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Texas Questions & Answers
2 Answers | Asked in Real Estate Law for Texas on
Q: I will be purchasing a home, owner to owner from my landlord. What type of questions should I ask when signing.

I will be renting to own the rental I live in. The landlord and I have come to an agreement as far as price/down/monthly payments. What type of questions should I ask? Should I be liable for taxes of the property during the timeframe I will be renting to own? She does have an attorney that will be... View More

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

1. You need to verify that there is no mortgage lender or other liens recorded against the property.

2. You need to verify that the landlord is the sole legal owner of the property.

3. You need to verify that the home is not anyone's homestead and is not claimed as...
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1 Answer | Asked in Municipal Law for Texas on
Q: Would a board member of the economic development corporation be allowed to request a forensic audit.
Tim Akpinar
Tim Akpinar
answered on Nov 26, 2024

A Texas attorney who works day-to-day in municipal law matters could advise best, but your question remains open for a month. As a GENERAL matter, without knowing the details of the situation, it would depend on the rules/by-laws, reason for the request, relevancy of the request to some issue,... View More

2 Answers | Asked in Criminal Law for Texas on
Q: My husband was arrested on pending felony charges 9/14 72 days in jail No charges have been filed

What is going on. Why has he not been to court, can they even keep him there. He has a valid visa but ice hold due to felonies never been in trouble ever

Michelle  Lugo
Michelle Lugo
answered on Nov 26, 2024

Depending on his charge, he can hire an immigration attorney to petition the immigration court for a bond so that he can be out during the pendency of his case. But the charge may have a lot to do with whether or not the federal courts will be willing to do that. In the interim, there is no point... View More

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1 Answer | Asked in Real Estate Law for Texas on
Q: Seller left shed; now it's being repossessed. What can buyer do?

We closed on a home in Texas about 3 weeks ago. A shop building (on a crushed gravel slab but not anchored) was negotiated in the sale, but was not mentioned in the purchase agreement. Two days ago, a repo agent called us saying the shed was rent-to-own and it's being repossessed. Our real... View More

John Michael Frick
John Michael Frick
answered on Nov 25, 2024

The first thing you need to do is to check to see if the company for which the repo agent is repossessing the shop building filed a UCC-1 perfecting a security interest in the shop building.

The second thing you need to do is to contact the title insurance company for your buyer's...
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1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: I have evidence of coerced and falsified documents from a probation officer/judge and misconduct/bias/prejudice

Also a pretexual traffic stop/unlawful stop/premidated conspired set up.

What can I do about that?

John Michael Frick
John Michael Frick
answered on Nov 25, 2024

You should tell your criminal defense attorney. Evidence obtained during your traffic stop could be excluded if you can show that the stop was unlawful and pretextual. But you need to raise this complaint properly in a pretrial motion or objection at the time of your trial, or you could waive... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: House owned by wife. Married in 2009. Live in Texas. Married 16 years. Getting divorced.

I was a silent partner on a note refinance, signed paperwork (I am not on the deed). Replaced appliances, did interior upgrades, etc. Do I have 50% equity in the house?

John Michael Frick
John Michael Frick
answered on Nov 25, 2024

It depends on whether the house is your wife's separate property or community property. If the house was bought by your wife before your marriage, it is her separate property. If the house was bought by your wife during your marriage, it is community property unless she used entirely her... View More

1 Answer | Asked in Arbitration / Mediation Law, Employment Discrimination and Employment Law for Texas on
Q: Can an associate in a law firm give a lawyer in another firm a copy your arbitration deposition transcript 3 years pos

Deposition transcript was never used in arbitration ,case settled during discovery, transcript was shared 3 years later to another lawyer in another arbitration proceeding I was involved in ....it was actually stolen by the associate

John Michael Frick
John Michael Frick
answered on Nov 25, 2024

If the associate was an attorney in the law firm that represented you in the arbitration proceeding, he should not share your deposition transcript without your permission.

If the associate was an attorney in a law firm representing another party in that arbitration proceeding, he can...
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2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: could I be reported for copyright?

If I sold t-shirts with the words "SAD DAD CLUB" or "SAD DADS CLUB" printed on them but the words "SAD DAD" are trademarked for use on t-shirts, could I be reported for copyright?

Sean Goodwin
Sean Goodwin
answered on Nov 21, 2024

You are asking for a complicated legal opinion, which most attorneys will not provide unless you are a client. If you would like a detailed answer to your question, please hire a competent trademark attorney.

The test for trademark infringement is "likelihood of confusion."...
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1 Answer | Asked in Personal Injury and Civil Litigation for Texas on
Q: I won a tow hearing and won the appeal. Can I sue for time missed working and stress/ medical.
John Michael Frick
John Michael Frick
answered on Nov 21, 2024

Ordinarily, mental anguish damages are not recoverable for temporarily being deprived of the use of personal property like a motor vehicle.

It would be very difficult to prove that the temporary deprivation of your motor vehicle was a proximate cause of missed time from work unless you can...
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1 Answer | Asked in Traffic Tickets for Texas on
Q: i got a handi cap ticket in my apartments for parking in handicap but the management told me i could park there because

apts just open and we didnt have parking set and towing yet and they were doing the gates and the lines were being re done and would change including handicap what can i do to get money back after car ws booted and made to pay to get it off

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

If the apartment management had your car towed, you should ask the individual who gave you permission to park in the handicap space to pay any expenses you incurred in reliance upon what he/she told you.

If the towing company towed your car without authorization, you could probably sue the...
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2 Answers | Asked in Criminal Law for Texas on
Q: So the judge can set the amount of bail to what he wants. Is There's no legal limit??

Is there not a certain amount

Madolyn García Falone
Madolyn García Falone
answered on Nov 25, 2024

Bail is set using various guidelines, which vary a bit between jurisdictions. The bail amount has to be reasonable when considered in light of the severity of the crime, but bail will also be higher if the defendant has a substantial criminal history, especially one that includes bail jumping. Bail... View More

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1 Answer | Asked in Employment Law for Texas on
Q: If a given company wants their employees to wear a jacket with their logo on it only, do they have to provide the jacket

I work at a car wash in Texas, this company does not want the logo on our uniforms covered up and wants them always showing. They recently told us that we are not allowed to wear a hoodie underneath our uniforms (long sleeves permitted only). With that, we cannot wear a jacket without the company... View More

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

The employer must either supply the uniform or provide notice to the employee of a third party vendor from which it can be obtained. An employer may deduct the reasonable cost of the uniform as well as cleaning costs from an employee's paycheck as long as doing so does not reduce the... View More

2 Answers | Asked in Real Estate Law for Texas on
Q: Undivided Property

When two people share equal interest in a parcel of undivided property and one passes away, do their heirs get equal shares with the remaining original interest holder?

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

If two people share an equal interest and one dies, the deceased person's 50% interest passes to that person's heir(s). The deceased person can specify in a Will the interest that each will get; otherwise, it passes in accordance with the laws of intestate succession. That may mean the... View More

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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: My daughter's father won't let me have her and every attempt he avoids the custody agreement. Motion filed against him

FIled motion for a hearing and his hired attorney trying to get transferred and delay everything from not agreeing on dates available in my county

John Michael Frick
John Michael Frick
answered on Nov 18, 2024

Talk to your attorney about whether you filed in the correct county. Normally, if the child resided in the county where you filed for the preceding 90-days, you filed in the correct county. Otherwise, a transfer to that county would seem to be the correct procedure. If a transfer is appropriate,... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I am needed advice on how to proceed with divorce?

I was married to this man for 22 years and he has moved out the house this morning, he is the sole provider of this household I don’t even share a bank account with him, to have access to any funds , I am worried I have a 17 year old son . We are divorcing due to infidelity and irreconcilable... View More

John Michael Frick
John Michael Frick
answered on Nov 18, 2024

You should contact an attorney who practices in the area of law of divorce and/or family law in or near the county where you live. If you do not already have a bank account in your name, you should open one in your sole name. If you do not already have a credit card in your name, you should open... View More

1 Answer | Asked in Consumer Law and Banking for Texas on
Q: When the client of a lawyer requests a copy of his file, is lawyer required to supply that either hard copy or digital
John Michael Frick
John Michael Frick
answered on Nov 18, 2024

Yes. Whether the file is maintained as a hard copy file or in electronic format, the lawyer is required to provide the client's file to the client upon request.

A lawyer is not required to keep a copy of the client's file after the engagement has ended. The lawyer is required to...
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1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Apt manager obtaining signature of a Resident with a third party who hasnt signed the addendum to the Rental Deed. Is it

Legit? Towing the vehicle of a DISABLED without NOTICE just on the pretext that new LP details couldnot be conveyed to My Vip parking portal though the first time registered is done 5 months ago. Despite having my details with them not informing me before towing tantamount to utter disgrace,... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2024

Sorry to hear about your LL problems.

There is no such thing as a rental deed. It's either a lease or an agreement to rent living space in TX.

The terms of any lease in TX, can be made or changed by the Landlord "LL" and Tenant, as long as BOTH agree. If you pay extra...
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1 Answer | Asked in Civil Rights and Small Claims for Texas on
Q: Am I able to take legal action with PayPal if they refuse to give me my money back after a refund is issued?

I made a purchase and used PayPal to pay for it. I never received the item, so I contacted the company I purchased goods from. The company issued a refund through PayPal, but PayPal is refusing to release the funds back to me.

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2024

The answer to your question is in your user agreement you accepted when you signed-on with PayPal. If PayPal has sent you an email, or letter telling you they are not giving you a refund, I would need to see that to give you solid legal advice.

PayPal is obligated to give you a refund if...
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1 Answer | Asked in Criminal Law, Federal Crimes and Small Claims for Texas on
Q: Can I call the cops on someone for throwing my things away from their house without letting me know? Is it theft?

My uncle had a room in his house that I was going to move into, but after I got my belongings in there he changed his mind but let me keep my things there for safe keeping and free storage. They moved to San Antonio and didn't tell me they discarded my things until after the fact.

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

There are not enough facts to answer your question. It would be important to know whether there was any written agreement between you and your uncle. It would be important to know how long your things were at your uncle's house. It would be important to know how often you went to your... View More

2 Answers | Asked in Business Law for Texas on
Q: How long can it be since an act that we can still file a lawsuit against a bank?

Years ago our bank took money from our account to pay a Dish Network service that we never signed up for.

John Michael Frick
John Michael Frick
answered on Nov 14, 2024

To the extent that the bank actions breached its account agreement with you, four years. If the bank's act was not a breach of contract. most likely a two-year statute of limitations applies. There are certain legal doctrines which can delay or toll the running of a statute of limitations... View More

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