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I am currently living with my mom in Houston, Texas, and helping pay off a house owned jointly by her and my dad, although the mortgage is under his name. I've been contributing to the mortgage payments for the past seven months. Both my parents agree to transfer the house title to me, and I... View More 
answered on Apr 29, 2025
Absent unusual circumstances, both parents need to agree and, most likely, the lender will either have to approve the transfer or the mortgage will be accelerated and become due and payable in full to the lender as a result of the title transfer.
I am currently named on an assumed name certificate for a sole proprietorship. However, prior to this, I was merely an employee of the business and did not sign any agreements or contracts regarding the company's debts. Am I liable for any previous debts of the company?
answered on Apr 29, 2025
A sole proprietorship (i.e. a d/b/a) is not a separate and distinct legal entity from the natural person who is the owner of the assumed name. It is a natural person (i.e. the sole proprietor) conducting business under an assumed name. So there is no "company" or "company... View More
I purchased a robot vacuum from TikTok, and it didn't work. The seller, upon my request for a refund, instructed me to return the product and promised I would receive the refund within 10 days. However, it's been over two months, and they now claim to be waiting for an answer from the... View More
answered on Apr 28, 2025
You can file a small claims lawsuit against the actual seller. You will need to determine the actual legal name of the seller, if the seller is registered to do business in Texas, and who the registered agent for service of process is. If the seller is not registered to do business in Texas (and... View More
I was recently fired from my employer for alleged breach of contract, specifically for threatening a co-worker, which I deny. I have text evidence showing that two other associates made similar threats but were only given a final write-up, not terminated. I suspect my termination is related to my... View More
answered on Apr 21, 2025
Your termination may violate the FMLA if you can prove that the stated reason "threatening a co-worker" is a mere pretext and that the actual reason for your termination was you taking medical leave.
I sold a piece of land using a Deed of Trust and Warranty Deed with a vendor's lien. The original buyer wanted out of the contract, and another buyer assumed the note. The property was transferred to the new buyer's name, and upon full payment, we issued a Release of Lien to them. Now,... View More
answered on Apr 16, 2025
Because you are not the one who sold the property to the new buyer, the preparation, signing, and delivery of a warranty deed is not your responsibility. The original buyer who sold the property to the new buyer and assumed the original buyer's note obligations to you is the party who should... View More
I borrowed $1100 in December 2024 under a verbal agreement that I had 6 months to repay the money, during which my car couldn't be taken. Despite this, the lender impersonated a hotel manager to have my car towed away prematurely on April 12, 2025, only 4 months into the agreement. I called... View More
answered on Apr 15, 2025
In the absence of a recorded lien against the motor vehicle as collateral securing repayment of the loan, the lender violated Texas law by taking possession of your motor vehicle. You should report the taking of your car to local police.
You also can file a lawsuit under the Texas Theft... View More
I'm looking to find an attorney who works on a contingency basis to help with a breach of contract and deceptive trade practices case concerning a leased premises. For about a year, I've been living with mold and bad water. Despite my written complaints over the past 11 months, the... View More
answered on Apr 9, 2025
In the absence of significant damages, it will likely not be possible for you to locate an attorney willing to work on such a case on a contingency fee basis. You would need to show some sort of "value" to the leased premises. If it is a commercial property in a prime location with a... View More
I lived in a property for six months under a one-year lease agreement. After I requested to be removed from the lease agreement, the property management refused, stating it was a court matter outside their jurisdiction. In the meantime, I discovered that both tenants took over my room without my... View More
answered on Apr 7, 2025
The answer to your question depends on whether the "two tenants" are people you were sharing the premises with you under the lease (cotenants) or new people who rented the premises after you stopped living there.
When you sign a lease for one year, you commit yourself to paying... View More
I was awarded a vehicle in my divorce, but the credit union refuses to acknowledge the divorce decree, stating the loan and title remain in my ex-husband’s name. They will not allow refinancing in my name, affecting my ability to register the vehicle. I’ve considered returning the vehicle to... View More
answered on Apr 3, 2025
If the loan is solely in your ex-husband's name and the divorce court did not order to pay the loan and to hold your husband harmless from any failure to pay the loan, then your ex-husband remains liable on the loan. In addition, the vehicle remains collateral for the repayment of the loan.... View More
I had a contract to build 15 straight stairs using white oak materials. The client originally agreed to this, but the cost of white oak increased unexpectedly right before purchasing the materials. Despite this, I decided to honor the original estimate and start the project, even though it was... View More
answered on Apr 2, 2025
You cannot terminate the contract due to the increased cost of materials unless the contract language expressly gives you that right.
You also cannot terminate the original contract due to requests from your customer for additional work, although you are not required to agree to the... View More
I submitted a second bid for a property, and my realtor informed me verbally the next day that the bid was accepted. However, I haven't received any written confirmation of the acceptance. Is the realtor obligated to provide a signed document confirming the accepted bid?
answered on Mar 31, 2025
Traditionally, you and the Seller will both sign what is called an "earnest money contract." It will contain the sales price you and the seller agreed upon as well as certain other terms. You will deposit a sum of money with a title company as earnest money (showing that you are... View More
I work for a company that recently merged with another company. Three years ago, I signed an employee agreement that provides a weekly truck allowance, maintenance costs, and a fuel card for using my personal vehicle for work. The company taking over is attempting to remove these benefits without... View More
answered on Mar 31, 2025
The parties almost always can modify a previous agreement if they both mutually agree to the modification. If the parties do not agree, it depends upon what the original agreement provides whether one party can unilaterally modify the agreement. If there is nothing that gives the company the... View More
I supply material to a company, and an individual has sued this company for a failed product made with the material I supplied. An executive from the company gave a false deposition, claiming my material was faulty, leading to the failure. He falsely stated they informed us about the bad quality... View More
answered on Mar 26, 2025
Statements made in a deposition in a lawsuit are privileged, so you cannot legally recover damages, obtain an injunction, or compel a retraction.
You should tender the lawsuit to your insurance company and request a defense. Any reputable business like yours that provides material and... View More
I purchased a car in 2022, and the lender stated that insurance was included in the car note, but they have not provided proof despite multiple requests. I received a ticket for not having insurance, and the lender refuses to provide documentation. I had a written agreement and several... View More
answered on Mar 26, 2025
There are different types of insurance. The law requires the driver of a motor vehicle to carry proof of liability insurance and provide it upon request to a police officer. This is what you can get a ticket for. It would be very unusual for a lender to provide this type of insurance.... View More
I recently sold a piece of land, and the survey has just been completed. The buyer has not yet made any payment, and I did not use an attorney or a title company. I need assistance in obtaining and recording the warranty deeds, preferably by the end of the month. How should I proceed with this... View More
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answered on Mar 25, 2025
You have not sold land yet. Without a deed conveyance and getting paid, you have done nothing but possibly get into legal trouble, and definitely will cause problems for all concerned. Hire a TX attorney to search the title, draft appropriate deeds which incorporate legal descriptions from the... View More
I recently sold a piece of land, and the survey has just been completed. The buyer has not yet made any payment, and I did not use an attorney or a title company. I need assistance in obtaining and recording the warranty deeds, preferably by the end of the month. How should I proceed with this... View More
answered on Mar 25, 2025
You don't.
If you were very experienced and knowledgeable about deeds and conveyances of real property, you could probably draft a simple deed yourself.
The fact that you are asking this question, however, indicates that you are not experienced and knowledgeable on this... View More
I was overseas when my husband, who held power of attorney, transferred all our assets into his name, divorced me without any notice, and I was not served with any legal documents. The events occurred in Galveston, Texas. How can I challenge the divorce and the transfer of assets, and what are my... View More
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answered on Mar 23, 2025
The attorney-in-fact under the POA is a fiduciary for his principal (you). Conveyances of the principal's assets to the agent, by the agent, are presumptively fraudulent. He could rebut the presumption, and it may have come under the divorce proceeding. Hire a TX attorney to file suit... View More
I'm in the process of selling a property after a divorce. The divorce decree clearly states that I have no debt, yet there is a HELOC loan taken jointly by my ex-spouse and me. Am I responsible for the HELOC loan repayment during the sale of the property considering the terms of the divorce decree?
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answered on Mar 21, 2025
Under Texas law, your divorce decree may state that you are not responsible for any debts, but lenders are not bound by divorce decrees—they are only bound by the original loan agreement. If you signed the HELOC (Home Equity Line of Credit) jointly, the lender can still hold you personally... View More
I am considering firing my lawyer because I believe he is not representing my son effectively. He has only visited my son twice, and that was during court appearances. There are many discrepancies in the case he refuses to address with the prosecutors. Although I requested an itemized statement of... View More
answered on Mar 21, 2025
Most likely, from what you say in your question, the lawyer is your son’s lawyer and you and your ex-husband agreed to pay $7500 each for the lawyer to represent your son.
It is important to understand that, in this situation, only your son can fire his lawyer. Your son’s lawyer may be... View More
I was approved for a loan by a probate advance company, but they've only sent one payment and haven't fulfilled the rest of the payments as promised. They've stopped responding to my emails and calls. I have the loan agreement and written communication. What steps can I take to resolve this issue?
answered on Mar 15, 2025
You can sue the lender for breach of contract. Check your loan agreement to see if you agreed to mediation, arbitration, or a particular forum for the resolution of your dispute. These type of provisions are common in such loan agreements and are almost always enforceable.
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