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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Texas on
Q: I have a signed real estate contract that states buyer accepts property as is. If ac breaks before closing, do I pay?

A/C was found to be faulty during an inspection. We don’t live in the house and our real estate agent is trying to make us pay for it.

Teri A. Walter
Teri A. Walter answered on Nov 28, 2020

That's an issue of what you want. If the contract provides that you're buying the house "as is" then if you want to change that, you're going to have to negotiate something different with the seller. If you don't reach a new agreement, and you don't close, you'll likely lose your earnest money.

1 Answer | Asked in Real Estate Law for Texas on
Q: Can a lease contain a sublease clause when the landlord never intended to give an option to utilize?

My lease has a clause to sublet or sublease with the landlord's consent. Because of my personal circumstance, I reached out to the property management who represent the landlord. PM has down right refused to ask the landlord or refused give me an option to sublease the property. They say it... Read more »

Teri A. Walter
Teri A. Walter answered on Nov 24, 2020

I suppose it's possible that you could win a suit against the landlord for unreasonably withholding consent to a sublease, IF you had provided a good tenant and they refused to consider it. It's even possible that you could have a Deceptive Trade Practices Act claim for misrepresentation... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Construction Law and Land Use & Zoning for Texas on
Q: As a recent property owner, there's a pipeline easement that was recently purchased by the developer.

They are requesting a "contribution" in a contract agreement to abandon the easement. Do I have to pay any "contribution" requested from the easement holder to abandon the easement? What are my options to terminate the easement that has not been in use for over 40 years and is no longer be needed.

Teri A. Walter
Teri A. Walter answered on Nov 24, 2020

It sounds like the developer is trying to make arrangements for an agreement to abandon the easement. If they're asking for a "contribution" that sounds like a voluntary thing, but it's not clear where the easement runs. If you are one of the property owners across which the... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Tried to purchase property & seller cancel because I would not give copy of my appraisal, let deal expire is this legal?

Appraisal came in low 270 he wanted 285. So we decided on 275 then he wanted the appraisal I would not give him copy and he decided to let the contract expire and pull the deal off the table and now property up for sale again. When I found the property it have fell out of another deal, as they... Read more »

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

Sorry, without looking at the contract, it's hard to tell exactly what happened - whether there was a contract that required the appraisal to be provided, whether the Seller breached by failing to close at the agreed price, or whether there was a breach by you for some reason. Usually, the... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: I’m in Tx. The cash buyer hasn’t deposited earnest money since last 2 wks . Closing is next week What are my options?

This is a for sale of my house. It’s a 1.7mill cash deal. buyer keeps saying he has deposited EM but title says they not received since last 2 weeks . The buyer keeps making excuses

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

Your options are

1) close the sale if the Buyer manages to show up with the money to close the purchase,

2) if the contract has a time limit for depositing the earnest money, you may be able to terminate the contract, (but most do not). There may be other options available...
Read more »

1 Answer | Asked in Construction Law, Environmental and Real Estate Law for Texas on
Q: We need to sue a developer and the county permitting office but cannot afford a lawyer. What can we do?

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Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

It is unlikely that you will be able to sue the county permitting office - there's a principle called "sovereign immunity" that prevents most suits against government agencies or employees.

As to the developer, it's impossible to tell you what needs to be done without...
Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: I own home on 1 3/4 acre lot. Split land to 1 acre lot n built new home on 3/4 acre lot. How do I get deed for new home?
Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

If you already own the whole 1 3/4 acres, you already have a deed that covers your home. I'm not sure exactly how you "split" the land, but a new deed is not required.

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: Texas shared well agreement.

We are financing our home through an estate trust. The deceased previous owner signed a shared well agreement with the previously owned neighbors lot. Under this agreement the neighbors have to pay a monthly fee for water and share in any repair bills for the well. It also says if the neighbors... Read more »

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

Without looking at the agreement, it's hard to tell, but this sounds like an agreement that runs with the land, so you're bound even if you did not sign it. I suggest you start sending your neighbors bills for the water usage, and negotiating an appropriate rate for their usage, rather... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: If I have a contract to buy a house in Texas and the owner dies before deed is prepared by title company, what happens?

Because of COVID 19 it is taking a long time for paperwork to be prepared. My contract is good though end of this month. What happens if he doesn’t sign extension before he dies?

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

If the Seller dies before the extension is signed or the sale closes, then you won't be able to close until someone is appointed by the Probate Court to act for the Seller - either an executor of the will, or administrator of the estate.

If the closing date has already passed, and...
Read more »

1 Answer | Asked in Criminal Law, Real Estate Law and Traffic Tickets for Texas on
Q: I got a letter in the mail for a warrant I never knew about. It was for not fixing something on a house I do not own.

Court says they sent a ticket for not fixing a pipe on a house and I didn't show up. I never got the ticket nor do I own the property and cannot afford an attorney. My question is, don't I have to be physically served or notified? They claim they sent a letter but I never got it.

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 22, 2020

That seems like a frustrating situation. Do you have a specific question about dealing with the warrant?

1 Answer | Asked in Products Liability, Real Estate Law and Landlord - Tenant for Texas on
Q: Is there something to support a request to replace corded blinds with cordless ones. Disabled child. Apt in Texas

My son and I moved into an apartment furnished with mini blinds with cords. I want to request they replace them w/cordless ones. My son is disabled and I’m afraid he’s going to hurt himself. Is there any documentation I can include in the request to help get it approved? We live in Texas

Tim Akpinar
Tim Akpinar answered on Nov 17, 2020

A Texas attorney could advise best, but your post remains open for four weeks. This might involve a narrow field of legal expertise. Maybe an attorney who deals with accommodations made under the Americans with Disabilities Act (and state laws involving disability/housing) might be knowledgeable... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: How to transfer deed after muniment of title order?

We processed our mother's house through a muniment of title pro se and received order in Brazoria County, TX. The will stated that property goes to the living children. However, we would like to transfer ownership to one sibling.

I understand that there isn't an executor named... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Nov 14, 2020

A quit claim deed does not transfer title. It merely records that one person quits a right, such as an easement over a driveway, to use another's land. A deed of gift can be either a General Warranty Deed or, if the previous deed was a Special Warranty Deed or a distribution from an estate,... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: Texas shared well agreement.

We are financing our home through an estate trust. The deceased previous owner signed a shared well agreement with the previously owned neighbors lot. Under this agreement the neighbors have to pay a monthly fee for water and share in any repair bills for the well. It also says if the neighbors... Read more »

Ricardo Guerra
Ricardo Guerra answered on Nov 13, 2020

If a contract pertains to the use of land it is possible that the contract 'runs with the land' and therefore passes on to subsequent owners. However this is not automatic and will depend on the language within the contract and the intent of the original parties. The one thing that can... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law, Civil Rights and Land Use & Zoning for Texas on
Q: Can I walk my dog in a gated community that is at the end of my street if someone gave me the code to get inside?

There is a gated community at the end of my street. One day I went inside as my package was delivered to someone inside the gated community. I found a beautiful trail around lakes with waterfalls, and I began taking my dog in there for walks. I met another dog walker that gave me the code to get... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 5, 2020

That dude sounds like a creep but legally he has a point. Just because a person invites you into their home or onto their property once doesn't mean you forever have a standing invitation to enter whenever you feel the urge.

1 Answer | Asked in Real Estate Law, Civil Rights and Domestic Violence for Texas on
Q: I'm a victim of sexual assault and need my EPO extended for 2 years. Also have property together and need help

We own a house together and he stole my car title that I bought. I've been gas lighted and don't know what to do

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 5, 2020

Consult with a local FAMILY LAW attorney about the possibility of getting a divorce.

1 Answer | Asked in Real Estate Law for Texas on
Q: My widowed mom left her estate to be divided equally amongst her 3 children. A few months before her death, her oldest

son passed away. She was too devastated to think to change the will. Does the children of the deceased son have a legal right to his share of the estate?

Anthony M. Avery
Anthony M. Avery answered on Nov 4, 2020

Normally the issue of the deceased devisee/legatee take by representation. But the Will may have required survivorship or even per capita. If so, the Son took nothing. If the Will was not Probated it has no effect, and the issue take intestate shares. Those children should hire a lawyer to... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: We have a gift deed with a life estate from our father who is now deceased. However, we found out that our stepmom sold

Our stepmother sold the property obviously without our consent and whoever bought it didn't do research to know that the property wasn't hers. What can we do to get our property back.

Anthony M. Avery
Anthony M. Avery answered on Oct 20, 2020

The actual titled owners will probably have to file a Quiet Title and/or Ejectment Action against whoever is making claim or possessing the property. And there are time limitations on asserting title ownership due to adverse possession. Hire a competent attorney after searching the title and... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: I want to sell my half interest in a piece of property. They refuse to buy my part. What to do?

My mother and her brother owned the property. It is my sister and I that now own it with our cousins because our mother and uncle are now deceased. It is only one acre. The tax value is 50,000.00.

Anthony M. Avery
Anthony M. Avery answered on Oct 20, 2020

It appears that you may have to file an Action for a Partition Sale.

1 Answer | Asked in Real Estate Law for Texas on
Q: Real Estate Law Question. We are purchasing a home and in contract, a week before closing the property flooded.

The property had flood insurance so the client went through insurance and was told they would be receiving $35,000. we asked our realtor to tell them we want the $35,000 or we wanted out on the property and we received a verbal yes but then they wanted to now only offer $20,000 instead of the... Read more »

Roy Lee Warren
Roy Lee Warren answered on Oct 20, 2020

Thanks for your question. Make sure you carefully review the contract to determine if there is a "force majeure" clause which means "an act of God" clause which protects you in the event of a catastrophic event. If there is such a clause it is an escape for you if there was... Read more »

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: Can we ourselves write up a document saying we "do not contest" our brother getting our parents home?

Dad recently died, No will, brother helped dad fix up house and put a lot of money into house so we want him to get the house for himself. We don't want any ownership or funds from the house.

Terry Lynn Garrett
Terry Lynn Garrett answered on Oct 16, 2020

The estate must be admitted to probate (proving) by a court. Then you can record a deed gifting your interest to your brother. If you file a disclaimer, your interest will go to your children. "Do not contest" applies to a Will and is a provision in the Will prohibiting contest.

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