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Texas Contracts Questions & Answers
1 Answer | Asked in Contracts, Employment Law, Arbitration / Mediation Law and International Law for Texas on
Q: I am freelancer from Pakistan, working for a US firm. Employer is delaying my payments.

Hi, I am from Pakistan. In the field of IT I am working as a freelancer/contractor for many years now and most of my clients/employers are from the US. I signed a work agreement (payment by hourly basis) as Contractor with a US based resource company in November 2021. I have been getting all my... View More

James L. Arrasmith
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answered on Jul 20, 2024

It sounds like you’re dealing with a very frustrating situation. It's essential to address this issue promptly to ensure you receive the payments you’re owed. One option is to thoroughly review your contract to understand your rights and any clauses regarding late payments or dispute... View More

1 Answer | Asked in Contracts for Texas on
Q: Can my friends dad take my motorcycle from me?

My friend purchased a motorcycle for me with the verbal agreement I would make payments to him. I have my bike. My friend was killed on the 4th of July. Can his dad take my bike? What can I do? My friend was the owner of a motorcycle shop and was going to put the title in the shops name till I... View More

John Michael Frick
John Michael Frick
answered on Jul 9, 2024

Ownership of a motor vehicle, including a motorcycle, is passed by signing and delivering the certificate of title over to the new owner. This is commonly known. If the title to the motorcycle is in your deceased friend's name, it passes to his heirs either according to his Will (if he had... View More

1 Answer | Asked in Real Estate Law and Contracts for Texas on
Q: Can someone demand past house pymts over a year later, without sending notice of late pymt EVER?

We are purchasing an owner financed home for $27,000 6% interest,15 year. We bought it 2012, the man we are purchasing from, is now in assisted living, & son has taken over businesses, we found out we haven't had insurance for over a year (that we paid for) so son starts looking into... View More

John Michael Frick
John Michael Frick
answered on Jul 3, 2024

Yes. The statute of limitations for breach of contract is four years. As a condition precedent to collecting attorney fees in a suit for breach of contract, he is required to make a written demand for payment at least thirty days before bringing suit. If you pay the demand within thirty days,... View More

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Banking for Texas on
Q: I am one day away from closing on a home, but underwriter denied the loan .how can i get my earnest money deposit back ?
John Michael Frick
John Michael Frick
answered on Jul 2, 2024

If your earnest money contract included the standard Third Party Financing Addendum and the box at the top of section 2 A is checked, obtaining Buyer Approval by the financing entity was a condition precedent and you are entitled to give notice within the days specified in that section terminating... View More

1 Answer | Asked in Contracts for Texas on
Q: About 2 months ago my employer gave me a loan for $3500 for a dwn pymnt on a vehicle and. can she keep it if its finance

In the loan it mentioned if i quit or got fired that i would have to pay the loan immediately, i got fired and before i knew it. she went through my personal items and took my keys. when it was time to leave she had my car in her possession. In the contract it did not mention my car as collateral.... View More

John Michael Frick
John Michael Frick
answered on Jun 28, 2024

No, your employer cannot keep the car. You should file an action in justice of the peace court for replevin to get a court order to get your car back. Expect your employer to countersue for a judgment for the balance you owe to your employer for the loan given to you. Because your contract does... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Business owner Dallas Texas commercial Triple nnn lease agreement. What are tenant expense rights.

This is in Dallas Texas. Need a lawyer to look over my commercial lease agreement - agreement is a Triple nnn lease. I want to know my rights as a tenant in respect to the expenses the landlord says I have to pay and also if I have a say in those expenses such as how much I want to pay, to whom is... View More

John Michael Frick
John Michael Frick
answered on Jun 26, 2024

In a typical triple net lease, a commercial tenant pays a pro rata share of the taxes, insurance, and common area maintenance expenses incurred by the landlord typically based on a ratio of the square footage of the space rented by the tenant divided by the total rentable square footage of the... View More

1 Answer | Asked in Contracts, Real Estate Law, Tax Law and Banking for Texas on
Q: if someone doesn't get notified about a death or a court order or get any of the notices due to everyones agreed not to

like information on DNA or real parents or being part of DoD research in hawaii 68 thru 75 to present and not by choice

James L. Arrasmith
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answered on Jun 11, 2024

I understand this is a very difficult and painful situation. If someone was subjected to research without their knowledge or consent, especially as a child, that is a terrible violation of their rights. Not being informed about important life events like the death of a family member or court... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: I live in apartment, requested to do a transfer to a smaller unit, and at the day of move in, they told me to pay 1700

I was never told about the extra payment, and it was told at the last second. They told me that nothing changes and everything stays the same, this month one price, next month lower price. There was no addition fees because I've been told that.

John Michael Frick
John Michael Frick
answered on May 31, 2024

While your inquiry does not contain a question, your rights and duties as a tenant depend on the content of the agreement reached between you and your landlord as stated in your lease agreement. If, in your lease agreement, you agreed to pay $1,700, then that is what you committed yourself to pay.... View More

3 Answers | Asked in Admiralty / Maritime, Contracts, Business Law and Social Security for Texas on
Q: What are the powers that an authorized agent has to act on an account for the principal?

Accepting and transferring balances to the principal account

John Michael Frick
John Michael Frick
answered on May 28, 2024

An authorized agent has whatever powers the principal has given to the agent acting on his/her/its behalf. An agent has a fiduciary duty to act honestly in accordance with the principal's instructions in good faith with utmost loyalty to the principal and to refrain from self-dealing.

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3 Answers | Asked in Admiralty / Maritime, Contracts, Business Law and Social Security for Texas on
Q: What are the powers that an authorized agent has to act on an account for the principal?

Accepting and transferring balances to the principal account

James L. Arrasmith
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answered on Jun 2, 2024

As an authorized agent on an account, you have the power to perform specific financial actions on behalf of the principal. These actions can include accepting and transferring balances to the principal's account. Essentially, you manage financial transactions that the principal has entrusted... View More

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1 Answer | Asked in Contracts, Animal / Dog Law and Landlord - Tenant for Texas on
Q: Can I legally break my lease without penalty? Texas

My rental home caught fire due to a faulty breaker on the first day I moved in, leaving me without air conditioning or heat for five days.January 18th–23rd. During this time, the temperature dropped below freezing, making it gruesomely chilly inside the house. I boarded my dogs ($267) for five... View More

John Michael Frick
John Michael Frick
answered on May 20, 2024

Under the facts you describe, you cannot legally break your lease without penalty. Your pet deposit is intended to cover any damage to the premises caused by your dogs during your occupancy of the premises. If there was a legitimate casualty loss which precluded you from occupying the premises... View More

1 Answer | Asked in Contracts, Employment Law and Employment Discrimination for Texas on
Q: How can I recover due wages, commissions, tips, that employer won't pay without going to twc.

I am due pay, however there are contracts that's may not be valid,

John Michael Frick
John Michael Frick
answered on May 15, 2024

The employer could decide to pay you. But if the employer refuses, the easiest and quickest way to get paid is to file a wage claim with the TWC. Unlike lawsuits which take years, a wage claim with the TWC is routinely resolved in a matter of months.

1 Answer | Asked in Contracts for Texas on
Q: i want to terminate my contract with a pest control company because i can no longer afford it.

They say I will have to pay through the year.. totalling $1200.00 since I signed the contract. They aren't going to be doing the service.. am I bound to that payment?

John Michael Frick
John Michael Frick
answered on May 7, 2024

It depends on what you agreed to in your contract. One year pest control contracts are legal and are common.

If the contract was solicited by a door-to-door salesperson, the three-day rescission rule applies. See linked article for how that rule operates:...
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2 Answers | Asked in Employment Law, Contracts and Estate Planning for Texas on
Q: When writing to companies about late husbands benefits can this just be ignored?

I wrote to Insperity Holdings about my late husband's estate and and investment account, since Insperity Holdings is the HR company for the company my husband worked for. I wrote another important person high up in the company, never have heard a word from either of them. Aren't they... View More

Gratia "Grace" P. Schoemakers
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answered on May 6, 2024

Without knowing the situation, it is possible the accounts had a Beneficiary designation on there that was NOT you.

If the money went to someone else, you have no right to know about this, as you are not the beneficiary.

If the accounts had no beneficiary, then you should go through...
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2 Answers | Asked in Employment Law, Contracts and Estate Planning for Texas on
Q: When writing to companies about late husbands benefits can this just be ignored?

I wrote to Insperity Holdings about my late husband's estate and and investment account, since Insperity Holdings is the HR company for the company my husband worked for. I wrote another important person high up in the company, never have heard a word from either of them. Aren't they... View More

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

First and foremost, file an application to probate your late husband's Will or his estate if he didn't have a Will at the time of his death.

If you are appointed as the personal representative of your deceased husband's estate (either as the executrix of his Will or as the...
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1 Answer | Asked in Banking, Business Law, Consumer Law and Contracts for Texas on
Q: BCHAPTER III - CREDIT REPORTING AGENCIES Sec. 1681i - Procedure in case of disputed accuracy.. how to check

I might have a case for this but I wanna make sure...

Matthew McKenna
Matthew McKenna
answered on Apr 26, 2024

In order to get procedures from a credit reporting agency, you'll likely need to sue them and ask for the procedures in discovery. They will likely only hand them over under a protective order. I would contact a consumer protection attorney that is familiar with the Fair Credit Reporting Act.

1 Answer | Asked in Contracts, Employment Law, Estate Planning and Banking for Texas on
Q: Statues of limitations where do I send annuity checks that were written 2010?

I called Nationwide Bank to get canceled checks of my annunity checks that were cashed by someone else in June of 2010. The representative at Nationwide bank told me I had to report it to the Department of Labor, I called DOL, I was told they didn't handle this. Can anyone tell me who I can... View More

James L. Arrasmith
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answered on Apr 21, 2024

I apologize for the confusion and difficulties you are facing regarding your annuity checks from 2010. Here are a few steps you can take to address the situation:

1. Contact the annuity provider: Reach out directly to the company that issued the annuity. They should have records of the...
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1 Answer | Asked in Business Law, Contracts, Consumer Law and Small Claims for Texas on
Q: Where do I file a small claim against a corporation headquartered in Ohio but conducts business in Houston, Texas

The Company is Divisions Maintenance Group in Ohio but operates a handyman app that provides a job load board for technicians anywhere in the nation. As we perform maintenance jobs for businesses in our local region, the businesses pay Divisions Maintenance Group for our services, and we get paid... View More

John Michael Frick
John Michael Frick
answered on Apr 19, 2024

In justice court, a suit on an oral or written contract for labor actually performed may be brought in the county and precinct where the labor was performed. TCPRC 15.092. So in the JP court for the precinct where the Sam's Warehouse where you performed the services is located.

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Do I have a case if we were prematurely moved into an apartment complex and the wiring almost burns down the apartment?

We moved on April the first and was moved to a hotel yesterday due to wiring issues. When we first moved in the apartment had no AC and the breakers were tripping left and right until yesterday. We were told there was an issue with the wiring. The actual electrician let me know that the meters were... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information you've provided, it seems that you may have a potential legal case against the apartment complex. Here are a few reasons why:

1. Habitability: Landlords are required to provide tenants with a habitable living space, which includes functioning electrical systems...
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1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: I have a lease with 2 other people joint and severely. 1 roommate left with little to no notice.

The landlord doesn’t care and me and the other Roomate and I are stuck paying the full amount. In turn we have offered/asked to break the lease in various ways. The only way he will allow us to break the lease is if we put it online like zillow handle the showings and bring him applications. Are... View More

John Michael Frick
John Michael Frick
answered on Apr 15, 2024

The landlord has no duty to mitigate as there has been no breach of the lease. When you sign a lease with other people jointly and severally, that means that each tenant is independently responsible to pay the landlord the full amount of rent owed, and the tenants will work out among themselves... View More

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