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I'm looking to find an attorney who works on a contingency basis to help with a breach of contract and deceptive trade practices case concerning a leased premises. For about a year, I've been living with mold and bad water. Despite my written complaints over the past 11 months, the... View More 
answered on Apr 9, 2025
In the absence of significant damages, it will likely not be possible for you to locate an attorney willing to work on such a case on a contingency fee basis. You would need to show some sort of "value" to the leased premises. If it is a commercial property in a prime location with a... View More
I lived in a property for six months under a one-year lease agreement. After I requested to be removed from the lease agreement, the property management refused, stating it was a court matter outside their jurisdiction. In the meantime, I discovered that both tenants took over my room without my... View More
answered on Apr 7, 2025
The answer to your question depends on whether the "two tenants" are people you were sharing the premises with you under the lease (cotenants) or new people who rented the premises after you stopped living there.
When you sign a lease for one year, you commit yourself to paying... View More
I was awarded a vehicle in my divorce, but the credit union refuses to acknowledge the divorce decree, stating the loan and title remain in my ex-husband’s name. They will not allow refinancing in my name, affecting my ability to register the vehicle. I’ve considered returning the vehicle to... View More
answered on Apr 3, 2025
If the loan is solely in your ex-husband's name and the divorce court did not order to pay the loan and to hold your husband harmless from any failure to pay the loan, then your ex-husband remains liable on the loan. In addition, the vehicle remains collateral for the repayment of the loan.... View More
I had a contract to build 15 straight stairs using white oak materials. The client originally agreed to this, but the cost of white oak increased unexpectedly right before purchasing the materials. Despite this, I decided to honor the original estimate and start the project, even though it was... View More
answered on Apr 2, 2025
You cannot terminate the contract due to the increased cost of materials unless the contract language expressly gives you that right.
You also cannot terminate the original contract due to requests from your customer for additional work, although you are not required to agree to the... View More
I submitted a second bid for a property, and my realtor informed me verbally the next day that the bid was accepted. However, I haven't received any written confirmation of the acceptance. Is the realtor obligated to provide a signed document confirming the accepted bid?
answered on Mar 31, 2025
Traditionally, you and the Seller will both sign what is called an "earnest money contract." It will contain the sales price you and the seller agreed upon as well as certain other terms. You will deposit a sum of money with a title company as earnest money (showing that you are... View More
I work for a company that recently merged with another company. Three years ago, I signed an employee agreement that provides a weekly truck allowance, maintenance costs, and a fuel card for using my personal vehicle for work. The company taking over is attempting to remove these benefits without... View More
answered on Mar 31, 2025
The parties almost always can modify a previous agreement if they both mutually agree to the modification. If the parties do not agree, it depends upon what the original agreement provides whether one party can unilaterally modify the agreement. If there is nothing that gives the company the... View More
I supply material to a company, and an individual has sued this company for a failed product made with the material I supplied. An executive from the company gave a false deposition, claiming my material was faulty, leading to the failure. He falsely stated they informed us about the bad quality... View More
answered on Mar 26, 2025
Statements made in a deposition in a lawsuit are privileged, so you cannot legally recover damages, obtain an injunction, or compel a retraction.
You should tender the lawsuit to your insurance company and request a defense. Any reputable business like yours that provides material and... View More
I purchased a car in 2022, and the lender stated that insurance was included in the car note, but they have not provided proof despite multiple requests. I received a ticket for not having insurance, and the lender refuses to provide documentation. I had a written agreement and several... View More
answered on Mar 26, 2025
There are different types of insurance. The law requires the driver of a motor vehicle to carry proof of liability insurance and provide it upon request to a police officer. This is what you can get a ticket for. It would be very unusual for a lender to provide this type of insurance.... View More
I recently sold a piece of land, and the survey has just been completed. The buyer has not yet made any payment, and I did not use an attorney or a title company. I need assistance in obtaining and recording the warranty deeds, preferably by the end of the month. How should I proceed with this... View More
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answered on Mar 25, 2025
You have not sold land yet. Without a deed conveyance and getting paid, you have done nothing but possibly get into legal trouble, and definitely will cause problems for all concerned. Hire a TX attorney to search the title, draft appropriate deeds which incorporate legal descriptions from the... View More
I recently sold a piece of land, and the survey has just been completed. The buyer has not yet made any payment, and I did not use an attorney or a title company. I need assistance in obtaining and recording the warranty deeds, preferably by the end of the month. How should I proceed with this... View More
answered on Mar 25, 2025
You don't.
If you were very experienced and knowledgeable about deeds and conveyances of real property, you could probably draft a simple deed yourself.
The fact that you are asking this question, however, indicates that you are not experienced and knowledgeable on this... View More
I was overseas when my husband, who held power of attorney, transferred all our assets into his name, divorced me without any notice, and I was not served with any legal documents. The events occurred in Galveston, Texas. How can I challenge the divorce and the transfer of assets, and what are my... View More
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answered on Mar 23, 2025
The attorney-in-fact under the POA is a fiduciary for his principal (you). Conveyances of the principal's assets to the agent, by the agent, are presumptively fraudulent. He could rebut the presumption, and it may have come under the divorce proceeding. Hire a TX attorney to file suit... View More
I'm in the process of selling a property after a divorce. The divorce decree clearly states that I have no debt, yet there is a HELOC loan taken jointly by my ex-spouse and me. Am I responsible for the HELOC loan repayment during the sale of the property considering the terms of the divorce decree?
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answered on Mar 21, 2025
Under Texas law, your divorce decree may state that you are not responsible for any debts, but lenders are not bound by divorce decrees—they are only bound by the original loan agreement. If you signed the HELOC (Home Equity Line of Credit) jointly, the lender can still hold you personally... View More
I am considering firing my lawyer because I believe he is not representing my son effectively. He has only visited my son twice, and that was during court appearances. There are many discrepancies in the case he refuses to address with the prosecutors. Although I requested an itemized statement of... View More
answered on Mar 21, 2025
Most likely, from what you say in your question, the lawyer is your son’s lawyer and you and your ex-husband agreed to pay $7500 each for the lawyer to represent your son.
It is important to understand that, in this situation, only your son can fire his lawyer. Your son’s lawyer may be... View More
I was approved for a loan by a probate advance company, but they've only sent one payment and haven't fulfilled the rest of the payments as promised. They've stopped responding to my emails and calls. I have the loan agreement and written communication. What steps can I take to resolve this issue?
answered on Mar 15, 2025
You can sue the lender for breach of contract. Check your loan agreement to see if you agreed to mediation, arbitration, or a particular forum for the resolution of your dispute. These type of provisions are common in such loan agreements and are almost always enforceable.
I hired a mechanic I found on the Nextdoor app to change the coolant in my Jeep. After his work, the engine was damaged, resulting in a banging noise and the vehicle not staying on. The repair costs are estimated at $5,000. The mechanic has since blocked me and I'm considering suing for... View More
answered on Mar 10, 2025
You can legally sue for any damages to your Jeep that was caused by the mechanic. Because the cost of repair is $5,000, you can bring a small claims suit in the Justice of the Peace Court for the county and precinct where the mechanic resides or where the damage was done without needing an... View More
My son signed a rent-to-own lease for a trailer home that's in poor condition. The stairs are falling apart, the tub doesn't drain properly, and the gas stove can't be used because the trailer only has electricity. The lease is for 70 months. I'm visiting this Friday to review... View More
answered on Mar 10, 2025
First and foremost, review the rent-to-own lease itself. It should indicate who is responsible for maintenance and repairs and whether the tenant must first obtain written approval from the landlord. It should also indicate any cancellation procedure including any required notices.
I would like to represent my mother, who is currently incarcerated, during a partition suit in Texas. I am not an attorney, but my mother wishes for me to ensure she is treated fairly in the division of proceeds. She intends to give me power of attorney for this matter. I have spoken to the... View More
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answered on Mar 8, 2025
Sometimes a POA is sufficient to represent an incarcerated person. In this case though it seems as if a Receiver has already be appointed by the court in the partition suit. I would go ahead and execute the POA and also file a letter into the partition suit asking for all notices as in interested... View More
Earlier this year, a friend loaned me his truck for about two weeks to assist with my move out of state. During this time, the truck got reported as stolen. The friend mentioned in a statement that a welder went missing four days before he let me borrow the truck, and there are text messages where... View More
answered on Mar 8, 2025
The trouble is that you pled guilty in OK. I'm assuming that you pled because you got 19 months of probation. The fact that you said you were guilty, makes it easy for the Prosecutor to prove the same case when you went over the border into Texas.
You do list some compelling facts... View More
I recently renovated over 80% of a residence, but the court case held on 3/4/25 ruled in favor of the Plaintiff. There were no agreements in place regarding the renovations. I am not currently working with a lawyer and need guidance on how to appeal for unjust enrichment to seek a favorable outcome.
answered on Mar 6, 2025
To file an appeal, you need to file a notice of appeal within 30 days of the date the final judgment was signed. An appeal is not a DIY project. You need to hire an attorney who practices in the area of civil appellate law in the appellate district where the trial court is located. You should... View More
I have been in the U.S. for over 10 years, and my spouse and I have a joint account. Recently, I discovered that he has been transferring money from our joint account to his personal savings account, claiming it's for his bonuses. However, I've found instances from bank statements where... View More
answered on Mar 5, 2025
Yes, it is legal. Because it is a joint account, each of you has the right to make withdrawals or transfers of funds. It may, however, be a breach of his fiduciary duty to you as his wife if he uses any of the funds he transferred into his separate savings account without your permission... View More
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