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Texas Contracts Questions & Answers
1 Answer | Asked in Contracts for Texas on
Q: Is a tax lien on commercial property a defense to breach of contract for sale if it cannot be cured by sale proceeds.
Teri A. Walter
Teri A. Walter answered on Jan 12, 2021

If there is still a tax lien on the property after it is sold, and the seller provided a warranty of title, or the contract provided for such a warranty, then the lien would be evidence of a breach of the contract, not a defense.

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: House rental lease ends jan 31 realtor wants to show house now with covid spikes can they legally show the house
Allison Higgins
Allison Higgins answered on Dec 22, 2020

This is a question coming across a lot of lawyer's desks, but there doesn't seem to be a strict answer yet. Maybe you and your landlord can agree to only do virtual showings. Check your contract to see if it says how and when they can show the house.

You may want to hire an...
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1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: Row/easement was attained with invalid signature many years ago. Any recourse?

My father was forced by local law to let common carrier place plant/poles with an invalid contract. Any recourse after 30 years.

Anthony M. Avery
Anthony M. Avery answered on Dec 15, 2020

Setting aside the ROW in Court is not an option if it is your chain of title. However contact a competent Texas attorney that has actually engaged in real property litigation, not a title company. He should be able to advise about physically blocking, and thus terminating, the Easement. It... Read more »

2 Answers | Asked in Contracts, Intellectual Property and Education Law for Texas on
Q: If someone retypes my contract, different font same words then signs, is this legal and his property, not mine?

Have determined this is not a print program in my issue. I haven't signed it yet. Misrepresentation of fact? An attp to defraud me by his creation of intellectual property?

Kathryn Perales
Kathryn Perales answered on Dec 14, 2020

I think you are asking whether, by copying a contract you created, someone is infringing your copyright rights, and if so, how you can stop them or get them to pay you damages.

If your contract is legally considered creative enough to have copyright rights, then the verbatim copying is...
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1 Answer | Asked in Business Law and Contracts for Texas on
Q: Is there a place in the HOA contract that states how much the dues can go up to; top out at?
Teri A. Walter
Teri A. Walter answered on Nov 25, 2020

Typically, no. That's in part because HOAs are expected to last over many years, and they will want to be able to adjust the dues to account for inflation, or additional or increased expenses of maintaining the common areas.

1 Answer | Asked in Contracts, Real Estate Law, Construction Law and Land Use & Zoning for Texas on
Q: As a recent property owner, there's a pipeline easement that was recently purchased by the developer.

They are requesting a "contribution" in a contract agreement to abandon the easement. Do I have to pay any "contribution" requested from the easement holder to abandon the easement? What are my options to terminate the easement that has not been in use for over 40 years and is no longer be needed.

Teri A. Walter
Teri A. Walter answered on Nov 24, 2020

It sounds like the developer is trying to make arrangements for an agreement to abandon the easement. If they're asking for a "contribution" that sounds like a voluntary thing, but it's not clear where the easement runs. If you are one of the property owners across which the... Read more »

1 Answer | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for Texas on
Q: Can I sue a deceased person in small claims court if the probate has just been initiated?

The deceased person never fulfilled their obligation, and we signed a contract. She was the sole owner of the business and the probate process has just been initiated by her husband. The administrator has been assigned yet either. Could I still sue her business and her estate in small claims court?

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

The short answer is no - because there's no one alive to sue, and until someone is appointed to represent her estate, there is no one with authority to act for her. Once some one is appointed as executor or administrator, you can make a claim against the estate, and sue the executor or... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: Texas shared well agreement.

We are financing our home through an estate trust. The deceased previous owner signed a shared well agreement with the previously owned neighbors lot. Under this agreement the neighbors have to pay a monthly fee for water and share in any repair bills for the well. It also says if the neighbors... Read more »

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

Without looking at the agreement, it's hard to tell, but this sounds like an agreement that runs with the land, so you're bound even if you did not sign it. I suggest you start sending your neighbors bills for the water usage, and negotiating an appropriate rate for their usage, rather... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: If I have a contract to buy a house in Texas and the owner dies before deed is prepared by title company, what happens?

Because of COVID 19 it is taking a long time for paperwork to be prepared. My contract is good though end of this month. What happens if he doesn’t sign extension before he dies?

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

If the Seller dies before the extension is signed or the sale closes, then you won't be able to close until someone is appointed by the Probate Court to act for the Seller - either an executor of the will, or administrator of the estate.

If the closing date has already passed, and...
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1 Answer | Asked in Civil Litigation and Contracts for Texas on
Q: foreeclosured in 2014 butr now 10/21/2020 i recieved a lein release it was paided off dont they owe compensation for 5 y

i havent been in home since 6/23/2015 i was evictied after forclosure 5 years of homelessness me and 3 children they sent me a release of lien 10/21/2020. i want compensation for the loss of home and all punitive damages. but dont know how to start a case and can move back in but its in a hoa... Read more »

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

Sorry, there's nothing in your post that suggests that the foreclosure or eviction were done improperly. You can't sue for damages due to the loss of the house unless the foreclosure was done improperly. In addition, such a suit must be brought within a maximum of 4 years (the time... Read more »

1 Answer | Asked in Contracts and Employment Law for Texas on
Q: Can I change the "at-will" contract with my employer to "without cause" to have more employment protection rights?

Most private contracts with private employers are "at-will"

which means the employer or place of business can terminate you

for any reason at any time. I want to change an at-will contract with my employer

to put me on a more even playing field. Almost like a... Read more »

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

Sorry, an "at-will" employment is the same as "without cause," so there's no benefit to trying to change the arrangement, because it won't give you any more rights.

If you are in a management position, your employer Might consider entering into an employment...
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1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Foreclosure for Texas on
Q: What to do if a Judge is making me part of a case and I am not listed as party where it shows active and inactive party

I had a case in the court, but the person litigated in another court, and was awarded his request. I filed an appeal. Then had a TI schedule, in the TI one attorney post fraud. I filed for bankruptcy, the Judge in the BK ruptcy court heard the case and overturned the lower court finding. As it was... Read more »

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

Sorry, this is a complex fact situation which appears to involve at least 3 different matters. No helpful comments can be made without reviewing the status of the underlying cases. If there is currently a Motion for Summary Judgment filed against you in the Counterclaim, you need to make sure... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: Texas shared well agreement.

We are financing our home through an estate trust. The deceased previous owner signed a shared well agreement with the previously owned neighbors lot. Under this agreement the neighbors have to pay a monthly fee for water and share in any repair bills for the well. It also says if the neighbors... Read more »

Ricardo Guerra
Ricardo Guerra answered on Nov 13, 2020

If a contract pertains to the use of land it is possible that the contract 'runs with the land' and therefore passes on to subsequent owners. However this is not automatic and will depend on the language within the contract and the intent of the original parties. The one thing that can... Read more »

1 Answer | Asked in Contracts, Personal Injury, Car Accidents and Collections for Texas on
Q: I'm not happy at all with the low settlement offer from attorney.options?

I was in an accident where they had it closed down to one lane of traffic and the concrete arm off of a Mack truck swing out in front of us and busted through the windshield it could have killed us if we had been going fast enough which I feel like is a major mess up on their end the guys already... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 12, 2020

A Texas attorney could advise best, but your question remains open for a week. Your post raises many issues and could be too involved for a simple response such as "do this," or "do that." As a GENERAL matter, it is possible that what you describe could result in a lien on your... Read more »

1 Answer | Asked in Contracts for Texas on
Q: What is difference between a proposal (bid) and a contract ?

I signed a proposal for roofing job. Contractor had material delivered to my home a week ago. We have not heard from him. All we have is a hand scribbled proposal that was done on 8/18/20 and material on our driveway.

Tim Akpinar
Tim Akpinar answered on Oct 26, 2020

A Texas attorney could advise best, but your post remains open for a month. In general terms, a proposal can be a document or package that contains a vendor's outline for performing a job. But you mention that you signed it, so one would need to know more about the document you signed. A... Read more »

3 Answers | Asked in Contracts, Copyright and Patents (Intellectual Property) for Texas on
Q: How can I go about researching to confirm my new idea doesn't copy someone else's patent.
Stephen Kontos
Stephen Kontos answered on Oct 19, 2020

You should consult with an experienced patent lawyer. This is not something you should try on your own. Determining whether you infringe a patent is complicated and best left to professionals. A patent lawyer can help you find the relevant patents in your industry and advise you during product... Read more »

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1 Answer | Asked in Car Accidents and Contracts for Texas on
Q: I have free oil changes on my car and now they saying I have to pay why

A friend of mine purchase a new car from the same place a year later and he still get free oil changes

Tim Akpinar
Tim Akpinar answered on Oct 14, 2020

A Texas attorney could answer best, but your question remains open for a month. One possibility is that the facility had entered into a different type of agreement with the other person than they did with you. Another possibility is that the program was good for a set period of time - your program... Read more »

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

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