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Texas Contracts Questions & Answers
2 Answers | Asked in Contracts and Real Estate Law for Texas on
Q: After signing the purchase contract for a new home the seller is now asking for about 50k more, Is this legal to do?
Teri A. Walter
Teri A. Walter answered on Apr 8, 2021

It's perfectly OK to ask, and it's also perfectly OK for you to say no.

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1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Do I still have to give notice if i’m in between leases right now?

my lease expired on march 23rd 2021. Originally I had given a 30 day notice (what’s required per my lease) and was planning on moving to a new complex, but decided to retract my notice and just transfer units (switch from 1 to 2 bed). I have been waiting for over a month for my transfer request... Read more »

Teri A. Walter
Teri A. Walter answered on Apr 7, 2021

Your old lease expired, and you haven't signed a new one. For most leases, this means you're a month to month tenant. Check your lease to be sure. If that's the case, you must give a 30 day notice to terminate the lease.

1 Answer | Asked in Landlord - Tenant, Contracts, Criminal Law and Real Estate Law for Texas on
Q: Should I include DHA in my lawsuit against a tenant who trashed my property?

They were supposed to perform inspections.

I’ve reported (on their website form) my tenant (to DHA) for using fraudulent info to obtain funds.

Tenant left a lot of trash behind that shows how she manipulated the system to pay her rent and child support including fictitious phone... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 2, 2021

I'm not sure why this is labeled Criminal Law but a lawsuit to recover money is always some flavor of civil law... consult an attorney with experience suing the government to find out about the immunity issues.

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: told a friend that my credit score is above 700 and he said he can get us a $2 million loan. What actions should I take

He's into real estate but I'm new wanting to start buying properties. What actions can I take to make sure I'm covered on my part that way everything does not fall on me?

Teri A. Walter
Teri A. Walter answered on Apr 1, 2021

The most important thing is to get a lawyer to review every part of this deal before you do it, and I'd be suspicious from the start. It's telling that he can get "us" a $2 million loan. Sounds like trouble already, because he's using your credit to do his business. This... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: Can the home seller legally get out of the contract?

I’m currently in the process of buying a house. We’ve gone through all inspections as well as the appraisal, and the seller has signed their end of the contract agreeing to the sell price. Yesterday their realtor called and said they are no longer comfortable selling the house for the agreed... Read more »

Teri A. Walter
Teri A. Walter answered on Mar 4, 2021

Probably not, but you may want to take the contract to an attorney for review to be sure. Don't sign any more extensions, and you will want to go ahead and have your financing ready, and you may want to appear at closing as well.

1 Answer | Asked in Contracts for Texas on
Q: Hello, Officers in a condominium association have refused to account for monies and to submit to an audit. Recourse?

There are 2 buildings in the association, 4 homes in each. There are different issues for each building although the owners of one building have taken control to their advantage. What has been recorded in minutes is now “lost” although I can substantiate what happened through emails and... Read more »

Teri A. Walter
Teri A. Walter answered on Feb 26, 2021

Yes. Elect new officers.

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Identity Theft for Texas on
Q: Who can I sue and how do I go about it?

A guy I know opened a joint account on an apartment in his and my name, I never lived in the apartment and never gave permission for my name to be used.

Tim Akpinar
Tim Akpinar answered on Feb 25, 2021

A Texas attorney could advise best, but your post remains open for three weeks. If you consulted with attorneys who handle civil litigation, they should be able to advise. They could also identify necessary measures to be taken, such as notifying banks and other financial institutions. Good luck... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: If seller cashes 4000 downpayment check and just wants 2 minor things done to contract can he back out.

We were in a verbal agreement and I changed what he wanted changed on contract and he cashes the down payment check, but now he says he has a better offer and he dont want to sell to me he wants to accept the other offer. Can he do that

Teri A. Walter
Teri A. Walter answered on Feb 9, 2021

In order to be enforceable, contracts to buy or sell real estate have to be in writing. So yes, he can back out of the deal, but he'll need to refund your down payment.

1 Answer | Asked in Contracts for Texas on
Q: Can I get out of my lease if when signed the fitness room was said to be opened 24 hours, and now they have limited

was said to be 24 hours, but now it is limited to Monday-Saturday 9 am-8 pm, and Sunday 12 pm-8 pm

Teri A. Walter
Teri A. Walter answered on Feb 3, 2021

The short answer is no, that won't get you out of your lease.

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Insurance Bad Faith for Texas on
Q: What can I do about a supplemental insurance company's mistake resulting in my info being sent to a coworker?

Local insurance agent put a coworker's address in my account when we were enrolling (along with at least one other typo; birthday is/was wrong). Been going back and forth with him and the corporate customer support team. I can't get a refund and terminate my account, because I cant verify... Read more »

Teri A. Walter
Teri A. Walter answered on Jan 27, 2021

Was the agent negligent? Sounds like it. But at this point it's not clear what your damages are. If they fix the problem, you won't have any damages. No damages means no claim against the agent.

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...
Read more »

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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 »

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