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Texas Contracts Questions & Answers
1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: Three people purchased a home together. Two of three want use an agent to sell and third wants to sell by owner.

Does the third person need to agree to use the agent? This is a toxic living situation where all parties agree to go separate ways but one does not want to use a real estate agent.

Anthony M. Avery
Anthony M. Avery answered on Sep 24, 2020

If all tenants in common do not agree to sell property a certain way, then there is no sale. The possible sale price might make all three happy. But if no agreement, then any of them can file an Action for Partition. However the maximum sale price will probably not be realized by the Court.

1 Answer | Asked in Consumer Law, Contracts and Tax Law for Texas on
Q: Is there required form of legal tender that people can't decline when dealing with debt?

I have a friend whom helped pay for my car. He paid the last 1000 or so.

I brought him cash, he says no cash. I bring him card, says cash only.

This has happened twice each. Is there required form of legal tender that he can't decline.

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Sep 6, 2020

There is no federal statute mandating that a private business, a person, or an organization must accept currency or coins as payment for goods or services. Private businesses are free to develop their own policies on whether to accept cash unless there is a state law that says otherwise. Texas does... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Criminal Law and Gov & Administrative Law for Texas on
Q: I got video of cops making illegal arrest no warrants and taking pics of drugs they had and pinning charges on friend
Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 30, 2020

Provide a copy of the video to your friend's criminal defense attorney.

See chapter 14 of the Code of Criminal Procedure if you are curious about the list of situations where a peace officer can make an arrest without a warrant. https://statutes.capitol.texas.gov/Docs/CR/htm/CR.14.htm

2 Answers | Asked in Contracts and Criminal Law for Texas on
Q: Is it a felony to try to enforce a business loan with no signed note? Is it a also an offense to add interest to said lo

There was never anything signed

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Aug 28, 2020

No and No. However, without a signed document, it may be difficult to prove that the money is owed.

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1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Small Claims for Texas on
Q: What if my counterclaim is NOT within the jurisdiction of the court in Texas, like more money than the court allows?
Tim Akpinar
Tim Akpinar answered on Aug 15, 2020

A Texas attorney could advise best, but your question remains open for three weeks. I can't speak for the state court system in Texas, but as a GENERAL matter in many jurisdictions, what can typically happen if a counterclaim exceeds the court's limit is that the matter can be removed to... Read more »

3 Answers | Asked in Contracts, Copyright, Criminal Law and Real Estate Law for Texas on
Q: texas penal code title 4 chapter 16 section 16.06 in "layman's
Grant St Julian III
Grant St Julian III answered on Aug 13, 2020

I am not sure of your exact question.

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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"...
Read more »

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-...
Read more »

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...
Read more »

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.

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