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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: Inherited rental property question

Just inherited an old rental property that has had a couple living there for decades. There is no current official contract, and we told the tenants we would keep the payment agreement that was set in place before former owners passed away. After recently visiting to make repairs, we discovered... Read more »

Alisha Melvin
Alisha Melvin
answered on Feb 7, 2023

Has the property already been transferred to your name as owners? I would have the property inspected by a reputable home inspector. At the very least I would get a a comparative market analysis and/or appraisal to see if you can pull out any funds to make the necessary repairs. If you are... Read more »

2 Answers | Asked in Real Estate Law for Texas on
Q: Who is responsible to repair shared fence between neighbors?

I have a shared fence with a neighbor that's leaning towards their side. It was already like this when I recently bought the house months ago. They wrote to me that they had the fence completely replaced including new posts in 2008. That is why they have the picket side, while I have the post... Read more »

John Michael Frick
John Michael Frick
answered on Feb 4, 2023

The property owners who share the fence.

For example, when the fence separating my back yard from my neighbors needed to be rebuilt, I paid half and they paid half.

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1 Answer | Asked in Real Estate Law for Texas on
Q: Does indpdnt admin of estate have to list property as probate sale or can they list as FSBO if not using listing agent?

Assuming they indicate owner is Estate of deceased.

John Cucci Jr.
John Cucci Jr.
answered on Feb 3, 2023

The most important thing when selling property of an estate is to be sure you have given the public an opportunity to bid on or buy the property.

The court will want proof of marketing to the general public.

1 Answer | Asked in Real Estate Law for Texas on
Q: Does indpdnt admin of estate selling property have to use any special contracts/forms or can use standard TREC 1-4?
John Cucci Jr.
John Cucci Jr.
answered on Feb 3, 2023

When you sell assets for the benefit of an Estate, as long as the seller agreement is truthful and the surrogate judge approves the sale, you can use any contract that properly sells the property.

Good Luck!

1 Answer | Asked in Real Estate Law for Texas on
Q: Neighbor built a fence on my property without my permission, and posted my address on social media

Live in Pearland, TX. The neighbor built a fence on my property, I told her that the property was mine and I did not give her permission. I then sent an encroachment notification letter demanding the fence be removed and she posted it to tiktok and did not redact the legal description of the... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Feb 3, 2023

Hire a TX attorney to file a Boundary Line Dispute. A Survey may be necessary. Doing nothing will Acquiesce to the new Boundary.

1 Answer | Asked in Real Estate Law for Texas on
Q: Are transferable warranties mentioned in 9.3 of TREC 1-4 only referring to warranties related to repairs in 7.F?

If not, and apply to all transferable warranties on a home, how does the indpdnt admin of an estate go about finding out what appliances in the home are subject to transfer? Must they call all manufactures of the appliances to check?

John Michael Frick
John Michael Frick
answered on Feb 3, 2023

Appliance warranties usually run from the original date of sale of the appliance, regardless of how many owners. Most appliances have a date of manufacture somewhere on them. Commonly, new home builders give a notebook containing all of the appliance warranties for the home to the new owner,... Read more »

2 Answers | Asked in Real Estate Law for Texas on
Q: Are there any specific contract terms required for sale of home in probate in Texas by an independent administrator?

Some websites claim it must be 90% of appraised value and buyer must put 10% down with no contingencies.

Alisha Melvin
Alisha Melvin
answered on Feb 3, 2023

There are not specific contract terms other than listing the true owners name. Most often you will be acting for “ The Estate of ____” so that language may be necessary.

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1 Answer | Asked in Real Estate Law for Texas on
Q: Does sale of home in probate in Texas by an indpdnt admin have to close in court, or can close at regular title company?
Alisha Melvin
Alisha Melvin
answered on Feb 3, 2023

You may close at any title company. You should have your letters of administration which grants you the authority.

1 Answer | Asked in Real Estate Law and Tax Law for Texas on
Q: trying to see who owns a property that will be going to tax sale in Rusk County and wanted to make an offer on it.

The property has back taxes since 2010 and is in Rusk county tx. I want to contact owners but can't locate them.

John Michael Frick
John Michael Frick
answered on Jan 31, 2023

I would check the Rusk County Appraisal District records and the Rusk County Deed Records.

1 Answer | Asked in Real Estate Law and Agricultural Law for Texas on
Q: The city won't let me get water without having the deed put in my name, the property was willed to me from my stepdad
John Michael Frick
John Michael Frick
answered on Jan 31, 2023

The city is incorrect.

That being said, the least expensive solution is to have the executor of your stepdad’s estate sign a deed conveying the property to you.

1 Answer | Asked in Real Estate Law for Texas on
Q: Can I get my escrow check back?

I'm in the process of purchasing a home in Texas. The seller gave us an additional set of disclosures, and then weeks into the process (2 days ago) They gave us another updated set of disclosures with an issue that I am not happy with. I feel like we were being lied to, that they waited until... Read more »

John Michael Frick
John Michael Frick
answered on Jan 29, 2023

Yes

1 Answer | Asked in Real Estate Law and Libel & Slander for Texas on
Q: Can you please inform me (or direct me to appropriate information) on how to remove board members.

I know a petition to remove can be done, but I want to know the exact steps so if the majority of the owners wish to pursue this we don't get ignored for not following one particular procedure correctly. We currently have a rogue board president specifically, and it is unclear if these other... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jan 29, 2023

I will assume you are asking about removing board members for your Home Owner's Association "HOA."

Each HOA has it's own by-laws and rules. This usually includes the rules/process on adding and removing board members. To properly advise anyone, a lawyer would need a copy...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: Who enforces property deed restrictions, no HOA, in my subdivision regarding neighbor with hogs. Deed states no hogs

Hogs up against my fence causing ungodly odor, noise, filth conditions. Sheriff's department will not help. Deed restrictions states no hogs at all !!

John Michael Frick
John Michael Frick
answered on Jan 25, 2023

Any homeowner in the subdivision has standing to enforce the deed restrictions.

You can hire an attorney to secure a permanent injunction against your neighbors for violating the restrictive convenants and seeking a money judgment for any damages caused to your property by the hogs....
Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Can a townhome run their drainage into your yard? They changed the natural flow, elevated their side 18”, towards us.

Core of eng htold them they needed to fix drainage, they did not. Nobody folllowed up. Fast forward 20 years erosion has led to severe run off into our yards and floods our streets. They refuse to fix the drainage. They think because we have a utility easement in our back yard, that I do not own... Read more »

John Michael Frick
John Michael Frick
answered on Jan 24, 2023

I think you may have to sue someone, and it’s likely to be a fairly expensive lawsuit.

1 Answer | Asked in Real Estate Law, Traffic Tickets and Gov & Administrative Law for Texas on
Q: Are San Antonio city ordinances, such as parking ordinance, enforceable in the cities Extra Territorial Jurisdictions?
John Cucci Jr.
John Cucci Jr.
answered on Jan 17, 2023

The answer to your question would require a look at the ordinances and the language defining the extra-territorial jurisdictions. Usually, all are enforceable.

1 Answer | Asked in Bankruptcy, Real Estate Law and Business Law for Texas on
Q: A partner stole my corporation The judge gave it back to me. He files bk while it’s mine. I have all the proof

I need a lawyer iif we would of finished the billl of review we would of won ? evidence was presented, and Court found that I was the only owner of my company 4 days later ex partnerfiled filed bankruptcy on behalf of my company just four days after this Court told him that he did not own it. I... Read more »

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

If you still own the business, simply move the Court to dismiss the bankruptcy as unauthorized.

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 Real Estate Law for Texas on
Q: I bought land in Belton, given a warranty deed claiming 100% ownership. Later I an adopted sister was on the tax rolls

The property sits on East Central and the absent half sister has contributed nothing for taxes, maintenance or management and she is a ward of the state. The first 90 days I owned it I was contacted by the city of Belton and informed I had less than 30 to get it cut or they would take action... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jan 14, 2023

You need a lawyer!

Your concerns are technical and deal with Estate laws and property laws and probably local government laws and rules.

A warranty deed is enforceable in court. But there are time limits on bringing a lawsuit. Your case seems complicated and would require a review...
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1 Answer | Asked in Real Estate Law for Texas on
Q: What exactly is a Non-Commencement affidavit on a Real Estate transaction registered with the state.

How serious is the government about perusing blatant false sworn affidavits that were a key part of cheating me out of rightful wages. After I cleared, staked, paid $15,000 for 58 tandem axel loads of engineered fill, installed erosion protection on one house pad and had my equipment operator... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jan 14, 2023

I want to help you but its hard to understand your questions. I would like to see any contracts that are the basis for the real estate transaction in which you are involved.

The terms of your agreement and TX laws will apply and probably answer your concerns.

Please ask again...
Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Me neighbor was putting up a permanent fence without my knowledge, she does not have a property survey and refuses to ge

What can i do to make sure she's not putting the fence on my side of the property? Thx. I live in st tammany parish, louisiana.

John Michael Frick
John Michael Frick
answered on Jan 14, 2023

Hire a surveyor to insure you it is on the property line.

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