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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Land Use & Zoning for Texas on
Q: I own 5 acres of land in Texas, I recently built a home on this land, does my land's Deed serve purpose for title too?
John Cucci Jr.
John Cucci Jr.
answered on Jun 24, 2022

Absolutely! The deed, when filed with the County Clerk, is the first and only proof of your "title" to the land. The whole idea of having Title to land is that Title grants you status. That status gives you all the rights of ownership to the land. Most importantly it gives you the right... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Family Law and Probate for Texas on
Q: Can a Estate be over turned ?

my father just died i had to pay all the funeral but my half sister and her oldest sister were given an estate of my child home my mother gave me after she past 12yr ago and i have the first deed when they purchesed it ,after she past my dad was pretty much homless so i let him stay with me and... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jun 21, 2022

You need to act fast. You should go get a copy of the Estate Paperwork, etc. They may have been required to serve you, and didn't, or created some other legal issue. However, if you do not get it all straight, you may lose anything you should have received. It sounds like you had at least 1/2... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Are verbal real estate contracts binding in Texas? My dad’s name isn’t on the deed of LeaseToOwn that’s being sold.

My dads friend has been letting him live in a lease to own property for last 10 years. They have NO written agreement, only a Verbal agreement. His friend’s ex-wife’s name is on the mortgage and they are selling the property as part of mediation and offering to only give him a FRACTION of... Read more »

Arturo C. Aguilar
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Arturo C. Aguilar PRO label
answered on Jun 18, 2022

The statute of frauds requires that all contracts for the sale of land be reduced to writing. It sounds like your dad would have to file suit to quiet title to the property, and allege an unjust enrichment cause of action, which is probably the only claim in equity he can prove that payments came... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Can I provide cash to neighbors' paid off house then I would go on title as part owner for any future sale ?

He needs $30,000 for various reasons . He bought house 10 yrs ago for $45,000 now its value is about $180k. He doesn't want to sell/refi/Heloc. Can we do this and all share in any sale proceeds?

Anthony M. Avery
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Anthony M. Avery
answered on Jun 1, 2022

Hire a competent TX attorney to draft a Deed from him to you creating a Tenancy In Common, unless he is willing to give you a recorded Mortgage. Do not transfer money without one of the instruments being executed and recorded.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Texas on
Q: My wife has a guardianship over me. I am 72 and had a kidney infection. How do I get rid of guardianship.

I can provide psychological and medical documentation that it is no longer needed. My wife will not comply. Is divorce necessary. Is it the only way. I have a paid for house and some land. She wants it evidently. She has me in a nursing home. I want out of the nursing home and guardianship and... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 31, 2022

Hire a TX attorney to file a Motion to Terminate the Guardianship, with a possibility of an Accounting.

1 Answer | Asked in Estate Planning, Personal Injury, Real Estate Law and Landlord - Tenant for Texas on
Q: What can I do about mold in my apartment if the complex refuses to acknowledge it?

When we first told them we have mold, they said it wasn’t mold but sprayed mold killer. We told them again and they are still saying it’s not mold but my kids have seen multiple doctors who all say that they are being affected by mold. I’ve shown pictures to them and everyone says that it is... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on May 29, 2022

Ask your local health department to come out and investigate.

1 Answer | Asked in Real Estate Law for Texas on
Q: there are multiple tracts of land with Deed restrictions. How would i got about getting my restrictions removed?

There are multiple tracts of land throughout a 30 acre plot that was split up and they all have the same restrictions that run across them.

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

The easiest way to remove the restrictions would be to buy up all of the land. Then you could change the rules.

Otherwise it is a rare event when someone is able to remove themselvs from the obligations in a Deed restriction for a subdivision of real estate.

The courts or the HOA...
Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: My mother wants to renovate her home but another individual is on the title with whom we have no contact/can't locate.

(State of Texas)

Are there any options to remove an individual from the title? We have a signed quit-claim deed from the individual but we are told it doesn't hold any legal merit in TX. Can my mother sell me the home to transfer title status, or perhaps refinance to get a new contract... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Apr 26, 2022

I would need to see the Quit Claim deed to tell you if it has transfrerred an interest in your property. But Quit Claim deeds do have the ability to transfer title. Whoever told you a Quit Claim deed is worthless in TX does NOT know what they are talking about. Obviously, not an attorney. If it was... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Could my son state in his will that I be able to continue living in my home till my death?

My son and his wife want to take ownership of my home. Should anything happen to him, I'd be afraid that I would be forced to move out. Just want to know if there is an option to protect me from that.

Anthony M. Avery
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Anthony M. Avery
answered on Apr 22, 2022

You might want to consider retaining a Life Estate and conveying a vested (or possibly a contingent) Remainder to the Son only.

1 Answer | Asked in Real Estate Law for Texas on
Q: Can I sell my mom's TX rental home having a NV Power of Attorney?

Rental home in San Antonio under mother's name who lives overseas. We are considering selling and I have a General Power of Attorney for her notarized in the state of NV. Can I sell the TX home without her having to come to the states? Can I or should I quit claim it to myself in preparation... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Apr 19, 2022

Your NV POA is good in every state in the US. If you have the time, have your mother sign a POA specific to the property you are trying to sell. Other than that, I don't see the need for a new POA. The real test is whether or not the Title Company is OK with the POA. If it is over a year old... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Where in the TX property code does it show that a mandatory HOA can be formed after purchase?

We have restrictions that say there will be an hoa but the developer failed to form it. He never followed the restrictions he created. Not a single one. At closing there was nothing about an hoa, in fact, we were told, “you do not have an hoa”. Fast forward three years after closing and a... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Apr 15, 2022

The answer to your question is not in the Property code. It lies in the deeds that make up your neighborhood. The best and most powerful way to stop it would be to sue. It would require the argument that the HOA was not formed as required and that anyone attempting to form one is to late under the... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: What compliance/regulations do I need to be aware of when taking investments from potentially non accredited investors?

I have a real estate investment company that focuses primarily on wholesaling. I come across the best off-market deals and want to begin flipping houses using investor money. What compliance/regulations do I need to be aware of when taking investments from potentially non accredited investors for... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Apr 12, 2022

What you are asking is a very complicated question. If you are acting as a fiduciary for investors you will need a license to do so in Texas. The way around that is to have investors become partners with you on a deay by deal basis. You would need to carefully set-up a different company for each... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for Texas on
Q: In Texas, what can I use to amend a complaint to add an additional plaintiff to the lawsuit? And do I add evidence?

Its a trial de neuvo and I want to add a plaintiff to join me not sure if I must write an introduction or state other facts. Or must it be a motion?

John Cucci Jr.
John Cucci Jr.
answered on Apr 11, 2022

TX rule of Civil Procedure 502.7 is the rule to follow to amend your petition. A portion of that Rule is as follows:

a)Amending Pleadings. A party may withdraw something from or add something to a pleading, as long as the amended pleading is filed and served as provided by Rule 501.4 not...
Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: How do I get a lien removed from my property.

I put my property up for my son in laws bond 20 years ago. He went to all his court dates and went to prison. The bonding company is no longer in business but there is still a lien on my property

Anthony M. Avery
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Anthony M. Avery
answered on Apr 8, 2022

You will probably have to hire a TX attorney to file a Quiet Title Action. With Publication Notice it is basically a Declaratory Judgment action that the lien should be released of record.

1 Answer | Asked in Bankruptcy and Real Estate Law for Texas on
Q: What rights do I have in protecting myself from bankruptcy when another has fed for bankruptcy on a joint home loan
Timothy Denison
Timothy Denison
answered on Apr 1, 2022

Buy the house. Sell the house. File bankruptcy and discharge the house debt obligation.

1 Answer | Asked in Divorce and Real Estate Law for Texas on
Q: Does a cash sale of a San Antonio, TX home still have to go through a title co?

I was given $30k in equity in divorce, and ex also owes $15k settlement for property damage. Ex has said he won’t pay it. I was advised to go to the title company with divorce decree. So, I need to know if title company is always required, even for cash buys.

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Mar 26, 2022

If it is a cash buy you don't need a title company but if there are any liens on the property you will be stuck with them if you don't use a title company,

1 Answer | Asked in Divorce and Real Estate Law for Texas on
Q: Ex is sellling home in TX for $90k below value. Divorce decree gives me $30k equity. He says he won’t pay it. Recourse?

The sale is a cash sale of a house in San Antonio, TX. Do cash sales still go through a title company?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 24, 2022

Review your decree. Did your ex have permission to sell the home for a price he choose without you agreeing. If you are suppose to get $30.000.00 take a copy of your divorce decree to the title company handling the closing

1 Answer | Asked in Real Estate Law and Animal / Dog Law for Texas on
Q: a previous property management stated "unauthorized service animal" on a rental history, is this illegal?

My daughter moved and on the rental history from the previous property management they stated 'unauthorized service animal' her dog is a certified Emotional Support Animal.

John Cucci Jr.
John Cucci Jr.
answered on Mar 21, 2022

It is hard to understand what your issue is. If your daughter has moved out, then she no longer has a legal relationship with the landlord. If she was evicted because of false representations by the landlord, that is a different issue.

Yes, it is unlawful to evict, reject, or charge for a...
Read more »

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: Can I get commission if I have a buyer rep agreement but my buyer decided to go directly thru a new build without agent?

My client sent me a text they were going to work directly with new builder and decided not to put me as their agent. I do have a buyer's rep agreement and was wondering if I could still get a commission from the sale. I spoke with sales-rep and they said if buyer did not include me, I would... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Mar 13, 2022

I can tell you that whether or not you can enforce the buyer rep agreement depends on the exact language in the agreement. The fact that the buyers want to change the terms or their obligations, means nothing if they breach the agreement you both signed. Many new builders, insist on a certain... Read more »

1 Answer | Asked in Civil Litigation and Real Estate Law for Texas on
Q: My self and my wife own a property with an in law and now his son is claiming power of attorney with no proof.

We are currently trying to sell the property but we can't get a hold of the in law and his son is the only one who knows where he is none of his family has seen or talked to him in 8 months and now his son claims his father gave him power over his affairs and won't show documents stating... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Mar 8, 2022

You are in a tough position.

I would want to see the deed which gave you and your in-law the property. If the person has Power of attorney they would show it to you. A power of attorney can be rejected by the maker at any time, if that matters here.

While you can sell your interest...
Read more »

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