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Texas Contracts Questions & Answers
3 Answers | Asked in Business Law, Contracts, Bankruptcy and Consumer Law for Texas on
Q: Is the new Scribe Media liable for previous contracts?

Scribe Media LLC just filed for bankruptcy. Their assets were previously sold to a second business named Enduring Ventures, which has since been operating under the Scribe Media name. As a client that has not received services paid for under contract with Scribe Media LLC, is this "new"... View More

James L. Arrasmith
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answered on Nov 5, 2023

The responsibility of the new entity (Enduring Ventures operating as Scribe Media) to honor contracts from Scribe Media LLC depends on the specifics of the bankruptcy case and the asset purchase agreement. If Enduring Ventures purchased the assets of Scribe Media LLC free and clear of its... View More

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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Texas on
Q: I signed a sublease agreement a few weeks ago and I just noticed that they spelled my name wrong. Is it still valid?

I am looking to break my sublease for an office space and I just noticed the name error and want to find out if that makes the sublease invalid or does it even matter because I still signed it.

Johnathan Spencer Young
Johnathan Spencer Young
answered on Oct 20, 2023

To constitute a contract, the minds of the parties must meet with respect to the subject matter of the

agreement, and as to all of its essential terms. If one's name is misspelled on a contract, the contract itself is most likely still valid and enforceable. Such errors are referred to...
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3 Answers | Asked in Contracts, Business Law and Construction Law for Texas on
Q: How do I file a lawsuit against someone who owes me around 30k?

This is for services rendered.

John Michael Frick
John Michael Frick
answered on Sep 29, 2023

Given the small amount involved, you might consider filing in county court at law pro se. Unfortunately, the jurisdictional limits of our JP courts is $20,000.

You might consider hiring an attorney if you are certain the proposed Defendant has more than sufficient non-exempt assets to...
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3 Answers | Asked in Contracts, Business Law and Construction Law for Texas on
Q: How do I file a lawsuit against someone who owes me around 30k?

This is for services rendered.

Tim Akpinar
Tim Akpinar
answered on Oct 15, 2023

Addendum - some court systems (and legal form companies) offer templates for documents, such as summons and complaints, etc. If you do contemplate handling the matter yourself, these can serve as a reference (although actual documents would need to be tailored to the specific action). Good luck

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3 Answers | Asked in Contracts, Business Law and Construction Law for Texas on
Q: How do I file a lawsuit against someone who owes me around 30k?

This is for services rendered.

Tim Akpinar
Tim Akpinar
answered on Oct 15, 2023

Most court systems have do-it-yourself guidance for pro se litigants. If you feel more comfortable having an attorney handle the matter, try to arrange a free initial consult. That might help in your decision-making process. Good luck

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1 Answer | Asked in Contracts for Texas on
Q: If a solar company did not give me a system that I ask for can I get out of contract

As they did not design for overnight power storage.

T. Augustus Claus
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answered on Sep 27, 2023

If the solar company failed to deliver the system you specifically requested, including overnight power storage, you may have grounds to exit the contract based on non-performance or misrepresentation. Review your contract's terms for any clauses related to cancellation

1 Answer | Asked in Contracts, Gov & Administrative Law, Personal Injury and Education Law for Texas on
Q: Field Trip permission slip that includes Indemnity Waiver and Release of liability

I received a field trip permission slip for my child to attend an On-Campus field trip. The school is a public school charter school in Houston, TX. The trip is for Houston Museum of Natural Science Dome to visit the school campus. I was a little taken back when I was asked to sign an Indemnity... View More

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2023

A Texas attorney could advise best, but your question remains open for a week. Unfortunately, such agreements have become more commonplace. They can be binding (I'm not saying yours is or is not) - they usually have to meet certain protocols under state law. These are similar but not identical... View More

2 Answers | Asked in Contracts and Landlord - Tenant for Texas on
Q: A leasing company does not want to return my admin and app fee and security deposit

I have cancelled my leasing application within 48 hours. What can I do?

John Cucci Jr.
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answered on Sep 26, 2023

Your question is if you can get a refund b/c you never moved in and have decided not to take the apartment. I'm just making sure I have the facts correct.

I don't believe you are entitled to your application fee, if they reviewed it or went through it with you.

The Admin...
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2 Answers | Asked in Contracts and Landlord - Tenant for Texas on
Q: A leasing company does not want to return my admin and app fee and security deposit

I have cancelled my leasing application within 48 hours. What can I do?

T. Augustus Claus
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answered on Sep 26, 2023

In Texas, application fees are generally non-refundable. Administrative fees and security deposits, however, are often refundable under specific conditions stated in the lease or rental agreement. If you canceled your application within 48 hours, the terms of the lease or application would... View More

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1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Can I terminate my lease if my A/C is constantly breaking?

My A/C unit goes out once or twice a week leaving us to call maintenance to fix it but they do not get to the issue till the day after leaving us in an 80+ degree apartment. This issue has been going on for the two months we have lived in the apartment, they promised a new A/C unit would be... View More

John Michael Frick
John Michael Frick
answered on Sep 4, 2023

Some cities in Texas have local ordinances which require landlords to keep AC systems in good repair. Most specify that the system must keep the premises 85 degrees Fahrenheit or cooler to comply with the ordinance. You can report the landlord to the city housing authority to enforce the... View More

1 Answer | Asked in Contracts and Construction Law for Texas on
Q: Hello, We have issue with Building Erector that was supposed to finish steel building for us and quit & no communication

We have a issue with our Building Erector that was supposed to finish a steel building for us which will be our home. We hired him back in June. He told us that they could finish it in within two weeks but we knew it would take them about a month because we thought two weeks is pretty fast but one... View More

John Cucci Jr.
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answered on Sep 4, 2023

Sorry to hear your problems.

The lien could only be from a supplier of materials.

If the contractor supplied the materials, you can reject any lien or attempt for the same.

You should get 2 different bids to finish the work.

In each bid u should require a...
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1 Answer | Asked in Small Claims, Employment Law and Contracts for Texas on
Q: Can an employer legally keep product that I paid for?

1099 sales person for Window World. Measured windows incorrectly by accident. The company makes me pay for the windows, they keep the windows, and they give the windows away to Habitat for Humanity for a tax break for themselves. There is not work agreement that explains this. The company claims... View More

John Michael Frick
John Michael Frick
answered on Aug 30, 2023

If you receive a 1099, you are not an employee but an independent contractor. As such, you control the manner, means, methods, and details of your work and set your own policies and procedures. Your relationship with any company that hires you is governed strictly by the terms of your contract... View More

1 Answer | Asked in Contracts and Business Law for Texas on
Q: I'm looking to purchase a gym. However, the owner owns the equipment and buildingnis leased in his name.

His ex-manager has the LLC in his name. Both are in dispute and not talking to each other. One wants to sell the equipment and told me I can start over with a new name. Can he do this?

T. Augustus Claus
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answered on Aug 28, 2023

In the situation you've described, where the gym owner, the ex-manager, and the equipment are all involved, there are several legal and business considerations to take into account.

Firstly, the ownership of the equipment and building should be clarified. If the gym owner owns the...
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1 Answer | Asked in Contracts, Animal / Dog Law and Small Claims for Texas on
Q: Do I have a case in small claims court? Bought a puppy with AKC papers and breeder won't give them and is ignoring me

Breeder has been ignoring me for 8 months because I am asking for my dogs registration paperwork that she said he has. I paid $1500 for him under the assumption he had AKC papers and I have been lied to

John Michael Frick
John Michael Frick
answered on Aug 24, 2023

Yes, you have a valid small claims case. You should ask for either specific performance (i.e. give me the dog's registration papers) or the difference in value between an AKC registered dog (which most likely is the price you paid) and the value of an unregistered dog of the same breed (which... View More

1 Answer | Asked in Contracts for Texas on
Q: want to purchase a vehicle, secured financing w/credit union, $10k down payment * POA but dealership said i cant sign.

My car was totaled out in an accident, I have secured financing from my credit union, have a 10k down payment and a special vehicle power of attorney to sign on behalf of my spouse who is overseas for work, the dealership has refused to allow me to purchase the vehicle stating that it is company... View More

John Michael Frick
John Michael Frick
answered on Aug 18, 2023

There is no legal rule that prohibits the dealership from accepting your SPOA, nor is there any legal rule that requires it to accept your SPOA.

If the dealership doesn't want to sell you that car, get another one that looks just like it from a different dealership for the same...
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1 Answer | Asked in Contracts for Texas on
Q: Can I sue a self-storage facility for negligence over items that were stolen from my storage space in Texas? No Contract

Background I rented a storage unit over the phone and got access to the unit to store items for my new home. I was told that I must provide a copy of my homeowners insurance, or I would automatically be billed for added insurance within a very short time frame. I was also informed that a rental... View More

John Michael Frick
John Michael Frick
answered on Aug 18, 2023

You may or may not be bound by the rental agreement. Your action in placing items inside the unit may indicate acceptance of the contract terms.

Putting that aside, a self-storage facility usually isn’t responsible for theft of items stored in your self-storage unit. That’s what...
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2 Answers | Asked in Contracts and Real Estate Law for Texas on
Q: Selling a real estate LLC. Is seller indemnified personally?

It's a real estate LLC with a portfolio of properties. I am truly unaware of any issues and do not foresee any. It's just my first time selling an LLC.

Daniel Lopez
Daniel Lopez
answered on Aug 11, 2023

If the LLC in its entirety is being sold typically the liabilities are transferred with it. However, in most (99.9%) of purchase agreements there are clauses that make the seller liable for any actions up to the date of closing. This means that if the buyer gets sued for something that happened... View More

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2 Answers | Asked in Contracts and Real Estate Law for Texas on
Q: Selling a real estate LLC. Is seller indemnified personally?

It's a real estate LLC with a portfolio of properties. I am truly unaware of any issues and do not foresee any. It's just my first time selling an LLC.

John Michael Frick
John Michael Frick
answered on Aug 16, 2023

A question that may come up is whether any of the properties owned by the LLC are collateral for any loans. If so, it is important to review the relevant loan documents to ascertain whether you, as the seller, will remain liable on those loans, as well as whether the lender and any guarantors like... View More

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2 Answers | Asked in Contracts for Texas on
Q: The dealership said they accidentally sold the car I bought twice. Someone else had bought it. I have it in my possessio

I bought the vehicle Tuesday. The other guy bought it the previous week or over the weekend. He was supposed to pick it up Monday, but didn’t. Somehow it ended up where I could buy it. So I bought it Tuesday and drove it home. What rights do I have?

John Michael Frick
John Michael Frick
answered on Aug 10, 2023

Incidentally, this gives you some degree of bargaining power with the dealership. If this isn't "the car of your dreams," you might consider asking for a cash allowance on a different car in consideration for returning the car you have so the other guy can pick it up. The sales rep... View More

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1 Answer | Asked in Contracts for Texas on
Q: I bought a diesel pickup unaware that it was 2 wheel drive. No salesman told me it was and it was not wrote on the truck

I am wondering what my options are I live in an area where I absolutely have to have 4 wheel drive. A cell phone holder device was covering the area where the 4x4 knob should have been as well. Again I was not told it was 2 wheel drive when I asked them to tell me about the vehicle they told me... View More

John Michael Frick
John Michael Frick
answered on Aug 10, 2023

If you specifically asked if it was 4WD and they told you it was 4WD, you might have a claim unless you purchased the vehicle used as-is.

But dashed expectations are not generally actionable. If 4WD was a material aspect of the transaction, you should have asked.

My advice is to...
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