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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Landlord - Tenant and Real Estate Law for Texas on
Q: Can someone come back and evict a family member from property that he abandoned prior to his being of age to take posses

My father-in-law will his property to my stepson who in turn ran away from home several months ago now he has returned with a notice to vacate the property claiming his mother and I need to move because he needs the property as far as I know in Texas you have to be 21 to take possession of property... View More

James L. Arrasmith
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answered on Nov 19, 2023

In Texas, the age of majority, when a person is legally considered an adult, is 18 years old. This means that your stepson, if he is over 18, would typically have the legal capacity to take possession of property willed to him. The requirement of being 21 years old to take possession of property is... View More

2 Answers | Asked in Real Estate Law, Landlord - Tenant and Family Law for Texas on
Q: Is it illegal for two brothers to apply for a home living with their sisters kids and to be turned down not a family

They turned down the application because they said they are not a family

T. Augustus Claus
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answered on Nov 14, 2023

Yes, it is illegal for a landlord to deny housing to two brothers who are applying to live with their sisters' children and are turned down because they are not a family. This is because the Fair Housing Act prohibits discrimination against applicants based on their familial status.

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2 Answers | Asked in Real Estate Law, Landlord - Tenant and Family Law for Texas on
Q: Is it illegal for two brothers to apply for a home living with their sisters kids and to be turned down not a family

They turned down the application because they said they are not a family

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

It depends upon the particular facts and circumstances. A key fact is whether the two brothers have legal custody of their sisters kids or have a pending action for custody of those kids. If so, federal housing discrimination laws may protect them from "familial status" discrimination.

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2 Answers | Asked in Contracts, Real Estate Law, Civil Litigation and Construction Law for Texas on
Q: Can I get sued by a home builder for backing out of contract because rates have gone up and my monthly payment is more?

My initial interest rates when got in pre construction contract was at 5.6% and know rates have gone up to 7.5% and our monthly payments have jumped up $300+ from when we gone in to contract. We wrote home builders saying that we may be holding off due to high rates, and wait a year or so. Then... View More

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

The answer to your question depends on what the Third Party Financing Addendum to your earnest money contract says. Whatever financing option you selected usually has a provision that reads "with interest not to exceed ___ % per annum." The Buyer is usually required to apply for a loan... View More

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1 Answer | Asked in Contracts, Real Estate Law and Land Use & Zoning for Texas on
Q: Proposition 1 that just passed in Texas reads like it would override deed restrictions in neighborhood HOA's. True?
John Cucci Jr.
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answered on Nov 9, 2023

Be careful with Prop 1.

It grants a Constitutional right to landowners to conduct farming and similar activities without regulation from local municipalities. This is different from DEED RESTRICTIONS.

If your property is part of a subdivision, which is restricted by a deed that...
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1 Answer | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: Me an wife divorced about 3 years ago she passed away recently,she was awarded house on Decree

Bank says I’m responsible now is the house 100% mine again ? She never legally got it switched into just her name …

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

If the house was awarded to your ex-wife in your divorce decree, the house will only pass to you if she left it to you in a will executed after your divorce case. Otherwise, it will pass through the intestate laws to her children or her siblings, etc.

Your divorce decree should indicate...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Am I responsible for HOA dues that have accrued due to other parties delay in a deed in lieu transaction.
T. Augustus Claus
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answered on Oct 24, 2023

In a deed in lieu of foreclosure, your responsibility for past-due HOA (Homeowners' Association) dues depends on the terms negotiated with the lender and the HOA's regulations. The agreement should specify who pays these dues—either the lender or you. It's vital to review the... View More

1 Answer | Asked in Family Law and Real Estate Law for Texas on
Q: Hello, What legal forms would I use to take my ex wife to court for forging my name onto my property Quitclam

She gave herself my property without me knowing anything about it

James L. Arrasmith
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answered on Oct 22, 2023

I'm sorry to hear about your situation. If you believe your ex-wife fraudulently transferred property by forging your name on a quitclaim deed, you should consider taking legal action. Typically, you'd initiate this by filing a civil lawsuit to set aside or invalidate the fraudulent deed.... View More

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Texas on
Q: I signed a sublease agreement a few weeks ago and I just noticed that they spelled my name wrong. Is it still valid?

I am looking to break my sublease for an office space and I just noticed the name error and want to find out if that makes the sublease invalid or does it even matter because I still signed it.

Johnathan Spencer Young
Johnathan Spencer Young
answered on Oct 20, 2023

To constitute a contract, the minds of the parties must meet with respect to the subject matter of the

agreement, and as to all of its essential terms. If one's name is misspelled on a contract, the contract itself is most likely still valid and enforceable. Such errors are referred to...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: Is the pool equipment behind the fence considered a common area? We have put a lock on the fence now and 1 owner is mad

The pool company we are using will not take ownership of the issues when other owners are going in that secured area and flipping switches, turning on and off pumps… Adding chemicals. We put a lock on it now, and one owner is upset and calling it common area, is this really common area? I’m in... View More

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

A swimming pool in a multi-family complex is typically a common area that is managed and controlled by the property manager/property management company for the complex. A property manager absolutely can place a lock on the area containing the pool equipment to prevent a tenants from damaging the... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Nursing Home Abuse and Real Estate Law for Texas on
Q: A veteran that did three tours in Afghanistan as a marine came home and immediately went to work as an amazing police

Hoa just took this man’s house he’s a single father of two also spent many hours in the hospital with his stick daughter she was in there 6 months but over dirty siding and a tree they set a court date he didn’t even know about now his depression is bad I am his partner and his best friend I... View More

James L. Arrasmith
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answered on Oct 15, 2023

I'm truly sorry to hear about your friend's situation. Homeowners Associations (HOAs) have certain powers under their covenants and bylaws, but they must also follow the law and proper procedures. If your friend was not properly notified of the court date or the allegations against him,... View More

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: Mother in law dies without will my husband also dies before affidavit

I filed affidavit and it has been filed thru deeds office. I have a buyer for the property and the title company wants to give half of sale to his living father. My husband has put property in his will to me, even though it wasn’t in his name.

Isaac Shutt
Isaac Shutt
answered on Oct 12, 2023

Assuming that your husband died after his mother, then you really should probate your husband's will. If you don't, then his heirs under Texas law inherit instead....so it's incredibly important for you to get a probate attorney to probate his will pronto. The process can take a... View More

2 Answers | Asked in Real Estate Law for Texas on
Q: There's a piece of land that is own by 12 or more family members but the town of Needville has leveled back taxes on it.

I would like to buy the land before it goes to auction. Can it be done an if so what do I need to do?

T. Augustus Claus
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answered on Oct 11, 2023

In Texas, if property has delinquent taxes, the local taxing entities can initiate a tax sale. To buy the land before auction, you'd typically need to determine the back taxes owed, negotiate with all the property owners, ensure all legal documentation is in order, and possibly pay off the... View More

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1 Answer | Asked in Estate Planning, Real Estate Law, Civil Litigation and Landlord - Tenant for Texas on
Q: What's the best course of action when the execurtor and applicant is removed from the probate and wit of possession pen

Two cases still are pending,1. Wit of possession and 2 Trespass to try title,the plaintiff presented death certificates to life insurance company then executor and applicant was removed by the courts own motion.C-1-PB-10-001742 and C-1-CV-18-009261,Case summary shows rent ordered and a default... View More

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Sep 25, 2023

The best I can tell is that Plaintiff is either entitled to be named administrator/executor and/or Plaintiff was seeking to remove someone from a home that they were not legally entitled to possess. I'm uncertain if Plaintiff prevailed in Suit to Quiet Title, but since the court issued a Writ... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: My neighbor built a fence on my property. I been there 31 years, him 21. Claim it's his property. What do I do?

I've had a demand sent to him but he has failed to remove the fence. Should I file trespassing against him & file against who he claimed did a survey on property without my permission in my absence from my home. Do I have the right to remove the fence myself? I'm a Senior on a fix... View More

John Cucci Jr.
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answered on Sep 20, 2023

I would like to know how far his fence encroaches on your land.

The best way to deal with your problem is to get a survey and have the surveyor mark the boundary lines, or hire a lawyer to deal with your neighbor. Then, if his fence is on your land, you should send him a certified letter...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Should buyer insist that spouse of seller sign on conveyance of non-homestead property?

Buying non-homestead property being sold by a married man who acquired it recently (during marriage) and I think his spouse should sign to acknowledge the sale of community property even though only his name is on the deed. Title company says husband will sign Homestead Affidavit and wife will not... View More

John Cucci Jr.
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answered on Sep 20, 2023

You are not way off-base. I would require a waiver by the wife, proof of a separate property regime by the spouses, or require that the wife sign the deed. While the Title Company is liable if there is a problem later, I would not want to be making a claim later or needing to deal with a legal... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: Can an HOA management group, when sending violation letters, add an administration fee to the notice letter?

Our HoA Management company is sending out violation notices with administrative fees tied to the letter. There is nothing about admin fees in our CCRs/Bylaws, nor could i find anything in Texas property code. When asked regarding this issue the management group stated " The administration fee... View More

John Cucci Jr.
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answered on Sep 16, 2023

Any inquiry about a HOA and its power and authority starts with looking at the deed that created it. If it is clear that the HOA is not in compliance, then they should not be able to enforce rules that are unlawful or unreasonable.

Notice and an opportunity to be heard are necessary by any...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Texas on
Q: If not expressly stated in HOA bylaws as non permissible, can I legally have a home standby generator installed?

Since my townhouse area has had at least 3 power outages in the past year, one lasting over three days, resulting in my home being untenable, would any HOA objection to the installation of a home standby generator be enforceable?

John Cucci Jr.
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answered on Sep 9, 2023

As long as the installation of the generator does not violate any other rules, you should be OK. I would be concerned with where you place the generator. Most HOAs require you to have any mechanical systems in the back-yard or otherwise placed out of view from the front.

I hope this answers...
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2 Answers | Asked in Real Estate Law and Probate for Texas on
Q: The lot next to my property was bought by a lady back in ninety three, and she passed away and her son and his brother

Don't have any interest in the property and want to gift it to me how do I transfer title without a deed or will

T. Augustus Claus
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answered on Sep 7, 2023

To transfer ownership of the property without a deed or will, you'll typically need to go through a legal process. Since the previous owner passed away, it's essential to follow these steps. First, you may need to initiate probate court proceedings, especially if the previous owner passed... View More

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2 Answers | Asked in Real Estate Law, Tax Law and Land Use & Zoning for Texas on
Q: If you have 15 acres and want to establish a family cemetery, Is the whole property exempt?

We see in Montgomery County, Texas and not in any city limits.

James L. Arrasmith
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answered on Sep 14, 2023

In the United States, laws regarding family cemeteries and property exemptions can vary by state and local jurisdiction. Generally, some states have laws that allow for the establishment of family cemeteries on private property, and these cemeteries may be exempt from certain regulations or taxes.... View More

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