support a case of breach; if it is, have your lawyer try... Read more »

1 Answer | Asked in Business Law and Contracts for Texas on

Q: Have signed contract w GC- he was paid but he didn’t pay his subs for work done. What is my liability - if any?

I have a signed contract with a GC and have paid him 2/3 of the contracted amount. He wanted more $ because he had spent on work done- when I asked him to show receipts he could only produce a little under 1/2 of what I PD him and left his subs owing them.

It’s commercial RE- space build... Read more »

Bruce Alexander Minnick answered on May 27, 2019

The terms of your commercial contract will control this situation.

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Antitrust for Texas on

Q: Vehicle was hit by another vehicle. Took it to paint shop. Went over the insurance estimate and removed a few items to s

Save some money. When I went to pick up my vehicle all the repairs were done very bad. Very bad.

Then when I got the final invoice the paint shop has changed all the numbers around to make the final bill to equal the original estimate.

Which they had already sent a supplement to... Read more »

Gary D. Peak answered on May 9, 2019

The question is, do you have your vehicle or is it still at the shop? If they still have it I would get an attorney to write a demand letter for the car and regarding the bill. If not, you can simply refuse to pay and if they report it to the credit bureaus then sue them, or if they sue you, file... Read more »

2 Answers | Asked in Contracts, Personal Injury, Products Liability and Civil Litigation for Texas on

Q: Why is it that lawyers get such a high percentage of people's settlement I mean don't get me wrong they deserve some but

But they are not the ones that are in pain and I have a law firm that is very rude to me when I call to cheek on the status of my case and no I call maybe every other month and I have never seen or talked to a lawyer only a case manager I feel like they are not handling my case propperly I have... Read more »

Gary D. Peak answered on May 6, 2019

Schedule an in person appointment and go visit with your attorney. Write out the questions you want to ask them so you don't forget any.

One to ask is when is the case going to mediation and why haven't we mediated already? Most cases settle at mediation.

Now, that said, personal...
Read more »

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1 Answer | Asked in Contracts, Employment Law and Business Law for Texas on

Q: Is it legal for a property management company to force a contractor to fill out a questionnaire inquiring if we the con

Is it legal for a property management company to withhold payment and force a contractor to fill out a questionnaire inquiring if we the conTractor or contractor’s employees are part of any civil or criminal actions, administrative, or legal proceedings? Not that we are but I found it odd that... Read more »

Bruce Alexander Minnick answered on May 3, 2019

Yes, it is perfectly legal for property management companies to require such sensitive information from contractors, as well as all other venders. In fact, many property management companies require vendors to post surety bonds before hiring them.

Bottom line: If you ever want to work for...
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1 Answer | Asked in Contracts and Consumer Law for Texas on

Q: I got lease with Carvana in September 2018. I haven't received actual tags because the state rejected them. Remedies?

I have been receiving the run around from them for months and at one point was told that it was my fault and then today I was finally told it was an issue on their end. I have been paying monthly on a car that I can't even drive. As the state keeps rejecting the registration I'm unsure if I'll ever... Read more »

Bruce Alexander Minnick answered on Apr 30, 2019

It is very hard to believe that this has been going on since September 2018. Why? Unless you are able to drive the lease car there is no reason to continue paying for it. The company that OWNS the vehicle is responsible to see that the vehicle can be driven lawfully in Florida, and see that the... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Texas on

Q: Reletting fee for moving out early in my apartment but they never fixed our appliances and still have a roach issue.

My discussions with the apartment about the appliances have been face to face but it seems like there has never been a work order. They have done a spray for roaches 3 times but nothing stops the roaches from coming back. Now that our garbage disposal is broken its harder to wash dishes and make... Read more »

Bruce Alexander Minnick answered on Apr 16, 2019

If your lease calls for a "reletting fee" when moving out before the end of the lease term then you agreed to pay the reletting fee when you signed the lease.

1 Answer | Asked in Contracts, Landlord - Tenant, Consumer Law and Products Liability for Texas on

Q: Void a rental contract because smells of the previous tenants death (unattended).

I signed into a least contract that was deceptive at viewing I learned too late. all windows were open at showing, I thought to show off the many windows in the unit. It was a look and lease and after signing and paying, the finally gave me keys. when windows closed smells of death. previous tenant... Read more »

Bruce Alexander Minnick answered on Apr 15, 2019

You may have sufficient legal reasons to allow you to get out of this lease; However, you should take the lease and all related documents to a local lawyer and ask for their assistance.

2 Answers | Asked in Contracts and Entertainment / Sports for Texas on

Q: How Much Should I Charge for Using My Image?

So let me start by stating that I know I need an agent ASAP and I'm in the process of getting one. My question is about a well known movie theatre company using my image. I responded to a post that asked for models for a 'test shoot' and that they would choose from us those who would film a... Read more »

Jason Brooks answered on Apr 9, 2019

Your rate depends on a variety of factors, including the scope of their use -- for example, where will they be using your image and for how long? In what capacity can they use it? Also your own stature as a model/actress/celebrity factors into this equation.

An agent or an attorney can...
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