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Texas Contracts Questions & Answers
1 Answer | Asked in Contracts for Texas on
Q: Can a car dealership change my contract a week after I sign and drove off with the car?
Tim Akpinar
Tim Akpinar answered on Oct 13, 2019

A Texas attorney could advise you the best, but your question remains open for two weeks. As a general matter with most contracts, it's a done deal after both sides sign (unless the contract contains provisions that modify this basic premise). You could check with a Texas attorney if they see... Read more »

1 Answer | Asked in Contracts, Employment Law, Personal Injury and Real Estate Law for Texas on
Q: Hi, I'm researching builders to use. Whats the best way to see if they have any lawsuits within past 5 years?

Just want to see if any individual or entity has sued them for anything and what the nature of the lawsuit is. Is there a database online that I can use?

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 3, 2019

If you're looking in Texas, I suggest checking the county property records and county court records to see if there has been anything. Most of it is public information.

1 Answer | Asked in Construction Law and Contracts for Texas on
Q: construct contract 180days stated on contract have passed and owners revenue is piling in the negative,what can be done?

additional verbal 30 days has also come and gone, loss of revenue on original house due to still living in it. Other contract details are not being respected. Stressed to the max, very emotional and now I have even alienated from friends and family. Loss of sleep and ambition.

Tim Akpinar
Tim Akpinar answered on Sep 29, 2019

You should think about contacting a Texas attorney to review the terms of the contract and advising you on what your next steps would be in recovering the money for your performance under the contract. An attorney could outline some of your options, ranging from a letter from a law firm to formal... Read more »

1 Answer | Asked in Contracts, Appeals / Appellate Law, Civil Rights and Securities Law for Texas on
Q: I own and paid for property that was sold under the previous owners name. Buyer wants to evict.What Proof is needed byme
Tim Akpinar
Tim Akpinar answered on Sep 27, 2019

Your question remains open for three weeks, and at this point, if you haven't already, consult with a Texas attorney. This sounds more like a real property matter than one about securities or civil rights. At any rate, the category is not really important at this point. It appears to be something... Read more »

1 Answer | Asked in Contracts for Texas on
Q: Is a photo of a contract valid if you do not have the original document?

I just made a deal with an editorial to give them the copyright of an illustration, they sent me a form, I printed it and signed it, then I sent them a photo, now I regretted it, because there are ambiguities in the document that don't convince me, my question is the photo I sent to them is valid,... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 22, 2019

A Texas attorney could advise best as to state-specific aspects of contract law, but your question remains open for two weeks. In such settings in general, it could depend on who wants to enforce the contract and who wants to get out of it. As a general matter, copies of contracts have been used to... Read more »

1 Answer | Asked in Contracts and Collections for Texas on
Q: Does a Promissory Note for a loan stating monthly payment amounts have to state an actual beginning payment date?

The promissory note for a loan states the loan amount, interest rate and that installments of a $$ amount are "to be paid on the 30th day of each and every month thereafter until paid". There is no payment begin or end date on the note. The only date on the note is at the bottom "Executed this... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Sep 18, 2019

Most likely after the date of execution.

1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: Inn keeper don't not take funds as I have tryed many times over months to pay my bill they write my numbers down an put
Tim Akpinar
Tim Akpinar answered on Sep 13, 2019

An attorney would need some additional information here to offer any kind of input. Are they rejecting the form of payment you use? Is there another underlying issue why payment isn't accepted? With some additional facts, maybe a Texas attorney could offer some meaningful guidance. Good luck... Read more »

1 Answer | Asked in Bankruptcy, Civil Litigation, Contracts and Real Estate Law for Texas on
Q: Ex-boyfriend filing bankruptcy, will it affect me when we have a notarized promissory note?

I am a co-owner of my house (that my parents paid for) with my ex-boyfriend and we are separated because he had an affair. Both of our names are on the deedWe both had an agreement about things after he left the house. We have a co-signed home equity loan of about

Timothy Denison
Timothy Denison answered on Aug 20, 2019

Unless his name is on the deed, he has no claim to the property. He will likely be released from the promissory note on the house, but as long as you make the payment, nothing should happen to you.

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Texas on
Q: Does homestead act over-ride the execution of the last will. The nephew never owned the house it belonged to the estate.

great aunt passed and left everything to her to a select few of her nieces and nephews, One of the nephews was very sickly and not expected to live long, he could live in the house until he died then the house would be sold and divided amongst the remaining living. If he ever moved he would sell... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 16, 2019

No, if the decedent had a Last Will the property should pass in accordance with the will.

2 Answers | Asked in Business Formation, Contracts, Land Use & Zoning and Real Estate Law for Texas on
Q: Can an individual place restrictions on property they are selling if no restrictions were on it before?

My wife and I purchased a 10 acre tract in Polk County on FM 3126 outside Livingston city limits, not in a neighborhood, no HOA or zoning. The land sale contract states "The property shall be used exclusively for agricultural or single-family residential purposes." If we decide to build a... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Aug 13, 2019

I suggest you see if the seller will amend; otherwise, you signed a contract with them and they can hold you in breach of that contract.

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1 Answer | Asked in Contracts and Tax Law for Texas on
Q: I have property tax that was held out of the sell of my home and should not of bren.i am exempt of taxes. The title co.k

Title company kept this money.2300.00 do i take to civil court

D. Mathew Blackburn
D. Mathew Blackburn answered on Jul 30, 2019

The county will have procedures for challenging an assessment. You'll have to take up the case with them and you likely have no recourse against the title company as long as they were abiding by a lawful lien.

I would suggest hiring a professional as tax matters are complex and nuanced.

2 Answers | Asked in Consumer Law, Contracts and Gov & Administrative Law for Texas on
Q: I heard that if you got ripped off by a Contractor(repairs) after Hurricane Harvey you could still file claims with FEMA

I heard that FEMA will go after the fraudulent contractor and may reimburse you for your cash losses.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 29, 2019

You heard wrong. But YOU can "go after the fraudulent contractor" and perhaps "get reimbursed" as damages.

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1 Answer | Asked in Contracts and Civil Litigation for Texas on
Q: How do i go about suing a storage facility over my unit?

I have a storage unit that went into agreement in April 2017 but then went delinquent in Dec 2017. My ex called and used his debit card to bring it up to date payment wise, but the owner if the facility took my name off the agreement, replaced it with the cardholders name, changed my lock and now... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 25, 2019

It is obvious to many experienced lawyers reading this that you and your ex and the owner of the storage unit are in an unfortunate triangle that will probably not end well--for you. If a judge were deciding what to do they would probably agree with the owner of the storage unit that you violated... Read more »

1 Answer | Asked in Contracts and Family Law for Texas on
Q: My grandmother got millions

The money is from our family and it was suppose to be equally divided

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jul 24, 2019

You need to expand on your question. Is this a probate issue? If so, please ask under the probate section. If it is probate, was there a will, was it probated, etc.?

1 Answer | Asked in Contracts for Texas on
Q: I signed a contract with a moving/storage company at the request of my cousin, am I or my deceased cousin the owner?

My cousin died, perhaps intestate. The company will give me access to the contents store, which include any legal paperwork she had, so I will be able to search for a will. I would like to move the contents to a storage unit closer to my location, but have been informed that I may not be able to.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 22, 2019

All you need to do to get the contents is to pay all the storage fees.

1 Answer | Asked in Civil Rights, Constitutional Law, Contracts and Criminal Law for Texas on
Q: What are the ADA regs concerning signing a document when visually impaired?

I was told to sign a bond with, conditions attached, and the cops lied to me about what it contained. I told them I could not read anything without my glasses and they would not read it to me. They just told me to sign it if I wanted out. This sheriff's dept. has a very bad, documented, reputation.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 5, 2019

The Americans with Disabilities Act does not cover altercations with law enforcement officers. Hire a Civil Rights lawyer in Texas to help you.

1 Answer | Asked in Bankruptcy, Consumer Law and Contracts for Texas on
Q: In Texas, should a motion to compel arbitration be included with answer to lawsuit or can it wait?

Being sued by JDB, robo signed lawsuit Im sure. I may file bankruptcy, as I am within means test easily, but would obviously prefer not to do this. I can require arbitration from the original contract to possibly get the JDB to back off, just unsure if motion to compel arbitration should be... Read more »

Timothy Denison
Timothy Denison answered on Jun 18, 2019

Include ilarbitration in answer just to be safe.

1 Answer | Asked in Contracts for Texas on
Q: I cosigned for a car for my brother. Our verbal agreement was if he could no longer pay on it, i was going to take it.

I did, found someone else to pay for it. Now he is on drugs and called the police about the car. Is there anyway i can keep him from having any legal right to the car since he forfeited by not paying? He is a parolee, showing signs of mental illness or the drug abuse.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 18, 2019

If the police ever contact you about this silly situation just tell the police that you are a co-owner of the car and did not "steal" it from your brother. They already know he is a parolee, which will not help his case.

1 Answer | Asked in Contracts, Employment Law, Appeals / Appellate Law and Business Law for Texas on
Q: Is non-compete likely enforceable?

I am an associate dentist in Texas. I signed a do-not-compete with my previous office (a DSO) for 10 miles for 2 years after leaving (It has now been ~1/2 yr). I left due to the company trying to move me into another office (I did not agree to this per the contract) after working there ~1 year. The... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 5, 2019

You have raised several important facts that may enable you to avoid the larger issue altogether. Hire a local lawyer in San Antonio and ask them to tell you if the way you were treated under the written employment agreement is bad enough to support a case of breach; if it is, have your lawyer try... Read more »

1 Answer | Asked in Business Law and Contracts for Texas on
Q: Have signed contract w GC- he was paid but he didn’t pay his subs for work done. What is my liability - if any?

I have a signed contract with a GC and have paid him 2/3 of the contracted amount. He wanted more $ because he had spent on work done- when I asked him to show receipts he could only produce a little under 1/2 of what I PD him and left his subs owing them.

It’s commercial RE- space build... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 27, 2019

The terms of your commercial contract will control this situation.

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