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Texas Contracts Questions & Answers
1 Answer | Asked in Contracts, Workers' Compensation and Construction Law for Texas on
Q: If I work on the house I'm living in can I charge my landlord for the labour I put in

My landlord basically said If I hire someone to work on my house then he will not pay for the labor but he didn't say if I worked on the house that I couldn't charge him for labor

S. Michael Graham
S. Michael Graham answered on Jan 13, 2022

No. You would need a contract. Otherwise it would be deemed a gift. Contracts involving real estate need to be in writing. This would be a contract for services so I not too sure. Always better to have something in writing. Good Luck.

1 Answer | Asked in Contracts and Personal Injury for Texas on
Q: If a disclaimer is legitimate for the liability of a guardian

An adult takes a minor that is not their child to a trip. Would a disclaimer with the minor's guardian make sure that the adult is not responsible for any accident happen during the trip?

Tim Akpinar
Tim Akpinar answered on Jan 3, 2022

A Texas attorney could advise best, but your post remains open for two weeks. As a general matter nationwide, some courts tend to frown upon certain types of injury disclaimers from the standpoint of public policy, despite the fact that they are used. You can continue to await a response here, but... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Collections and Energy, Oil and Gas for Texas on
Q: How do I get out of a bad solar contract?

We got ripped off by a solar company in 2020, when we were busy working 16+ hour days while taking care of kids at home. The salesperson said that the panels would cover 100% of our electric needs but it only covers 75% at best and the payments are as much as the electric costs without solar. The... Read more »

Aimee Hess
Aimee Hess answered on Dec 21, 2021

unfortunately, you can't simply "remove" a UCC financing statement. It has to be done either by court order after a lawsuit or by agreement of the parties. What your rights are regarding these representations depends in large part on what your contract with the solar panel company... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Texas on
Q: Mentor and breached contracts.

I had a mentor that would have me sign contract with “businesses” that were really not real. Not only were they not real but I was paying him upwards of 4000 a month to him. $300 was legitimate as he would meet with me as a mentor. I however have a contract through him with his parents who i... Read more »

Teri A. Walter
Teri A. Walter answered on Dec 16, 2021

It sounds like you have multiple contracts with this person, and he has multiple assumed names (the business names on the contracts.) If you are not receiving the services you contracted for, you may be due a refund.

As to the car, it's impossible to tell from your description...
Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Texas on
Q: I had an an attorney send me a demand letter stating I had 3 days to give them money

So details ( I’m not delinquent on rent) I have a friend who had kidney disease and was on dialysis. He couldn’t work and was on his death bed. I took him in and made sure he went to his appointments and he was on disability but it barely covered anything. His dialysis clinic let him know of a... Read more »

Teri A. Walter
Teri A. Walter answered on Dec 13, 2021

Your rights are limited to the terms of the lease you signed. The fact that the manager may know that your friend is there doesn't change the terms of the lease.

1 Answer | Asked in Contracts for Texas on
Q: In Birkel v. Hassebrook Farm Services, 219 Neb. 286, what is the issue, what is the holding and what is the reasoning?
Teri A. Walter
Teri A. Walter answered on Dec 6, 2021

If you are asking for someone to explain a particular case to you, (and presumably, determine whether and how it affects your situation), you need to consult an attorney. This forum is for general legal questions.

In general the issue in a case is the particular legal question before the...
Read more »

1 Answer | Asked in Contracts, Criminal Law, Family Law and Real Estate Law for Texas on
Q: Ohk. 5years I've been with Matthew in total. First 2 years we lived in the same house as his grandparents.

I claimed they had mold, they told me I had to get a mental evaluation or I'd be evicted I knew I wasn't crazy refused and was evicted. Shortly later I was let back into the residence. For about another year I was called crazy this and that so went to FL. For mental rehabilitation. So... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Dec 1, 2021

Well, here's the problem. You haven't asked a question or sought any legal analysis from us. I really don't like to assume that I can read your mind and determine what is is you want to know. However, if you want to know whether you can be kicked out of this residence, then the... Read more »

1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: Predatory lender gave false, misleading information in contract and will not provide proper receipts of payment

I was targeted by an aggressive door to door salesman, I was coerced and pressured into signing a contract for a Kirby vacuum and promised monthly payments of $105.49, $2,800 payoff before 36 months and $3,797.64 if I’m still paying after 36 months, 21% interest rate. I was turned over to a... Read more »

Teri A. Walter
Teri A. Walter answered on Nov 30, 2021

First, I recommend that everyone Always keep their own records of payments made, either by making the payments in a way that generates a record (like a check) or by keeping a copy of the payments made. That way you are never in the position of having to look for a receipt.

As to whether...
Read more »

1 Answer | Asked in Contracts and Business Formation for Texas on
Q: Ways to start a single member LLC as a subsidiary of a multi-member LLC for a retail store? Need 100% control.

I have 60% of the company and want to keep the same branding. But need to have full control of the new line. Can this be as simple as putting the agreement in the operating agreement and filing for a single member LLC where I have 100% control. My main goal is to keep the branding and customer... Read more »

Teri A. Walter
Teri A. Walter answered on Nov 19, 2021

It's doubtful that you could assume complete control of a product line of the original LLC simply by starting a new LLC, and even taking a new business opportunity from the original LLC may be problematic. Presumably you would also need to have ownership of that product line & branding... Read more »

1 Answer | Asked in Contracts for Texas on
Q: Independent contractor lost opportunity

I had an opportunity for a high rate consulting opportunity with a former client

They contacted me with a intermediate company who agreed I could use them as a third party for billing purposes provided I had a llc

I obtained the llc at a cost of 800 dollars and 4 days later they... Read more »

Teri A. Walter
Teri A. Walter answered on Nov 17, 2021

I can't tell whether you actually had a contract, or were just discussing and negotiating an "opportunity." In the meantime, it doesn't sound like you "lost" $800, but rather that you set up an LLC that you can't use for the deal you didn't get, and you can... Read more »

1 Answer | Asked in Bankruptcy, Contracts and Collections for Texas on
Q: Will I still owe my lender money from a reposed car even though they told me I wouldn’t ?

I am in Texas, and bought a car from a Buy Here Pay Here dealership a few months ago. I ended running into financial troubles, and the car was repossessed. Because my financial situation was so bad at the time, I ended up letting the car go. After doing some research I learned they could still... Read more »

Timothy Denison
Timothy Denison answered on Nov 6, 2021

They can still collect it and will attempt to collect it in the future. Be very careful dealing with the car lot.

1 Answer | Asked in Contracts for Texas on
Q: I had an auto loan. I made all 72 payments in the contract. Now the finance company says I owe another $5900.

They are saying this is from added interest if payments are made past the due date. Is this legal?

Mohamadou Aminou
Mohamadou Aminou answered on Nov 2, 2021

When you say that the finance company is stating that you still owe money on the ground that payments were made past the due date, does this means that even recognizing having paid fully, are you also admitting that those payments were made not according the the schedule on the contract?... Read more »

1 Answer | Asked in Contracts and Securities Law for Texas on
Q: I have recently purchased a vehicle and finance company sends loan information to my employer

Purchased a vehicle yesterday, submitted proof of income (check stubs) as well as contact information to my corporate office to verify employment. Finance company contacts me to say no one was answering the phone at corporate, so I gave her an email address to send the verification. With the... Read more »

Teri A. Walter
Teri A. Walter answered on Oct 15, 2021

While I agree that they sent more information than was probably necessary, you don't have any apparent damages as a result of this action, and no claim arises from the facts you describe.

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: I have signed the contract and inspection was completed, now I want to back out of selling my house in San Antonio.

Per my realtor the answer was no. Is there anyway I can back out? Of course after paying the buyers back for anything they have spent on inspection and ETC

John Cucci Jr.
John Cucci Jr. answered on Oct 14, 2021

There may be a way out of the deal. The contract for sale of the property will have language on this issue. If there is "specific performance" or other language that allows the buyer to have a court force you to complete the sale, then you have a problem, and can not stop the sale.... Read more »

1 Answer | Asked in Contracts and Insurance Bad Faith for Texas on
Q: Can Knights of Columbus refuse to cancel my life insurance policy? They won't let me change beneficiaries or cancel.

I have been divorced for a long time. I've recently remarried and I'm updating my insurance beneficiary with Knights of Columbus. They asked for a copy of my divorce decree and replied with this: It appears the divorce decree did not have any information concerning your KOFC policy. We... Read more »

Leroy Scott
Leroy Scott answered on Oct 13, 2021

1. Because Texas is a community property state, when an insured is/was married, it can cause problems for a beneficiary later on because the surviving spouse can claim that s/he is entitled to some of the policy payout.

2. If you don't pay the premiums, the policy will simply lapse.

1 Answer | Asked in Contracts, Civil Rights, Insurance Bad Faith and Insurance Defense for Texas on
Q: Am I doing something illegal?

i just want to see if this something illegal I’m getting roped into? I have received check via email from a woman I was talking to online. On the checks, they have a Life Insurance company at the top of the checks. they are asking that I deposit them into my bank via mobile deposit, keep partial... Read more »

Leroy Scott
Leroy Scott answered on Oct 13, 2021

This is almost certainly a scam and very likely a crime. Life insurance companies don't send checks and ask you to return some of the funds.

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: What does it take to change names on a deed?

My son is buying a condo. After he closes, I want to give him half the down payment in exchange for half ownership. What will be required?

Anthony M. Avery
Anthony M. Avery answered on Oct 1, 2021

He will have to execute a Deed to you for a one/half interest as a tenant in common.

But apparently it will be subject to a security interest, and the lender might exercise a due on sale clause for foreclosure. Hire a competent attorney prior to the condo purchase. You might be better...
Read more »

1 Answer | Asked in Contracts and Intellectual Property for Texas on
Q: This patent was invented by my father. He is deceased. What happens to the patent?

His old job “Circuit Image Systems” is shown on the patent but they seem to be closed. John Leon is co inventor and I cannot find him.

Kathryn Perales
Kathryn Perales answered on Sep 29, 2021

If you are referring to patent 6445969, inventors Jim Kenney and John Leon, this patent has expired and is now in the public domain. If you look it up on Google patents, you can see the details.

1 Answer | Asked in Employment Law, Contracts and Tax Law for Texas on
Q: Can employer go back on commitment in writing on issuing W-2c ?

An individual worked respite hours taking care of elderly in 2020 but insurance company did not pay for hours worked. in 2021, insurance company agreed to pay for hours worked in 2020. By this time, individual was enrolled in school full time and had a financial aid package and grants in place.... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

You should contact a local employment law or tax law attorney to help you. This BB is not for providing specific legal information for you to deal with a particular claim. Search for a local attorney on this issue here on Justia.

1 Answer | Asked in Family Law, Contracts and Real Estate Law for Texas on
Q: Will we need legal help?

The owner of the house we just signed a lease/paid deposit for was working with a property management company but has fired them for his own reasons. They still have the property listed for rent, the lockbox hasn't been removed, and we want to make sure we're covered. We have a lease... Read more »

John Cucci Jr.
John Cucci Jr. answered on Sep 20, 2021

If you have a lease signed by the home owner, you are in good shape. On the first day of the lease, you need to be there and occupy the house. That will solidify your tenancy. I would talk to the owner to confirm your move-in date. The fact that you paid the deposit puts you in good shape legally.... Read more »

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