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Texas Contracts Questions & Answers
1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for Texas on
Q: My boyfriend lived with me for a month during my lease of 1 year. Can i get in trouble with this after my lease is up?

He was not on the lease and lease ended a week ago. However, I have a roommate who threatened to tell the landlord about this. Because the lease is now over, could I actually get in trouble for this?

Matthew Scott Williams
Matthew Scott Williams answered on Aug 7, 2020

Most likely - No, you aren't in trouble. However, some lease agreement state that a guest can only stay for a specific amount of time before they must be added to the lease. Check the lease agreement to be sure.

I would do what I could to prevent the roommate from "telling"...
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1 Answer | Asked in Business Formation, Business Law, Contracts and International Law for Texas on
Q: Can I hire international contractors for video content creation for my online only business?

I want to start an online yoga studio that provides live classes and video library of the recorded live classes. For this, I plan on working with yoga teachers from around the world.

My question is, can I form my business as an LLC and hire them as independent contractors to provide me... Read more »

Jane Kim
Jane Kim answered on Aug 7, 2020

Yes.

A business can tap into sub-contractors' labor and may solely rely on sub-contractors. It signifies that you do not have much control over their work. A good overview of what factors would be considered an independent contractor v. employee can be found here-...
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1 Answer | Asked in Contracts, Employment Law and Education Law for Texas on
Q: Is it possible to get a texas teacher certificate reinstated after it was voluntarily surrendered permanently.

I am a former educator and in october 2012 I was brought into the district for inappropriate relationship with a student. They showed text messages we shared and asked i wanted to resign or have it go public. I resigned and in January I had my teaching certificate voluntarilly surrendered without... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 24, 2020

Ask an attorney who focuses on a practice area like Administrative Law and/or Professional Licensing.

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: I would like someone to look at my management agreement and lease agreement, I hired a Realestate co to manage my renta

My management agreement ends July 23rd. The lease my tenant signed ends in January 2021. The property management company will not terminate our contract until the tenant vacates the property. Until that time they want the $100 management fee.

Tim Akpinar
Tim Akpinar answered on Jul 18, 2020

A Texas attorney could advise best, but your question remains open for three weeks. For something like this, you will need to reach out to Texas attorneys directly. The format of this Q & A board isn't really suited to posting agreements or other documents for attorneys to review -... Read more »

1 Answer | Asked in Contracts for Texas on
Q: Can a 17 year old legally sign a contract without parental consent in Texas?
Matthew Scott Williams
Matthew Scott Williams answered on Jul 17, 2020

The short answer is yes.

Generally, if the law recognizes an individual as having legal capacity and standing they can form a contract.

While a minor can enter a contract the minor - or the minor's guardian - can also void the contract. This means the adult cannot enforce the...
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2 Answers | Asked in Contracts and Energy, Oil and Gas for Texas on
Q: Someone contacted my Father and his siblings saying that there is a suspense account in the name of a deceased aunt

He said it was regarding royalties to mineral rights on land his grandfather owned with his siblings. Its ringing as a scam to me but there has to be some measure of truth to it im assuming since he seemed to have alot of personal information. How can I verify if this is legitimate? Especially if... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 16, 2020

You do not say for how long your aunt has been deceased. Even though it is probably a scam, you can search abandoned property records in Texas or any other state where she might have had any personal property. States have laws that require what they consider "abandoned" or... Read more »

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1 Answer | Asked in Contracts, Employment Law, Constitutional Law and Employment Discrimination for Texas on
Q: Discrimination during COVID 19 and sexual harassment

I was furloughed for COVID 19, and my employer said for 2 months he couldn’t afford to call me back to work. All the men in my department were back and working the whole 2 months I was gone. Now he is offering me a lower pay rate and is putting me in another department, and replaced my shift with... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Jun 9, 2020

It sounds like you may have a claim for sex discrimination under Title VII of the Civil Rights Act of 1964. To establish this claim, you have to prove you were qualified for your original job, you suffered an adverse employment action (a pay cut or demotion to a less favorable or prestigious job... Read more »

1 Answer | Asked in Elder Law, Small Claims and Contracts for Texas on
Q: someone ripped me off on home repairs

they claimed to know what to do. a local handyman service. found them on facebook marketplace. they didn't do the job right. i paid for materials and paid 500 for work. it was the underneath of the belly of my trailer. now the insulation is hanging down and the belly is on the ground- what... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on May 27, 2020

Take good pictures. Keep your written contract. File in Justice of the Peace (small claims) court.

2 Answers | Asked in Civil Litigation, Contracts and Estate Planning for Texas on
Q: Do I need a prenup if I am in a 12 year relationship with no plans on getting married in the near future?

We do not call each other husband and wife, no paperwork except an old rent agreement in both of our names.

Main concern is can my partner get any sort of support from me if we do split up?

Thank you

Terry Lynn Garrett
Terry Lynn Garrett answered on May 27, 2020

You might want a cohabitation agreement.

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1 Answer | Asked in Contracts, Estate Planning and Probate for Texas on
Q: My fiance's dad died awhile back n left everything to his wife. My fiance's mama. He didnt have a will.just a notarized

Affadavit.which all 7 kids signed sayin was ok. Her mama later sold my wife everything about 9 years ago.then also died without a will.do other kids have a chance of taking anything away from my fiance..

Terry Lynn Garrett
Terry Lynn Garrett answered on May 20, 2020

If things were properly sold and title transferred during life, your mother could not leave them to anyone via a Will or an heirship proceeding.

2 Answers | Asked in Copyright, Intellectual Property, Contracts and Internet Law for Texas on
Q: I want to pay a freelancer directly to write texts for my website. What do I do to own copyright?

Do I need to create a contract or we can agree on terms in e-mail or a freelancer can sign a paper in free form saying that whenever they get paid for their work they transfer copyright ownership to me? My website is just .com, it’s not registered as a company.

Evelyn Suero
Evelyn Suero answered on May 7, 2020

When working with an independent contractor it is good practice to have a signed written agreement where the contractor agrees that any intellectual property created while providing the services to you will be deemed "work for hire" and, if a court determines that the intellectual... Read more »

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1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: will defaulting on a timeshare contract place retirement and life insurance annuity in danger of attachment
Michael Hales
Michael Hales answered on May 7, 2020

Typically, the remedies in foreclosure are limited to taking the property back. However, I'd recommend reaching out to an attorney. Where is the timeshare located?

1 Answer | Asked in Contracts for Texas on
Q: My Partner and I, signed a contract when we was a partnership to a third party company, after 8 mos of being with the

company, we became a llc. I just found out that my partner contacted the company and notified them of our llc but we didn't resign the contract. My question is, can the pursue us as a partnership or will we be protected as a llc

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 23, 2020

Whoever told you that partners can "avoid contractual liability" merely by creating an LLC--composed of the same partners who signed the contract--was wrong. Your new LLC cannot protect you or your partner.

1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: House caught on fire while waiting on claim with insurance co mortgage company foreclosed who get the insurance check
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 23, 2020

The financial institution that hold the note and mortgage. If there is anything left over, you might get some of it.

1 Answer | Asked in Contracts, Personal Injury, Civil Litigation and Civil Rights for Texas on
Q: I currently am working on a case similar to the one found in ex parte snow.

Support needed for the upholding of the constitution

Tim Akpinar
Tim Akpinar answered on Apr 21, 2020

Because of the complexity of your research, it could be difficult for a Texas attorney to advise in the brief format of this Q & A Board. That could be why the post remains open for three weeks. One option is to contact Texas attorneys directly. Although many offices are closed or not seeing... Read more »

3 Answers | Asked in Contracts and Real Estate Law for Texas on
Q: Mortgage Company allowed me to do a short sale. Who keeps excess proceeds from the short sale lender or borrower?

Also is it against the law to have the buyer payoff mortgage BPO Price ? And the excess proceeds be given to me by check from buyer ?

I'd like to have some money after being left homeless by Mortgage Company.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 14, 2020

A "short sale" by definition (usually) does not produce any "excess proceeds" after the sale.

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1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: I have been living in the same apartment for over 30 years. Will I receive the security and pet deposits when I vacate?

There has been a succession of different owners. I have copies of the lease agreements. Giving the required 30 days written notice, I plan to soon vacate the premises. The new owners are renovating and leasing at a higher price than I can pay so the wear and tear will probably not apply, since they... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 9, 2020

Why start possible trouble when you have NO concerns--and will not have any unless and until your landlord refuses to give your security deposit back. (Pet deposits are usually not refundable to anyone.) Wait.

Q: Ex parte snow I remember this case

$91,000,000.00

Tim Akpinar
Tim Akpinar answered on Apr 2, 2020

You posed under Admiralty/Maritime but there wasn't a maritime law question here. Good luck

Tim Akpinar

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1 Answer | Asked in Contracts for Texas on
Q: Can a company be sued for not preforming extra work that is not in the contract?

We are being sued for not performing extra electrical work on a project that was not in the written contract.

Jessica McKinney
Jessica McKinney answered on Mar 25, 2020

As with most contract disputes, the devil is in the details of the agreement itself. There might be language in the agreement that requires you to perform reasonable and necessary work to achieve the initial purpose of the job. If so, an argument can be made that the "extra work" is... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: I Have a contract on a property, can I force a closing.

I put a contract on a property listed by a realtor. It was a cash offer with a quick closing (2 weeks). After the two weeks came and went with not contact I contacted my realtor (who by the way works in the same office as the listing agent). He informed me that the title company had found there was... Read more »

Kevin G Corcoran
Kevin G Corcoran answered on Mar 23, 2020

You may have a breach of contract claim against the owner. I am assuming the title company did a search but don't know if they issued or were going to issue a title policy on the property. The title company should be able to provide a copy of the lien, or maybe you can look it up at the County... Read more »

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