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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: My mother passed away March 2023. She left no will. I’m am her only child, and am listed as owner of her home now.

Question. My mothers close friend wanted to purchase her home and we agreed to price and paying back taxes/ loan. The friend had an investment company help and do all the necessary documentation etc I was given an offer of 130,000 for her home though it appraised at 242,000 we accepted due to... View More

John Cucci Jr.
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answered on Aug 24, 2023

You can definitely BACK OUT.

DO NOT CLOSE and send an email or certified letter to the title company telling them you will not close.

You need to hire an attorney ASAP.

Call me or another real estate attorney here on Justia.

1 Answer | Asked in Real Estate Law for Texas on
Q: Is it legal when an HOA management company sends violation letters and hit the homeowner with an administrative Fee?

EDIT: I have to add this because it seems that they are trying to circumvent the CCRs and bylaws be their response to my email, here is the response: "

Unfortunately, per the contract we hold with the board, there are admin fees assessed to homeowners when sending violation letters.... View More

John Cucci Jr.
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answered on Aug 24, 2023

If the HOA has not complied with the HOA rules and regulations, then they can not enforce any citations, fines or other costs.

I would let the HOA know your position, and send any writings or objections by certified mail to assure proper Notice, etc.

I hope this helps.

2 Answers | Asked in Tax Law and Real Estate Law for Texas on
Q: If u bury cremated remains, do you get exempt fr/ prop tax if you live in the home & could sell later on?

Ask, do you get exempt from HOA regulations as well? Thank you.

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

No. You are only entitled to the exemption if you own and use the property exclusively for the burial of human remains.

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1 Answer | Asked in Real Estate Law for Texas on
Q: If you are gifted land that's not fully paid for can that land be used as collateral/down-payment on a new home?

A close friend of mine wants to gift us 1-2 acres for us to put a house on. He is still paying on the land (30 acres total). First, can the 1-2 acres of land be gifted if he is still paying for it? Second, if so can we use that gifted land as collateral or down-payment on the home we want to put on... View More

Anthony M. Avery
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answered on Aug 18, 2023

A conveyance to you is subject to the secured debt. If a lender is willing to loan money as a second priority mortgagee, there is no law preventing him from doing that. But the transfer may violate the due on sales clause of the security instrument, thus allowing foreclosure. I would not... View More

1 Answer | Asked in Traffic Tickets, Land Use & Zoning and Real Estate Law for Texas on
Q: Driveway parking lot and curbside on our home side, is it illegal? Can HOA even break the law?

I have a total of 5 vehicles. 2 front sides of our home, one on each side of the curb, alternate with the rest of the 3 vehicles to avoid 24-hour stationed public street law. The third vehicle parks inside the square of our driveway, across in front of the other 2 vehicles. Is not blocking the... View More

T. Augustus Claus
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answered on Aug 16, 2023

Parking in your driveway and along the curbside of your home is typically legal, as long as you're not obstructing traffic or violating any local regulations. However, here's where things can get a bit tricky – your friendly neighborhood Homeowners Association (HOA).

HOAs are...
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2 Answers | Asked in Real Estate Law and Probate for Texas on
Q: Someone paid the taxes on my late mother's house and moved in. How do I get them out and reclaim my property

She left a will

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

Probate the will. If you inherited the house under the will, file an eviction proceeding to evict the current occupant when the will is admitted to probate.

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1 Answer | Asked in Real Estate Law for Texas on
Q: What specialty lawyer would I consult to get information on selling inherited land in West Texas to my siblings?

The land was trusted from my deceased mother to her 5 children and my sister and I want to buy out the land from our 3 other siblings.

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

You should contact an attorney who handles real estate transactions in or near the county where the land is located

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: The management of my apartment complex is forcing the tenants to relocate to another of their properties because they're

gutting the complex. If I don't want to live in another one of their apartments and get an apartment on my own somewhere else, do they have to pay out my lease?

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

No but they might have to pay any difference between the rent in a new comparable apartment and the rent required under your lease

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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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Probate for Texas on
Q: I have a question. My mother died and outright owned a 3.15 acre piece of land that had a house on it. She had no will.

Not married. I have three siblings. I was just released from prison after 12 yrs . The last month of my incarceration, my three siblings signed over ownership to my step father who has no legal right whatsoever to the land with a warranty deed. They tell me that they chose a part of the land that... View More

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

It depends. When your mother died, the 3.15 acre parcel passed to you and your siblings as tenants in common. All four of you owned the entire undivided tract. Any tenant in common can petition a court to partition the land either by sale or in kind. You should have received notice of any such... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: My son let his girlfriend move into his house but now wants her to leave What are his/her rights?
Anthony M. Avery
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answered on Aug 7, 2023

Son needs to hire aTX attorney to file suit for possession now. He should not get in a fight or argument until she is out, or she will get leverage.

1 Answer | Asked in Real Estate Law, Civil Litigation, Native American Law and Probate for Texas on
Q: is there a probate lawyer lisenced in texas pro bono

joint owner (seller) me need help from threat of force of sale suit from(other owner) they say or force of me giving up my interest in estate

Tim Akpinar
Tim Akpinar
answered on Aug 6, 2023

A Texas attorney could advise best, but your question remains open for two weeks. Here is a link to a page on this Justia site

Texas Probate Legal Aid & Pro Bono Services

https://www.justia.com/lawyers/probate/texas/legal-aid-and-pro-bono-services

You include Native...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Our house we are selling is set to close in 9 days. Title company called and said there are judgement liens in our hous

Can we back out of the contract to sell it as we had no idea about the judgement liens..?? This is in Texas

Anthony M. Avery
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answered on Aug 2, 2023

If you are not getting certified funds for the full contract price, then do not execute the warranty deed with the encumbrances annotated thereon. Duty to convey merchantable title benefits the buyer not the seller, but you can still demand the contract price for your signature. Then the... View More

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: Grandparents w/6 kids purchased house in 50's, grandparents divorced in 60's. grandmother retained but didnt retitle.

Both names are still on title. Grandfather remarried but my grandmother did not. Will my grandfathers 2nd wife have claim to my grandmothers home? My grandmother died in 1993, grandfather died in 1986 and his 2nd wife died in 1992. My grandmother died Intestate. My grandfather had a will and last... View More

John Cucci Jr.
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answered on Aug 1, 2023

It seems that Grandma #2 did have an interest when she succeeded your grandfather.

You will need a good Affidavit of Heirship to clear this one up.

I hope this helps. You should see an attorney from the Justia website.

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Texas on
Q: My husband left 30+ days ago with no money. i am disabled and cant work. What can I do? he pulled all equity from house

I am disabled, have many health issues covid related(coma 2021) then fell and broke my hip 2022. Have long covid and stay in pain. Need the other hip replaced. My covid got so bad because my husband did not take me to hospital until was almost dead. I did not even know my name and went into a coma... View More

Sharita Blacknall
Sharita Blacknall
answered on Jul 30, 2023

Legal Help: The complexity of your situation warrants the help of a legal professional. I highly recommend you to consult a family law attorney as soon as possible. They can help you navigate through the divorce process, if that's the path you choose to take, and ensure your rights and... View More

1 Answer | Asked in Real Estate Law, Communications Law, Construction Law and Small Claims for Texas on
Q: If I bought a house with foundation issues, but were told those issues were corrected and they weren’t. what can I do

I purchased a house with cash about a year ago. The inspector said on his report that it had pier and beam foundation issues. This was addressed with the owner and he told me that he already had a foundation crew come in and do some work and it has already been fixed it the best they could and new... View More

John Cucci Jr.
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answered on Jul 29, 2023

Your only real move is to sue the seller. This can be successful if you have good paperwork showing that the seller was aware of the problem and then asserted that he fixed the problem. There is more to a lawsuit than that, but that is the bare minimum you will need for proof.

See a good...
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1 Answer | Asked in Real Estate Law for Texas on
Q: My great grandmother passed away 12 years ago and left her property to my grandfather. The title was never transferred.

Can the title of the property remain in my great grandmothers name? Are there legal repercussions for doing so? My mother was the executor for her will.

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

If your mother was appointed as the executor of your grandfather's will, that indicates that there was a probate. So title was transferred through the probate process to his heirs. Perhaps, however, the tax authorities were not notified of the transfer of title.

2 Answers | Asked in Real Estate Law and Contracts for Texas on
Q: How do I fight an affidavit of lien by the AC contractor?

hi I got an AC contractor to replace the compressor of my house AC after it failed. They came and replaced the compressor. But the new compressor they put on failed in 3 days. They sent me a $5240 invoice, which I refused to pay. Now they send an affidavit of Lien on the house. How do I fight it?

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

1. Send a written request for warranty service on the new compressor to both the AC contractor and manufacturer.

2. Give the AC contractor and manufacturer a reasonable time to complete the warranty repairs. If your warrant specifies how long they have to make the repairs, use that...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Can a person take a family cemetery via adverse action, if they have been maintaining (cut grass & picking up trash)?
T. Augustus Claus
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answered on Jul 14, 2023

Adverse possession laws require possession to be continuous, uninterrupted, exclusive, visible, and hostile for a period of 10 years. Additionally, the possession must be done under a claim of right or with the belief that the person possesses the property as their own.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Texas on
Q: Someone else's house in on my property.

I bought a 20 acre land through a tax deed auction in 2014. I recently had it surveyed. According to the survey, there is a house on my property. The house currently has an occupant. The previous owner of the land apparently let someone place their house on the land. According to public records the... View More

Anthony M. Avery
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answered on Jul 7, 2023

Any tax sale of land will involve problems. Here you need a TX attorney to file suit for possession immediately against both the taxpayer and the occupant. Service will be difficult. Hopefully the tax deed has a legal description including the house, as your new survey is not in your deed... View More

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