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Texas Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law for Texas on
Q: In Texas.no will..1 sibling lived with mother when she passed & he stayed in home.Now the other 2 siblings want the home

He wants to stay in home.What are the outcome if siblings hire lawyers

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 5, 2022

There will probably be either an agreed sale or an action filed for a Partition Sale.

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1 Answer | Asked in Real Estate Law for Texas on
Q: Can we get our escrow money if seller started to negotiate contract after initial closing date?

We got our clear to close on 8/1 which was the last day for our contract. Unfortunately title couldn’t no accommodate us bc of there packed schedule. It was moved to the 8/3. Now the seller is asking for cash money in order for him to go sign at closing. We have signed on our schedule time but if... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Aug 5, 2022

It would be hard to give you a solid answer without having your sales agreement in front of me. Unless the seller agreement states that "time is of the essence" the closing dates are not real deadlines. Also, the Ernest money clause probably has some language in it about what will... Read more »

2 Answers | Asked in Contracts, Estate Planning, Family Law and Real Estate Law for Texas on
Q: If land is owned by multiple people and only one of those people is living, does the living person have 100% ownership

If the deceased people have children, does this entitle the children to part ownership of land, or do the living original owners now have all the remaining ownership? Example: 6 Original Owners, 5 are deceased but have all have children, one original owner is living. Will the 1/6 of ownership be... Read more »

Ross F. Tew
Ross F. Tew
answered on Aug 1, 2022

It depends. Did the six original owners take title as joint tenants with right of survivorship? If so, then the entire property belongs to the survivor. It would be surprising if that were the case, but not unheard of. You need to sit down with an attorney who can examine the title to the... Read more »

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1 Answer | Asked in Real Estate Law for Texas on
Q: Can a dissolved HOA re instate and make the homeowners sign up to their new one? The HOA failed to take over after the

developer terminated it in 2014 and paperwork never file. Plus a committee practicing as an HOA that doesn’t exist. A vote was taken and the majority agreed on re establishing the HOA.,

I have a petition signed by 8 lots that are located outside of the subdivision to de annexation,but I... Read more »

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

Your question requires a bit of work for a complete answer. There are rules and laws that protect you from an unlawful HOA. I would need to see the original paperwork and filing which created the association and the neighborhood subdivision. You may be lucky and the HOA is now null, but there is a... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: How much notice is required for a change of payment method for renters and how must it be communicated?

Flyer laying on ground outside apartment (dated 7/29/22 advising tenants that their rent for 8/1/22, must be paid by: cashiers check, money order or personal check and brought directly to the leasing office. No online payments accepted. Doesn’t this require 30 days written notice? It is a burden... Read more »

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

The good news is that your lease probably has the answers to your question. There is a written notice requirement for any change in a written lease. However, I would need to see your lease to advise you better. I believe you are good for this month, but next month you will probably need to comply... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Basis of lawsuit for misrepresentation and fraud?

Hired our car salesman (also a realtor) to sell our property and our home. Right away we signed what we thought was contract for representation. What we actually signed was a contract for his LLC to purchase. Found out afterward that he had planned a sale, then he sold same day to an investor,... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 26, 2022

A contract to purchase real property is not a conveyance. You hopefully have not signed a Deed yet, so don't. Hire a competent TX attorney first. There should be several causes of actions, and you should not have lost "millions" yet. From your knowledge of what is going on,... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: We have a neighbor that is putting up a fence and the corner of the fence is going to block our drive. This corner was

Established our 30 years ago. Can he legally do this? The lines that he has on ground, my mid size SUV will barely fit thru, so I know a dump truck will not. What can we do?

John Cucci Jr.
John Cucci Jr.
answered on Jul 20, 2022

The best way to handle this issue is to try to talk it out with your neighbor before the fence goes up. It would be great if you had a survey that shows the lines, etc. If that will not help, then you may need to file for an injunction in Court to prevent the fence from going up. I'm not sure... Read more »

1 Answer | Asked in Real Estate Law and Elder Law for Texas on
Q: Is there any recourse for elderly that were coerced into signing over a property deed to an ‘investor’ in order to sell?

The the investor promised cash in two weeks but has not paid any money and is actively listing the property for sale. My father in law needs help.

John Cucci Jr.
John Cucci Jr.
answered on Jul 18, 2022

Sounds like a scam.

I would get to a lawyer immediately to stop the sale and nullify or void the deed. Time is an important factor in these types of matters.

You may need the court to intervene to protect the property.

Good Luck!

1 Answer | Asked in Consumer Law, Real Estate Law, Landlord - Tenant and Small Claims for Texas on
Q: Is there fraud in submitting an Affidavit of Inability to Pay for a company based on the income of a person not in suit?

I live in a complex that is owned by an LLC. The registered agent for the LLC is also the on-site property manager. When filing evictions instead of paying the filing fees she submits an Affidavit of Inability to Pay. She is not included as a plaintiff in the suit. Only the LLC is listed as... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jul 17, 2022

You have raised a serious question. I woould like to see the Affidavit filed requesting a waiver of the filing fee. If the LLC is owned by the person filing for the fee waiver, it might be allowed. But if the LLC is not a little mom & pop business, and they have many units, it might be fraud.... Read more »

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Construction Law for Texas on
Q: What can I do??? Help

We closed on our home in April 2022. Have made two payments already! Still not living in it. Our general contractor hired a sub contractor to do our floor. Has attempted 3 times, left a razor blade in my daughters closet in the epoxy! Now is not answering calls or texts. And our general contractor... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jul 14, 2022

I can answer your question generally. But I would want to see your contract or written agreement to be sure of how to advise you.

I'm assuming that the mortgage you are paying is for a COMPLETED house. Meaning all the construction, including laying the floors, were part of your...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: A man has moved an RV on my property and lives on the property without my permission. How do I get him off my land?

I have the deeds to the land and pay the taxes every year but the individual has claimed that the land belongs to him and he has deeds too.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 12, 2022

You must hire a very competent TX attorney to search both asserted chains of title, then prosecute an Ejectment Action. Hopefully you are not too late. It will be expensive and difficult.

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Texas on
Q: How does owning a home affect renting an apartment?

I’m seeking a separation from my spouse with whom I own a home. Married for almost four years. Seeking advice on steps to take to remove myself from the home.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 4, 2022

Retain a lawyer. You can rent an apartment but the house payment still needs to be paid. If your spouse agrees to pay the house payment you can file agreed temporary orders

1 Answer | Asked in Real Estate Law for Texas on
Q: I need help with a promissory note that used the home I reside in as collateral that is blocking us from a clear title

We signed a contract for deed with my aunt on my residence on Dec 2013 she then conveyed her interest to her ex husband (my uncle) in June 2014 which in return he purchased the home from her with Rocket Mortgage for $55,000. In the same month 6/2014 she had a promissory note of $70,000 stating... Read more »

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

I just saw this question this evening. What a mess!

The good news is that there is a way to achieve your goal. The bad news is you will need to go to at least one court to resolve it. You may have to go to two different courts because it has to deal with an Estate now.

It looks...
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1 Answer | Asked in Real Estate Law for Texas on
Q: My HOA is asking for a special assessment because they list a suit.

My HOA sued some homeowners and settled the suit and the case is sealed and won’t disclose who is being paid. They want a special. Assessment of $1000 from each lot homeowner. Is this legal.

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

As you may know, when you buy into a development with a Home Owner's Association ("HOA"), you move-in agreeing to the terms of the HOA. The terms may change over time. But that is only done by the HOA board or other managing body.

Thus, you are stuck with the HOA rules by...
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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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
Nina Whitehurst
answered on May 29, 2022

Ask your local health department to come out and investigate.

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