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Texas Contracts Questions & Answers
1 Answer | Asked in Contracts for Texas on
Q: My Partner and I, signed a contract when we was a partnership to a third party company, after 8 mos of being with the

company, we became a llc. I just found out that my partner contacted the company and notified them of our llc but we didn't resign the contract. My question is, can the pursue us as a partnership or will we be protected as a llc

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 23, 2020

Whoever told you that partners can "avoid contractual liability" merely by creating an LLC--composed of the same partners who signed the contract--was wrong. Your new LLC cannot protect you or your partner.

1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: House caught on fire while waiting on claim with insurance co mortgage company foreclosed who get the insurance check
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 23, 2020

The financial institution that hold the note and mortgage. If there is anything left over, you might get some of it.

1 Answer | Asked in Contracts, Personal Injury, Civil Litigation and Civil Rights for Texas on
Q: I currently am working on a case similar to the one found in ex parte snow.

Support needed for the upholding of the constitution

Tim Akpinar
Tim Akpinar answered on Apr 21, 2020

Because of the complexity of your research, it could be difficult for a Texas attorney to advise in the brief format of this Q & A Board. That could be why the post remains open for three weeks. One option is to contact Texas attorneys directly. Although many offices are closed or not seeing... Read more »

3 Answers | Asked in Contracts and Real Estate Law for Texas on
Q: Mortgage Company allowed me to do a short sale. Who keeps excess proceeds from the short sale lender or borrower?

Also is it against the law to have the buyer payoff mortgage BPO Price ? And the excess proceeds be given to me by check from buyer ?

I'd like to have some money after being left homeless by Mortgage Company.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 14, 2020

A "short sale" by definition (usually) does not produce any "excess proceeds" after the sale.

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1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: I have been living in the same apartment for over 30 years. Will I receive the security and pet deposits when I vacate?

There has been a succession of different owners. I have copies of the lease agreements. Giving the required 30 days written notice, I plan to soon vacate the premises. The new owners are renovating and leasing at a higher price than I can pay so the wear and tear will probably not apply, since they... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 9, 2020

Why start possible trouble when you have NO concerns--and will not have any unless and until your landlord refuses to give your security deposit back. (Pet deposits are usually not refundable to anyone.) Wait.

Q: Ex parte snow I remember this case

$91,000,000.00

Tim Akpinar
Tim Akpinar answered on Apr 2, 2020

You posed under Admiralty/Maritime but there wasn't a maritime law question here. Good luck

Tim Akpinar

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1 Answer | Asked in Contracts for Texas on
Q: Can a company be sued for not preforming extra work that is not in the contract?

We are being sued for not performing extra electrical work on a project that was not in the written contract.

Jessica McKinney
Jessica McKinney answered on Mar 25, 2020

As with most contract disputes, the devil is in the details of the agreement itself. There might be language in the agreement that requires you to perform reasonable and necessary work to achieve the initial purpose of the job. If so, an argument can be made that the "extra work" is... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: I Have a contract on a property, can I force a closing.

I put a contract on a property listed by a realtor. It was a cash offer with a quick closing (2 weeks). After the two weeks came and went with not contact I contacted my realtor (who by the way works in the same office as the listing agent). He informed me that the title company had found there was... Read more »

Kevin G Corcoran
Kevin G Corcoran answered on Mar 23, 2020

You may have a breach of contract claim against the owner. I am assuming the title company did a search but don't know if they issued or were going to issue a title policy on the property. The title company should be able to provide a copy of the lien, or maybe you can look it up at the County... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Bankruptcy and Foreclosure for Texas on
Q: I bought a house from someone, but it was foreclosed before the closing date.

On 01-11-2020, I signed the contract with the owner, and the closing date is 02-14-2020. After the house is closed, someone send me a notice on 02-16-2020 that the property had been foreclosed on 02-04-2020, and their deed is recorded on 02-11-2020. Nobody sent me any notice before the closing... Read more »

Timothy Denison
Timothy Denison answered on Feb 22, 2020

The owners title police will protect you, although it will likely take a while to sort it out legally.

1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: Am I responsible to pay subcontractor after 6 months if I paid the contractor in full

The brick subcontractor was paid short about 7400 of 29,000. He contacted me 5 months after his work was completed. I have already paid the contractor in full and now the contractor won’t return my calls. The subcontractor filed a suit in small claims Parker county.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 15, 2020

Although this sounds like a dispute between the primary contractor and his sub-contractor (the bricklayer), the result might become a big problem for you--if the bricklayer files a mechanic's lien against your property. Whether or not they can do that lawfully is beyond the scope of this... Read more »

1 Answer | Asked in Contracts and Employment Law for Texas on
Q: My wife was terminated from her position. The company has sent her an NDA, is she under any legal obligation to sign?

She has already signed an NDA when she started at the company. She was fired for accidentally emailing herself a document that contained sensitive company information. They are requesting that she signs this new NDA, but are not offering any incentive to sign.

The only thing I am really... Read more »

Carrie Dyer
Carrie Dyer answered on Feb 12, 2020

Additional details are needed to fully analyze your wife's situation. You should reach out to an employment attorney in Texas and seek a consultation and review of the NDA that your wife's former employer is asking her to sign.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Trademark for Texas on
Q: How are business owners split? If we have a trademark with three owners how do we know who is the main owner?

Puffington is the trademark, Ernest nornie(one of the owners) has gone astray and moved and is trying to take the whole business... how do we counter that?

Tania Maria Williams
Tania Maria Williams answered on Feb 10, 2020

I am not licensed in Texas and can't give legal advice on the non-federal law portion of the question. However, regarding the trademark, it depends on who is the registered owner and what the operating agreement for your business says. If the company owns the mark, instead of a particular... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Texas on
Q: We signed closing on Jan 30 and the sellers have until Feb 8th to vacate but are no where near packed up, what can we do

They made a deal with us to dwell in the home until Feb 8th closing dates were changed but the vacate date never did. Now it is 3 days until time for them to be out so we can move in and they want 30 more days... WE don't have 30 more days! We have given notice to our current landlord that we... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 6, 2020

You are afraid you might be "committing mortgage fraud"? Really? What is "mortgage fraud?" FYI: This is NOT a legal problem--nor even a legal question.

There are several simple answers, including charging the lazy buyers some reasonable daily rent for every day they...
Read more »

2 Answers | Asked in Contracts, Criminal Law and Insurance Bad Faith for Texas on
Q: Yes my question is about an Trucker's Group Insurance Policy on the job that fall under an Occupational Accident Policy

an o/o trucker who is leased to this trucking co. this policy is in the trucking co. name only , they is the owner of your policy. and they make up they own rules if they want to pay or not and it is most no to be. I have a stroke on the job back in July 28, 2009 why on the job at work and they... Read more »

Roy Lee Warren
Roy Lee Warren answered on Jan 2, 2020

Thank you for your question. I am certain that you are aware you will need legal representation that is particularly skilled in WC law. However, I am sure that is not why you came to this site. I will attempt to assist you because I understand the dire predicament you are in.

SRS is not the...
Read more »

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1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and Landlord - Tenant for Texas on
Q: Can a previous owner legally stop me from moving my house off of their property if its paid for in full?

I have a mobile home I bought from them and part of the contract states I have to have it moved before the end of feb 2020. They are now messaging family members stating they are trying now to do everything they can to keep me from relocating my house.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 30, 2019

If the contract requires you to move your mobile home before the end of February 2020 why are you here today, some 62 days early? Rather than get upset about "your family members" receiving messages from the landlord that appear onerous to them, why not view these messages as being... Read more »

1 Answer | Asked in Banking and Contracts for Texas on
Q: In Texas, if I default on loan, a lender can recoup from my bank account? what if account is only in my wife’s name?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 4, 2019

It would depend on whether your wife has signed as a security interest on the loan as well and what exactly the loan is for. The lender may also have to first obtain a judgment. Another thing to consider is whether a credit union is involved. It's best to consult privately with a... Read more »

1 Answer | Asked in Contracts and Education Law for Texas on
Q: Do electronic applications/contracts require an electronic signature by the applicant or will a checkbox do?
Tim Akpinar
Tim Akpinar answered on Nov 18, 2019

As a general matter, without regard to any state-specific laws, either would serve as an acceptance or agreement. A signature is stronger. Good luck

Tim Akpinar

1 Answer | Asked in Contracts and Internet Law for Texas on
Q: Is there a grace period during which you can cancel an online "membership" (Six Flaggs)? I purchased without understand

I bought multiple duplicate memberships for which they charged my card 200 dollars. They also want to keep chARGING me for 12 months. I realized the mistake within 24hrs and contacted them in person and online to try and straighten it out. But they insist I owe them 1800.00 to cancel, even... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 12, 2019

Contract grace periods are governed by regional conditions, so a Texas attorney can best advise you. But your question remains open for two weeks. Unfortunately, outside of such limited exceptions, the general rule is that a contract becomes enforceable at time of formation. In light of your... Read more »

2 Answers | Asked in Contracts, Civil Rights and Constitutional Law for Texas on
Q: How can online scams decieve you by offering you money to take surveys or participate in playing video games for money.

Just to get you to release your private digital information to sale and make money off of you or cause you to unknowingly forfiet a civil right? Im speaking as a person under the ADA. And am unable to represent myself in these matters.

Gary Kollin
Gary Kollin answered on Oct 28, 2019

They are very convincing and people are very gullible.

Not a legal question

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2 Answers | Asked in Contracts, Criminal Law and Construction Law for Texas on
Q: DID WORK FOR HOMEOWNER AND NOW HE DON\T WANT TO PAY
Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 26, 2019

This is not a matter of criminal law. Talk to an attorney who practices civil law or research filing a small claims lawsuit in the Justice of the Peace court. There are multiple JP courts in most counties so figure out the proper court for the street address of the home where you did the work.

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