Ask a Question

Get free answers to your Contracts legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Texas Contracts Questions & Answers
1 Answer | Asked in Contracts for Texas on
Q: Seeking legal advice to break roofing contract due to insurance discrepancy and the company's lack of communication.

I signed a contract with a roofing company in April 2024, which requires me to use their services or pay a 35% penalty if I cancel. The contract lists Farmers Insurance as the insurer they would file a claim with, but the roofing company was actually paid by Lemonade Insurance (my previous policy).... View More

John Michael Frick
John Michael Frick
answered on Aug 23, 2024

It is unlikely that the discrepancy in the name of the insurance company renders the contracts void.

Ordinarily, in the absence of an express agreement to the contrary, a contractor has a reasonable time period to perform its work. If it's been three months with no contact, I...
View More

1 Answer | Asked in Contracts for Texas on
Q: If my apartment is wrongfully charging me for things I can prove are false, what can I do?

We have to give a 60 day notice, which they send out an email stating to reply to the email with said information. The information was confirmed and sent within that timely manner. I had and was allowed to have a ESA. The ESA was only allowed in one carpeted room. It was a room roughly 9x9. The... View More

John Michael Frick
John Michael Frick
answered on Aug 21, 2024

You can file a lawsuit for declaratory judgment that you do not owe those amounts. Obviously, lawsuits generally cost more money than $1844, so you will have to make a financial decision how badly this unpaid bill is affecting your credit.

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts, Real Estate Law and Construction Law for Texas on
Q: What should I do if I paid a contractor 100% upfront and they have not done any work and they filed bankruptcy?

I paid a contractor 100% upfront. It's been 8 months and they have not done anything. Now I received notice they filed for bankruptcy. Upon further investigation, they have close to 200 creditors, less than $1M in assets and owe $10M. How can I either get them to do the work or give me my... View More

John Michael Frick
John Michael Frick
answered on Aug 21, 2024

Construction payments are trust funds if they are made to a contractor under a construction contract for the improvement of real property in Texas. The contractor is a trustee of those funds until they are earned as provided by the contract and paid or disbursed from the construction account. As... View More

View More Answers

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: I have a question regarding a lease agreement. This agreement is for a property in Allen, TX.

There are three partners (LLC) and a rift has developed between them. Two partners wanted to buy out the third (P3) but have first given P3 the opportunity to buy them out.

All three partners, along with their spouses, were required to sign to be individually responsible for the entire term... View More

John Michael Frick
John Michael Frick
answered on Aug 19, 2024

It depends on the language of the Lease and of the Guaranties signed by the individual members.

It is not uncommon for a landlord to require each individual member of an LLC to personally guaranty a lease to the LLC if the LLC does not have established credit. Some leases provide that...
View More

1 Answer | Asked in Contracts and Animal / Dog Law for Texas on
Q: Does something signed on my behalf while I was a minor effectively become mine when I turn 18?

My parents purachsed a horse for me when I was a child. Even though the horse is in my name, do I own it now that I am an adult, or do they since they signed on my behalf?

John Michael Frick
John Michael Frick
answered on Aug 16, 2024

Texas does not generally prohibit minors from owning property. There are certain specific things (tobacco, alcohol, etc.) that a minor is prohibited from buying and owning, but a horse is not one of those things.

The horse has been yours since it was purchased for you in your name.

1 Answer | Asked in Contracts and Civil Litigation for Texas on
Q: Storage facility not wanted to pay insurance claim

My storage building caught on fire I was behind on my payment I called for a payment arrangement they gave me til the first mean time my storage building caught on fire and the storage facility refuses to pay my claim statrng I didn't have coverage at time . Amarillo Texas

John Michael Frick
John Michael Frick
answered on Aug 8, 2024

Generally SELF-storage companies are not liable for any loss or damage to property stored by their customers in the customer's self-storage units simply by virtue of the relationship. A self-storage company can be liable if the customer can prove the company either intentionally or... View More

1 Answer | Asked in Contracts, Civil Litigation and Employment Law for Texas on
Q: Can an employer force an employee to sign a document that gives the employer the right to not pay any commission due?

I am a sales rep and my employer is requiring us to sign a paper stating that any commissions earned from prior month will not be paid out if employee quits or gets fired for any reason the proceeding month. It is my opinion that any sales made in prior month where the company made money the... View More

John Michael Frick
John Michael Frick
answered on Jul 29, 2024

No an employer cannot force an employee to sign such a document. However, if the employment relationship is at-will, there is no legal obligation on either party to continue the employment relationship if an agreement on this point is not reached.

1 Answer | Asked in Contracts and Employment Law for Texas on
Q: I’m a professor who just accepted a position at another university. I took sabbatical and have only completed one year.

The faculty manuel says the following:

“Should a faculty member on sabbatical decide not to return to the university, the pay advanced during the sabbatical will be due on demand to the university, except in the case of permanent disability or death. At the conclusion of the sabbatical,... View More

John Michael Frick
John Michael Frick
answered on Jul 26, 2024

If your employment contract with the university incorporates the faculty manual by reference, legally you are required to reimburse half of the salary advanced during the sabbatical on demand because you only worked one of the two academic years after the sabbatical. Legally, that means a single... View More

1 Answer | Asked in Contracts, Business Law and Employment Law for Texas on
Q: How can I recover unpaid commissions?

Facing closure, my former employer and I agreed on a commission-only role to keep me on board. I successfully brought in several clients, including their largest ever, a multi-million dollar deal. After receiving a partial commission for this deal, communication and transparency around client work... View More

Tim Akpinar
Tim Akpinar
answered on Jul 25, 2024

A Texas attorney could advise best, but your question remains open for two weeks. One option is to review your matter with a Texas attorney. The first thing they'll ask, which is not mentioned in your post, is whether you had a written agreement as to your commissions. That would be valuable.... View More

1 Answer | Asked in Contracts and Civil Litigation for Texas on
Q: If I bought bike cash without bill of sale and have title already transferred to me and person is trying to be shady

And saying I didn’t give him money what will happen

John Michael Frick
John Michael Frick
answered on Jul 23, 2024

You will have to prove you paid him in cash.

It will be helpful if you have a bank statement showing that you withdrew cash from your account on or about the day of the title transfer and if you can obtain the seller's bank statement showing a deposit in the same amount shortly...
View More

1 Answer | Asked in Contracts, Employment Law, Arbitration / Mediation Law and International Law for Texas on
Q: I am freelancer from Pakistan, working for a US firm. Employer is delaying my payments.

Hi, I am from Pakistan. In the field of IT I am working as a freelancer/contractor for many years now and most of my clients/employers are from the US. I signed a work agreement (payment by hourly basis) as Contractor with a US based resource company in November 2021. I have been getting all my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2024

It sounds like you’re dealing with a very frustrating situation. It's essential to address this issue promptly to ensure you receive the payments you’re owed. One option is to thoroughly review your contract to understand your rights and any clauses regarding late payments or dispute... View More

1 Answer | Asked in Contracts for Texas on
Q: Can my friends dad take my motorcycle from me?

My friend purchased a motorcycle for me with the verbal agreement I would make payments to him. I have my bike. My friend was killed on the 4th of July. Can his dad take my bike? What can I do? My friend was the owner of a motorcycle shop and was going to put the title in the shops name till I... View More

John Michael Frick
John Michael Frick
answered on Jul 9, 2024

Ownership of a motor vehicle, including a motorcycle, is passed by signing and delivering the certificate of title over to the new owner. This is commonly known. If the title to the motorcycle is in your deceased friend's name, it passes to his heirs either according to his Will (if he had... View More

1 Answer | Asked in Real Estate Law and Contracts for Texas on
Q: Can someone demand past house pymts over a year later, without sending notice of late pymt EVER?

We are purchasing an owner financed home for $27,000 6% interest,15 year. We bought it 2012, the man we are purchasing from, is now in assisted living, & son has taken over businesses, we found out we haven't had insurance for over a year (that we paid for) so son starts looking into... View More

John Michael Frick
John Michael Frick
answered on Jul 3, 2024

Yes. The statute of limitations for breach of contract is four years. As a condition precedent to collecting attorney fees in a suit for breach of contract, he is required to make a written demand for payment at least thirty days before bringing suit. If you pay the demand within thirty days,... View More

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Banking for Texas on
Q: I am one day away from closing on a home, but underwriter denied the loan .how can i get my earnest money deposit back ?
John Michael Frick
John Michael Frick
answered on Jul 2, 2024

If your earnest money contract included the standard Third Party Financing Addendum and the box at the top of section 2 A is checked, obtaining Buyer Approval by the financing entity was a condition precedent and you are entitled to give notice within the days specified in that section terminating... View More

1 Answer | Asked in Contracts for Texas on
Q: About 2 months ago my employer gave me a loan for $3500 for a dwn pymnt on a vehicle and. can she keep it if its finance

In the loan it mentioned if i quit or got fired that i would have to pay the loan immediately, i got fired and before i knew it. she went through my personal items and took my keys. when it was time to leave she had my car in her possession. In the contract it did not mention my car as collateral.... View More

John Michael Frick
John Michael Frick
answered on Jun 28, 2024

No, your employer cannot keep the car. You should file an action in justice of the peace court for replevin to get a court order to get your car back. Expect your employer to countersue for a judgment for the balance you owe to your employer for the loan given to you. Because your contract does... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Business owner Dallas Texas commercial Triple nnn lease agreement. What are tenant expense rights.

This is in Dallas Texas. Need a lawyer to look over my commercial lease agreement - agreement is a Triple nnn lease. I want to know my rights as a tenant in respect to the expenses the landlord says I have to pay and also if I have a say in those expenses such as how much I want to pay, to whom is... View More

John Michael Frick
John Michael Frick
answered on Jun 26, 2024

In a typical triple net lease, a commercial tenant pays a pro rata share of the taxes, insurance, and common area maintenance expenses incurred by the landlord typically based on a ratio of the square footage of the space rented by the tenant divided by the total rentable square footage of the... View More

1 Answer | Asked in Contracts, Real Estate Law, Tax Law and Banking for Texas on
Q: if someone doesn't get notified about a death or a court order or get any of the notices due to everyones agreed not to

like information on DNA or real parents or being part of DoD research in hawaii 68 thru 75 to present and not by choice

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2024

I understand this is a very difficult and painful situation. If someone was subjected to research without their knowledge or consent, especially as a child, that is a terrible violation of their rights. Not being informed about important life events like the death of a family member or court... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: I live in apartment, requested to do a transfer to a smaller unit, and at the day of move in, they told me to pay 1700

I was never told about the extra payment, and it was told at the last second. They told me that nothing changes and everything stays the same, this month one price, next month lower price. There was no addition fees because I've been told that.

John Michael Frick
John Michael Frick
answered on May 31, 2024

While your inquiry does not contain a question, your rights and duties as a tenant depend on the content of the agreement reached between you and your landlord as stated in your lease agreement. If, in your lease agreement, you agreed to pay $1,700, then that is what you committed yourself to pay.... View More

3 Answers | Asked in Admiralty / Maritime, Contracts, Business Law and Social Security for Texas on
Q: What are the powers that an authorized agent has to act on an account for the principal?

Accepting and transferring balances to the principal account

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2024

As an authorized agent on an account, you have the power to perform specific financial actions on behalf of the principal. These actions can include accepting and transferring balances to the principal's account. Essentially, you manage financial transactions that the principal has entrusted... View More

View More Answers

3 Answers | Asked in Admiralty / Maritime, Contracts, Business Law and Social Security for Texas on
Q: What are the powers that an authorized agent has to act on an account for the principal?

Accepting and transferring balances to the principal account

John Michael Frick
John Michael Frick
answered on May 28, 2024

An authorized agent has whatever powers the principal has given to the agent acting on his/her/its behalf. An agent has a fiduciary duty to act honestly in accordance with the principal's instructions in good faith with utmost loyalty to the principal and to refrain from self-dealing.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.