Lawyers, Answer Questions  & Get Points Log In
Texas Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Texas on
Q: Can I get my escrow check back?

I'm in the process of purchasing a home in Texas. The seller gave us an additional set of disclosures, and then weeks into the process (2 days ago) They gave us another updated set of disclosures with an issue that I am not happy with. I feel like we were being lied to, that they waited until... Read more »

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

Yes

1 Answer | Asked in Real Estate Law and Libel & Slander for Texas on
Q: Can you please inform me (or direct me to appropriate information) on how to remove board members.

I know a petition to remove can be done, but I want to know the exact steps so if the majority of the owners wish to pursue this we don't get ignored for not following one particular procedure correctly. We currently have a rogue board president specifically, and it is unclear if these other... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jan 29, 2023

I will assume you are asking about removing board members for your Home Owner's Association "HOA."

Each HOA has it's own by-laws and rules. This usually includes the rules/process on adding and removing board members. To properly advise anyone, a lawyer would need a copy...
Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: Who enforces property deed restrictions, no HOA, in my subdivision regarding neighbor with hogs. Deed states no hogs

Hogs up against my fence causing ungodly odor, noise, filth conditions. Sheriff's department will not help. Deed restrictions states no hogs at all !!

John Michael Frick
John Michael Frick
answered on Jan 25, 2023

Any homeowner in the subdivision has standing to enforce the deed restrictions.

You can hire an attorney to secure a permanent injunction against your neighbors for violating the restrictive convenants and seeking a money judgment for any damages caused to your property by the hogs....
Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Can a townhome run their drainage into your yard? They changed the natural flow, elevated their side 18”, towards us.

Core of eng htold them they needed to fix drainage, they did not. Nobody folllowed up. Fast forward 20 years erosion has led to severe run off into our yards and floods our streets. They refuse to fix the drainage. They think because we have a utility easement in our back yard, that I do not own... Read more »

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

I think you may have to sue someone, and it’s likely to be a fairly expensive lawsuit.

1 Answer | Asked in Real Estate Law, Traffic Tickets and Gov & Administrative Law for Texas on
Q: Are San Antonio city ordinances, such as parking ordinance, enforceable in the cities Extra Territorial Jurisdictions?
John Cucci Jr.
John Cucci Jr.
answered on Jan 17, 2023

The answer to your question would require a look at the ordinances and the language defining the extra-territorial jurisdictions. Usually, all are enforceable.

1 Answer | Asked in Bankruptcy, Real Estate Law and Business Law for Texas on
Q: A partner stole my corporation The judge gave it back to me. He files bk while it’s mine. I have all the proof

I need a lawyer iif we would of finished the billl of review we would of won ? evidence was presented, and Court found that I was the only owner of my company 4 days later ex partnerfiled filed bankruptcy on behalf of my company just four days after this Court told him that he did not own it. I... Read more »

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

If you still own the business, simply move the Court to dismiss the bankruptcy as unauthorized.

2 Answers | Asked in Bankruptcy, Contracts, Real Estate Law and Civil Litigation for Texas on
Q: What kind of lawyer do I need juan paid double for void judgement and got court findings omitted 05-22-00767-C

S properties had liens section 5.085 of the Property would that help me ge

the highest bidder, which is J. Favela. J. Favela filed bankruptcy on behalf of

Empire Prime Capital Investing, Inc. ("Empire"), just four days after this Honorable Court told

Favela that he... Read more »

John Michael Frick
John Michael Frick
answered on Jan 15, 2023

It sounds like this is a matter that has been litigated and is on appeal. So I would recommend a civil appellate lawyer.

It might help if the appellate lawyer has some experience or general knowledge of bankruptcy law as well.

You should anticipate such a lawyer will charge...
Read more »

View More Answers

1 Answer | Asked in Real Estate Law for Texas on
Q: I bought land in Belton, given a warranty deed claiming 100% ownership. Later I an adopted sister was on the tax rolls

The property sits on East Central and the absent half sister has contributed nothing for taxes, maintenance or management and she is a ward of the state. The first 90 days I owned it I was contacted by the city of Belton and informed I had less than 30 to get it cut or they would take action... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jan 14, 2023

You need a lawyer!

Your concerns are technical and deal with Estate laws and property laws and probably local government laws and rules.

A warranty deed is enforceable in court. But there are time limits on bringing a lawsuit. Your case seems complicated and would require a review...
Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: What exactly is a Non-Commencement affidavit on a Real Estate transaction registered with the state.

How serious is the government about perusing blatant false sworn affidavits that were a key part of cheating me out of rightful wages. After I cleared, staked, paid $15,000 for 58 tandem axel loads of engineered fill, installed erosion protection on one house pad and had my equipment operator... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jan 14, 2023

I want to help you but its hard to understand your questions. I would like to see any contracts that are the basis for the real estate transaction in which you are involved.

The terms of your agreement and TX laws will apply and probably answer your concerns.

Please ask again...
Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Me neighbor was putting up a permanent fence without my knowledge, she does not have a property survey and refuses to ge

What can i do to make sure she's not putting the fence on my side of the property? Thx. I live in st tammany parish, louisiana.

John Michael Frick
John Michael Frick
answered on Jan 14, 2023

Hire a surveyor to insure you it is on the property line.

1 Answer | Asked in Real Estate Law for Texas on
Q: Buyer changed tittle without closing and no agreement to transfer property over tittle company granted him ownership ..

Nothing was signed but a security contract stating it was an advance and rest of agreed amount would be paid at closing still waiting

John Cucci Jr.
John Cucci Jr.
answered on Jan 9, 2023

I was unable to understand what your question was. Please give me more details and tell me what you are concerned with. Basically, tell me what you want.

Good Luck!

2 Answers | Asked in Civil Litigation, Consumer Law and Real Estate Law for Texas on
Q: Need to know what law it falls under to file a suit against a police department a real estate agent and a mobile home

Mover. Please department for a failure to I don't know protect somebody when they tried to file multiple reports of being stalked raped Drugged ect.

Real estate agent for ethics for calling me causing me to be homeless with 2 children. Stealing thousands of dollars worth of merchandise... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jan 9, 2023

You can not sue the Police unless you have established a "special relationship." That has not happened in your matter. Unfortunately, the police have no legal obligation to make a report, investigate, or arrest anyone. Believe it or not, that's the law.

On the Real Estate...
Read more »

View More Answers

1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Q: Adult son lived in home when father passed. All was left to son. He refi'd home, but stepmom of 2 mos refuses to leave

Property is in sons name. She says she doesn't have to move out due to widows rights. How is this fair? He wants to marry and have his own wife move in with him. Son is responsible to pay the mortgage but stepmother gets to live there free? Why is the financial burden on the son? She... Read more »

John Michael Frick
John Michael Frick
answered on Jan 9, 2023

A surviving spouse is entitled to no less than a life estate in any property used as a homestead by the deceased spouse in Texas. She is also entitled to all exempt personal property and to an allowance from the decedent’s estate for one year. This is fair because it provides for the widow to... Read more »

2 Answers | Asked in Foreclosure and Real Estate Law for Texas on
Q: Someone altered a unpaid promisary note and filed a mortgage on my home

What do I need do do to get this unpaid mortgage realeased

John Michael Frick
John Michael Frick
answered on Jan 9, 2023

In Texas, the common practice is to use a deed of trust to secure a mortgage loan. The deed of trust must be sign by the homeowner which, in this case, is you.

If you did not sign the deed of trust and someone forged your signature, you should file a declaratory judgment action asking the...
Read more »

View More Answers

1 Answer | Asked in Family Law and Real Estate Law for Texas on
Q: My father was married to my stepmother for over 40 years. Around 10-15 years ago she purchased a house in her name only

She passed away in November leaving everything to her daughters in a will. Since they were married when the house was purchased, does community property law supersede the will. Isn’t he entitled to at least 50% of the estate?

John Michael Frick
John Michael Frick
answered on Jan 6, 2023

It depends on what money she used to purchase the home. If she used separate property funds or her separate credit to purchase the home, it could be her separate property. On the other hand, if she used community funds and/or community credit to purchase the home, it could be community property.... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: My home inspector missed a fireplace hazard. We moved in, but just learned the fireplace is unsafe. What can we do?

We paid a home inspector to inspect our home in October--everything came back fine, including the remodeled fireplace. So, we closed on the home and moved in on Dec 1. We contacted a fireplace company to outfit the fireplace with gas logs, etc. but they've determined the fireplace is unsafe... Read more »

John Michael Frick
John Michael Frick
answered on Jan 2, 2023

Most home inspection contracts limit the liability of the inspector to the amount of the inspection fee.

I would check to see if the remodeling contractor was required to get, and did get, a city inspector to approve its work.

If it was required, and the contractor didn’t, I would...
Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Texas on
Q: Hello, My question regards sale of land in Texas. I am one of 5 heirs to a very small tract of land.

I verbally agreed to sell my interest but didn't sign a sales contract. The realtor handling the deal had a sales contract that only had one party's name & signature as seller (not my name). The only info I had prior to closing was the sale price, that the proceeds would be split... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Dec 31, 2022

You need an attorney to handle this for you. The good news is that it should be easy to draft an agreement or release for the buyer to get their money back that protects you. However, I would need to see everything you previously signed, and anything presently offered for your signature.... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: In layman’s language what does this mean? Tex Property Code 202.004 (b)

(b) A property owners' association or other representative designated by an owner of real property may initiate, defend, or intervene in litigation or an administrative proceeding affecting the enforcement of a restrictive covenant or the protection, preservation, or operation of the property... Read more »

John Michael Frick
John Michael Frick
answered on Dec 28, 2022

If someone files a lawsuit regarding the enforcement of the deed restrictions affecting a subdivision, the HOA or another representative of any other homeowner in the subdivision can intervene as a party.

1 Answer | Asked in Real Estate Law for Texas on
Q: When a Buyer cannot provide proof of lender's PreApproval letter is the Seller still bound to the contract?

Should the Buyer be allowed to receive all of the Earnest money in such case according to law, seeing they cannot prove they are able to pay for Seller's property as stated in the contract?

John Michael Frick
John Michael Frick
answered on Dec 27, 2022

It depends upon the language of your earnest money contract.

Ordinarily “proof of a pre approval letter” is not required.

But, commonly, earnest money contracts contain a third party financing addendum. This addendum may allow the Buyer to cancel the contract and receive its...
Read more »

2 Answers | Asked in Real Estate Law and Estate Planning for Texas on
Q: Property in dayton texas. Is it required for Executor to do a document adding names to deed with approv of current heirs

Grandfather owner of land,had a WILL naming 6 heirs. My mother past1983 & my Grandfather past 6mo later. The 5 heirs left agreed to add my Mom 4children on as heirs.Probate was done 1984. Fast forward the Executor has past away recently and their are 4 heirs left, 3 sisters & Spouse of... Read more »

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

Yes!

It would have been great and easy if someone would have reduced everyone's intentions to writing.

Since that did not happen, you do need to clear up the Estate and wrap it up also.

The good news is if everyone works together, the solution would be relatively easy....
Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.