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Texas Contracts Questions & Answers
1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Can I terminate my lease if my A/C is constantly breaking?

My A/C unit goes out once or twice a week leaving us to call maintenance to fix it but they do not get to the issue till the day after leaving us in an 80+ degree apartment. This issue has been going on for the two months we have lived in the apartment, they promised a new A/C unit would be... View More

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

Some cities in Texas have local ordinances which require landlords to keep AC systems in good repair. Most specify that the system must keep the premises 85 degrees Fahrenheit or cooler to comply with the ordinance. You can report the landlord to the city housing authority to enforce the... View More

1 Answer | Asked in Contracts and Construction Law for Texas on
Q: Hello, We have issue with Building Erector that was supposed to finish steel building for us and quit & no communication

We have a issue with our Building Erector that was supposed to finish a steel building for us which will be our home. We hired him back in June. He told us that they could finish it in within two weeks but we knew it would take them about a month because we thought two weeks is pretty fast but one... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 4, 2023

Sorry to hear your problems.

The lien could only be from a supplier of materials.

If the contractor supplied the materials, you can reject any lien or attempt for the same.

You should get 2 different bids to finish the work.

In each bid u should require a...
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1 Answer | Asked in Small Claims, Employment Law and Contracts for Texas on
Q: Can an employer legally keep product that I paid for?

1099 sales person for Window World. Measured windows incorrectly by accident. The company makes me pay for the windows, they keep the windows, and they give the windows away to Habitat for Humanity for a tax break for themselves. There is not work agreement that explains this. The company claims... View More

John Michael Frick
John Michael Frick
answered on Aug 30, 2023

If you receive a 1099, you are not an employee but an independent contractor. As such, you control the manner, means, methods, and details of your work and set your own policies and procedures. Your relationship with any company that hires you is governed strictly by the terms of your contract... View More

1 Answer | Asked in Contracts and Business Law for Texas on
Q: I'm looking to purchase a gym. However, the owner owns the equipment and buildingnis leased in his name.

His ex-manager has the LLC in his name. Both are in dispute and not talking to each other. One wants to sell the equipment and told me I can start over with a new name. Can he do this?

T. Augustus Claus
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answered on Aug 28, 2023

In the situation you've described, where the gym owner, the ex-manager, and the equipment are all involved, there are several legal and business considerations to take into account.

Firstly, the ownership of the equipment and building should be clarified. If the gym owner owns the...
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1 Answer | Asked in Contracts, Animal / Dog Law and Small Claims for Texas on
Q: Do I have a case in small claims court? Bought a puppy with AKC papers and breeder won't give them and is ignoring me

Breeder has been ignoring me for 8 months because I am asking for my dogs registration paperwork that she said he has. I paid $1500 for him under the assumption he had AKC papers and I have been lied to

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

Yes, you have a valid small claims case. You should ask for either specific performance (i.e. give me the dog's registration papers) or the difference in value between an AKC registered dog (which most likely is the price you paid) and the value of an unregistered dog of the same breed (which... View More

1 Answer | Asked in Contracts for Texas on
Q: want to purchase a vehicle, secured financing w/credit union, $10k down payment * POA but dealership said i cant sign.

My car was totaled out in an accident, I have secured financing from my credit union, have a 10k down payment and a special vehicle power of attorney to sign on behalf of my spouse who is overseas for work, the dealership has refused to allow me to purchase the vehicle stating that it is company... View More

John Michael Frick
John Michael Frick
answered on Aug 18, 2023

There is no legal rule that prohibits the dealership from accepting your SPOA, nor is there any legal rule that requires it to accept your SPOA.

If the dealership doesn't want to sell you that car, get another one that looks just like it from a different dealership for the same...
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1 Answer | Asked in Contracts for Texas on
Q: Can I sue a self-storage facility for negligence over items that were stolen from my storage space in Texas? No Contract

Background I rented a storage unit over the phone and got access to the unit to store items for my new home. I was told that I must provide a copy of my homeowners insurance, or I would automatically be billed for added insurance within a very short time frame. I was also informed that a rental... View More

John Michael Frick
John Michael Frick
answered on Aug 18, 2023

You may or may not be bound by the rental agreement. Your action in placing items inside the unit may indicate acceptance of the contract terms.

Putting that aside, a self-storage facility usually isn’t responsible for theft of items stored in your self-storage unit. That’s what...
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2 Answers | Asked in Contracts and Real Estate Law for Texas on
Q: Selling a real estate LLC. Is seller indemnified personally?

It's a real estate LLC with a portfolio of properties. I am truly unaware of any issues and do not foresee any. It's just my first time selling an LLC.

Daniel Lopez
Daniel Lopez
answered on Aug 11, 2023

If the LLC in its entirety is being sold typically the liabilities are transferred with it. However, in most (99.9%) of purchase agreements there are clauses that make the seller liable for any actions up to the date of closing. This means that if the buyer gets sued for something that happened... View More

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2 Answers | Asked in Contracts and Real Estate Law for Texas on
Q: Selling a real estate LLC. Is seller indemnified personally?

It's a real estate LLC with a portfolio of properties. I am truly unaware of any issues and do not foresee any. It's just my first time selling an LLC.

John Michael Frick
John Michael Frick
answered on Aug 16, 2023

A question that may come up is whether any of the properties owned by the LLC are collateral for any loans. If so, it is important to review the relevant loan documents to ascertain whether you, as the seller, will remain liable on those loans, as well as whether the lender and any guarantors like... View More

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2 Answers | Asked in Contracts for Texas on
Q: The dealership said they accidentally sold the car I bought twice. Someone else had bought it. I have it in my possessio

I bought the vehicle Tuesday. The other guy bought it the previous week or over the weekend. He was supposed to pick it up Monday, but didn’t. Somehow it ended up where I could buy it. So I bought it Tuesday and drove it home. What rights do I have?

John Michael Frick
John Michael Frick
answered on Aug 10, 2023

Incidentally, this gives you some degree of bargaining power with the dealership. If this isn't "the car of your dreams," you might consider asking for a cash allowance on a different car in consideration for returning the car you have so the other guy can pick it up. The sales rep... View More

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1 Answer | Asked in Contracts for Texas on
Q: I bought a diesel pickup unaware that it was 2 wheel drive. No salesman told me it was and it was not wrote on the truck

I am wondering what my options are I live in an area where I absolutely have to have 4 wheel drive. A cell phone holder device was covering the area where the 4x4 knob should have been as well. Again I was not told it was 2 wheel drive when I asked them to tell me about the vehicle they told me... View More

John Michael Frick
John Michael Frick
answered on Aug 10, 2023

If you specifically asked if it was 4WD and they told you it was 4WD, you might have a claim unless you purchased the vehicle used as-is.

But dashed expectations are not generally actionable. If 4WD was a material aspect of the transaction, you should have asked.

My advice is to...
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2 Answers | Asked in Contracts and Landlord - Tenant for Texas on
Q: Our lease ended 7/1/2023 and our security deposit hasn't been refunded. They will not return our calls or emails.

Do we have any recourse?

John Michael Frick
John Michael Frick
answered on Aug 10, 2023

Yes. You can sue them in small claims court under the Texas Property Code for refusing to refund your security deposit. You will need to prove the amount of your deposit, that your lease ended when you say it ended, and that you timely provided your landlord with your new address when you... View More

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1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Is it legal to change an approval of an apartment application after knowingly that the person had an eviction?
T. Augustus Claus
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answered on Aug 4, 2023

In Texas, as in many states, it is generally legal for a landlord or property manager to deny an apartment application if the applicant has a history of eviction or other negative rental history. However, once an application has been approved, it is generally not permissible to change the approval... View More

1 Answer | Asked in Construction Law and Contracts for Texas on
Q: We have general contractor who has abandoned the project, and has not paid the subcontractors. He has done subpar work.

Because the contractor walked off the job, we had a home inspector come out and inspect for structural integrity. He found that over half of the load bearing walls must be repaired due to being crooked. All the windows have to be removed, and header and footer boards installed. The exterior doors... View More

Gary S. Weiss
Gary S. Weiss
answered on Aug 3, 2023

Yes, you have stated facts that support suing the contractor for damages for breaching the contract and a cause of action for a breach of the Implied Warranty of Workmanship, whether the contract was written or oral, if your claim can be filed within the applicable statute of limitations.... View More

2 Answers | Asked in Adoption, Child Custody, Contracts and Family Law for Texas on
Q: My sister-in-law and brother have offered to have a baby for us. How do we do it legally without courts and agencies?

My husband and I have been together for 15yrs and in that time we adopted a 4yr old who is now 10. We've always wanted more kids but the agency route just didn't fit our situation. My sister-in-law and brother have kids of their own and know they don't want anymore but have offered... View More

Sharita Blacknall
Sharita Blacknall
answered on Aug 1, 2023

It's wonderful to hear about the support from your family. The complexities surrounding surrogacy, parental rights, and birth certificates would best be handled by consulting with a family law attorney in Houston who specializes in reproductive law. Here's a general outline of the steps... View More

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2 Answers | Asked in Adoption, Child Custody, Contracts and Family Law for Texas on
Q: My sister-in-law and brother have offered to have a baby for us. How do we do it legally without courts and agencies?

My husband and I have been together for 15yrs and in that time we adopted a 4yr old who is now 10. We've always wanted more kids but the agency route just didn't fit our situation. My sister-in-law and brother have kids of their own and know they don't want anymore but have offered... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 7, 2023

In Texas, gestational surrogacy is permitted under the Texas Family Code.

Here are the key provisions that you should be aware of:

1. Gestational Agreement: The gestational agreement must be in place and validated by a court before the birth.

This agreement outlines the...
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1 Answer | Asked in White Collar Crime, Contracts and Libel & Slander for Texas on
Q: I was awarded damages in a civil suit and the defendant also has criminal history for similar scams so can I tell others

I would like to warn others who I know are considering using this contractor

T. Augustus Claus
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answered on Jul 27, 2023

While I understand your concern, it's essential to be cautious about how you share information about someone's criminal history, especially if you were awarded damages in a civil suit. Making false or defamatory statements could potentially lead to legal issues for you. Instead of... View More

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Texas on
Q: What is the best recourse after a client breaches contract with our company?

Their business is potentially going under which is why they have defaulted.

The obvious first thoughts are to file a lawsuit.

Are there other easier alternatives to filing a lawsuit such as possibly filing a lien on the commercial property or possibly filing a claim with either our... View More

John Michael Frick
John Michael Frick
answered on Jul 26, 2023

Basic maintenance and janitorial services are not the type of service that give rise to potential lien rights under Texas law. The cleaning of construction debris might.

I can't think of a type of insurance policy that is likely to cover a failure to pay for services breach of...
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2 Answers | Asked in Real Estate Law and Contracts for Texas on
Q: How do I fight an affidavit of lien by the AC contractor?

hi I got an AC contractor to replace the compressor of my house AC after it failed. They came and replaced the compressor. But the new compressor they put on failed in 3 days. They sent me a $5240 invoice, which I refused to pay. Now they send an affidavit of Lien on the house. How do I fight it?

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

1. Send a written request for warranty service on the new compressor to both the AC contractor and manufacturer.

2. Give the AC contractor and manufacturer a reasonable time to complete the warranty repairs. If your warrant specifies how long they have to make the repairs, use that...
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2 Answers | Asked in Real Estate Law and Contracts for Texas on
Q: How do I fight an affidavit of lien by the AC contractor?

hi I got an AC contractor to replace the compressor of my house AC after it failed. They came and replaced the compressor. But the new compressor they put on failed in 3 days. They sent me a $5240 invoice, which I refused to pay. Now they send an affidavit of Lien on the house. How do I fight it?

Teri A. Walter
Teri A. Walter
answered on Jul 25, 2023

I certainly agree that you should notify the contractor about the problems, and request warranty service.

As to the lien, in order for the contractor to get a valid lien against homestead property, there must be a written contract, signed by both spouses. If there is not (and many...
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