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.
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... Read more »
My father was forced by local law to let common carrier place plant/poles with an invalid contract. Any recourse after 30 years.
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 »
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?
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... Read more »
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.
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.
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 »
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?
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 »
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 »
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 »
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?
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... Read more »
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 »
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 »
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 »
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... Read more »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
A friend of mine purchase a new car from the same place a year later and he still get free oil changes
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 »
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.
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.
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.
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 »
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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