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Texas Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law and Small Claims for Texas on
Q: In small claims court can i recover for my time, lets say I fixed a damaged item myself?

Plus, if it never was repaired, am I still entitled to the cost of what it would have cost to repair the damaged item.

John Michael Frick
John Michael Frick
answered on Oct 3, 2022

The law allows you to recover the reasonable "cost of repair" for property negligently or intentionally damaged by another person, regardless of who repairs it and regardless of whether it is repaired.

For example, it is not uncommon in an older automobile that the cost of...
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1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Q: So if I I have the deed of trust for Texas it is probably for more then one house
John Michael Frick
John Michael Frick
answered on Oct 3, 2022

Typically, a deed of trust secures a loan against a single home. In rare situations, it may secure a loan against more than one. The deed of trust itself should contain the legal description of each parcel of real estate. Commonly, if there is more than one, that section of the deed of trust... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Our builder gave us less than a week to notify us of a 24 day delay in closing. Can a builder forever delay a home?

After contracting with Meritage in early March, we have been given 6 closing dates. Delays ranged from 4-45 days with a few months of notice to most recently not even a week's notice for a 24 day delay for our current closing date.

Meritage did not even give us a week to do the... Read more »

John Michael Frick
John Michael Frick
answered on Oct 3, 2022

Building contracts are often subject to delays. Everything from government inspections to the weather can create a delay in even a simple single-family dwelling building contract. Currently, lingering supply chain issues initially caused by the global COVID-19 pandemic are causing delays in many... Read more »

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: My Mother passed away with no Will. She and my Dad were both on the mortgage for their home. My Dad is selling the home.

Realtor said my siblings and I are considered having ownership in the home so all must sign to sell the house. Is this correct? If so, does that mean we also have to pay tax on the sale? We are not receiving the proceeds, only my Dad.

John Michael Frick
John Michael Frick
answered on Sep 26, 2022

When your mom died without a will, part of her estate including the home passed to you and your siblings.

In the current market, you {may} have to pay capital gains tax on your share of a portion of the proceeds. You do not have to pay capital gains tax on the value of the home as of the...
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1 Answer | Asked in Real Estate Law for Texas on
Q: HOA Board president continues to serve on board after he rescinds resignignation “effective immediately”

Can a HOA Board member continue to serve on board after resigning, “effective immediately” then withdrawing 36hrs later? Both were sent via email to board & prop. Mngr, who replied to resignation asking the board how they want to proceed to fill vacancy. No director replied to either... Read more »

John Michael Frick
John Michael Frick
answered on Sep 21, 2022

If he is indeed not a director, his actions likely would not be binding on the HOA unless it subsequently ratifies them. Probably the best course of action at this point would be to hold a directors meeting and have the Board pass a resolution ratifying all of his previous actions.

1 Answer | Asked in Real Estate Law, Probate and Landlord - Tenant for Texas on
Q: what happens when a homestead property owner dies (who is married and lives in the wifes home) has a girlfriend there?

the wife is aware of this girlfriend living at her husbands property. And he moved the girlfriend into the homestead he owned for her to have a place to live she used to live in the same house as the wife and husband but wanted more privacy. He died without a will or anything in place. does the... Read more »

John Michael Frick
John Michael Frick
answered on Sep 16, 2022

No.

First, I note that a married couple can only have one homestead. That homestead could be the separate property of one spouse or the other spouse or it could be community property of both spouses. Except of periods of temporary absence, a homestead must be used by the couple as their...
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1 Answer | Asked in Real Estate Law and Estate Planning for Texas on
Q: Transfer on death deed. How does that work? Is this better than a will? My moms only asset is her house.
John Cucci Jr.
John Cucci Jr.
answered on Sep 16, 2022

What you are referring to is a "Life Estate" deed which can be useful and save money and possibly other debts.

The Life Estate deed is generally used to avoid surrogate or probate court and to avoid the government from attaching the property if your mom has the need for medicaid...
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3 Answers | Asked in Contracts, Real Estate Law, Tax Law and Small Claims for Texas on
Q: What to do if company won't honor warranty?

I purchased a home in 2021 that came with 10 year warranty for the foundation. Recently, interior of home started having foundation issues on one side of the home. Company came out to take a look but refuse to fix the issue because warranty apparently has been voided for two reasons. 1. Warranty... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Sep 10, 2022

This is a classic move by a home builder company. Unfortunately, it is time to sue.

You need to visit with an experienced lawyer who handles real estate contracts and litigation.

Your rights are in the agreement you entered into with the seller and/or builder. The details will...
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1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for Texas on
Q: The reservation is a 1/16 in deed but it’s but the land was under mineral lease when it was sold

The reservation is a 1/16 in deed but it’s because the land was under mineral lease when it was sold lessee held 15/16 interest in minerals. I can prove by one property owned at time and we still own had 1/16 conveyance from estates children to their mother because father died intestate and... Read more »

Aimee Hess
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Aimee Hess
answered on Sep 8, 2022

You can try sending copies of everything you have to the oil company by certified mail with a letter asking them to correct the situation. However, don't be surprised if what you send them is not enough to change their mind.

This is probably not a do-it-yourself project. First, it is...
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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Real Estate Law for Texas on
Q: I have a business. I need to file a TRO, as soon as possible. I need the steps to self-file, possibly ex-parte.
John Michael Frick
John Michael Frick
answered on Sep 7, 2022

It is highly recommended that you not attempt to represent yourself in such a proceeding. Depending on whether your business is a sole proprietorship, limited liability company, or corporation, you may not be able to legally represent your business in a Texas court.

I'm sure you...
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1 Answer | Asked in Civil Litigation, Real Estate Law and Energy, Oil and Gas for Texas on
Q: How hard is it to prove you are the rightful owner of mineral estate when someone else has been receiving lease bonuses

The reservation is a 1/16 in deed but it’s because the land was under mineral lease when it was sold lessee held 15/16 interest in minerals. I can prove by one property owned at time and we still own had 1/16 conveyance from estates children to their mother because father died intestate and... Read more »

Aimee Hess
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Aimee Hess
answered on Sep 7, 2022

Whether the process is simple or more challenging depends on the state of your mineral title. If you have a deed for these minerals it may be a matter of sending a copy of the deed to the oil company with a certified letter and requesting that they correct the error. Keep in mind that the landman... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: cancelling the buying contract to buy a property

Hello, I was in the process of buying a home in Dallas, TX. Currently I am working remotely from New Jersey and got home Mortgage approval on the basis of Remote work. Today I lost my project and came on Bench, It is not sure that my next project will be remote or onsite in New Jersey. I want to... Read more »

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

The "validity" of your reason for cancelling is probably irrelevant. You likely can cancel the contract, but you will forfeit your earnest money. That's literally what earnest money is for.

The Seller will then relist the property or move forward with any back-up contract...
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1 Answer | Asked in Real Estate Law for Texas on
Q: If a property deed has a lien that was not paid 30 years ago can the lien holder still legally repossess the property?

I am interested in purchasing some acreage that the deed shows a 30 year old lien that was not paid off. I was told there is a statue of limitations on this issue.

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

You need more information as to the nature of the lien itself. For example:

The statute of limitations to collect a debt is four years from the date that the debt became due. A typical mortgage loan was once 30 years. A mortgage lien or deed of trust (which is often called a lien) may...
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1 Answer | Asked in Real Estate Law for Texas on
Q: I just purchased a mobile home and moved it onto my mother's 1 acre piece of land that she owns and that is paid off.

We signed an agreement saying that she allowed this to happen. Well we have since been in an argument and now she is threatening me if I don't move it off the property. She is also a cosigner on the loan to my home. What are my rights

John Cucci Jr.
John Cucci Jr.
answered on Aug 29, 2022

Your rights are what is in the agreement your Mom-in-law signed. I would like to see it, but you are in good shape if it has a long time period. If it is silent, she can evict you after 1 year, if it is on rural property.

If you have paid her for an indefinite period of time you are in...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Regarding a voluntary homeowners association in which the Board of Directors are not following the bylaws, is a voluntar

Is a voluntary HOA subject to follow TX Code 209 and/or Open Meetings Law?

John Cucci Jr.
John Cucci Jr.
answered on Aug 29, 2022

This is an unsettled question of law but seems to be that if you do NOT join a voluntary HOA, then you are NOT entitled to open meeting requirements or notices.

I hope this helps.

Good Luck!

1 Answer | Asked in Real Estate Law, Tax Law and Estate Planning for Texas on
Q: Can I file a quit claim deed on my fathers home without harm to his VA mortgage on benefits?
John Cucci Jr.
John Cucci Jr.
answered on Aug 27, 2022

The answer you seek would require me or any other attorney to review all of your dad's estate planning documentys and assets. Plus, the latest deed and lien on the subject property. Why are you giving a deed?

Do you own the property with your dad?

I can guide you, but do not...
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1 Answer | Asked in Divorce, Real Estate Law and Appeals / Appellate Law for Texas on
Q: a divorce and decree order if one spouse was awarded sole property but both spouses are on the ownership can 1 evict

But on the 2 other properties the other spouse was awarded the properties yet one of the 2 properties is still in the other spouse's name And taxes are owed on all 3 properties Also no deed of ownership has been presented from the spouse trying to evict from the 1 property. Also the public... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Aug 25, 2022

This is a thorny question. I would need all documents involved to give you a solid answer.

Get a good appeal attorney.

Good Luck!

1 Answer | Asked in Real Estate Law for Texas on
Q: HOA

I live in an HOA community in Texas. I had a phone argument with the property manager over some issues with the rules and board members not having to follow them. She told the HOA board about it. I overheard a board member telling party guests (many of whom were neighbors) about what happened... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Aug 23, 2022

Sorry to hear your trouble.

Unfortunately, not many relationships or conversations in life are confidential. The conversation between you and the HOA or any of its employees or members is NOT in confidence. For a list of conversations that are protected by law you can look at the Texas laws...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Can you sell a vacant home in need of repair in Texas as-is cash by just signing the deed of trust over and take cash?

As-is sale basically going to be renovated and sold by the buyer( it is not a professional house flipper )

Arturo C. Aguilar
PREMIUM
Arturo C. Aguilar PRO label
answered on Aug 20, 2022

Yes, you can. But you need a good contract indicating that they are buying as is so you do not get sued for fraud and other valid causes of action that can plausibly be alleged against you.

The information contained in this website is provided for informational purposes only, and should...
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2 Answers | Asked in Contracts and Real Estate Law for Texas on
Q: Can you sell a vacant home in need of repair in Texas as-is cash by just signing the deed of trust over and take cash?

As-is sale basically going to be renovated and sold by the buyer( it is not a professional house flipper )

John Michael Frick
John Michael Frick
answered on Aug 29, 2022

A Deed of Trust commemorates a security interest in a piece of real estate, typically a mortgage debt. The holder of the Deed of Trust does not own the home; it only owns a security interest in the home. It is unlikely that you are the party to whom the debt is owed.

You can transfer...
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