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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Tax Law for Texas on
Q: What is the purpose and justification of the Circuit Breaker Cap property valuation reduction adjustment, in Texas?
James L. Arrasmith
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answered on Aug 1, 2024

The Circuit Breaker Cap property valuation reduction adjustment in Texas is designed to provide relief to property owners facing significant increases in their property values. This adjustment limits the amount by which a property's taxable value can increase from year to year, thereby... View More

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law and Civil Rights for Texas on
Q: I'm a handicapped business owner who could not move during natural disasters. Judge did not give me extra time to move .

I tried to e file request but was ignored . Also

Never got a hearing , trial , just a judgment ok n mail. I'm in a wheelchair and was not able to move during floods ! This is not an excuse it's fact

How can I be responsible for acts of god ! And lose everything ! There... View More

James L. Arrasmith
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answered on Jul 27, 2024

It sounds like you've been through a very challenging situation, and it's understandable to feel that the judgment you received was unfair. Generally, laws like the Americans with Disabilities Act (ADA) provide protections for people with disabilities, ensuring that they have equal access... View More

1 Answer | Asked in Family Law, Real Estate Law, Small Claims and Landlord - Tenant for Texas on
Q: Me & my ex partner separated shortly after buying a home together we only lived together in the house for a month.

She refuses to vacate the property, list for sale, and remove herself from the deed. I called the bank to remove my bank information for the monthly payments but they stated it had be authorized by both which she is not cooperating. I had a lawyer I was working with but he has been stating for the... View More

John Michael Frick
John Michael Frick
answered on Jul 16, 2024

When two or more persons own a home together, each owner has the right to occupy the home absent a written agreement to the contrary signed by all of the owners. An owner can only sell that owner's interest and it requires all of the owners cooperating together to sell the entire interest in... View More

3 Answers | Asked in Products Liability and Real Estate Law for Texas on
Q: A friend asked me to come and bid for a half interest on her house andher attorney showed up and outbid me. Feel defraud
John Michael Frick
John Michael Frick
answered on Jul 12, 2024

Seems counterproductive for your friend for her attorney to have to outbid you for her half-interest in her house.

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2 Answers | Asked in Tax Law and Real Estate Law for Texas on
Q: A property is behind 7yrs in taxes can I pay and claim ownership

Abandoned for 7 years

John Michael Frick
John Michael Frick
answered on Jul 8, 2024

If you buy the property in a tax foreclosure sale, yes. But you do not automatically obtain title to a property simply by paying past due taxes.

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2 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Land Use & Zoning for Texas on
Q: I inherited land 80 acres and 20 acres undivided was sold and I just found out there is someone living on it

The taxes is there anyway to have them reduced since I'm not living on land mostly just shrub and trees. I also found out hunting is going on as I seen 6 lookout huts in trees? Also found oil wells on my land

Anthony M. Avery
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answered on Jul 1, 2024

Start out by hiring a TX attorney to search the title.

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2 Answers | Asked in Real Estate Law for Texas on
Q: Inherited my mom’s 50% ownership in her house. He husband retained 50% ownership and Texas life estate who pays taxes?

Property taxes

Anthony M. Avery
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answered on Jun 14, 2024

There is no law about anyone owing the property taxes. But if they are not paid, a tax sale will result. So try to reach an agreement on paying half the taxes, then check with the County before the last due date for payment.

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1 Answer | Asked in Real Estate Law for Texas on
Q: I live in Houston,have a rental property in Montgomery, AL,bought it from an IRA, want to sell house now, no clear title

The house has no mortgage, but need repairs. I will have to pay taxes next year for getting it from IRA and want to sell it this year. How would that work where I can be free of the taxes.

John Cucci Jr.
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answered on May 24, 2024

The IRS has a filing that allows you to sell a house in your IRA, and then re-invest into another house for your IRA, if you do both transactions in one year. If so the asset can be sold tax-free.

2 Answers | Asked in Real Estate Law and Estate Planning for Texas on
Q: My father took over payments on my grandfathers land but died the same month he paid it off what to do?

Grandfather died in 2016 my father passed in 2019

Anthony M. Avery
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answered on May 13, 2024

Hire a TX attorney to file a Declaratory Judgment and Quiet Title Action to have the debt declared satisfied. You will need to put on proof of payment.

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1 Answer | Asked in Real Estate Law for Texas on
Q: If my lease ended in December. Still waiting on a new lease they said would have ready in a few days. Month to month now

After passing inspection and paying any owed. Money. Can they charge late fee without a new lease?

John Michael Frick
John Michael Frick
answered on May 9, 2024

Only if the old lease, which is now month-to-month, provides for late fees. They can't simply add it if it wasn't included in the old lease.

1 Answer | Asked in Consumer Law and Real Estate Law for Texas on
Q: Hi my home is in a lawsuit since a relator bought my home from someone she knew had falsified signatures

When they tried to evict me in jp court the judge ruled in myfavor and stated that i should not be evicted while the case is pending higher court between the person i bought the house from and thecperson mrs leal bought the home from but she still gets another realator to list the home for sale... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

Win the case that is pending in the higher court. You might be able to persuade the judge in that higher court to grant a temporary injunction prohibiting the realtor from listing the home for sale until the lawsuit is resolved.

1 Answer | Asked in Real Estate Law for Texas on
Q: Does an estate administrator have right to have a key if the property was purchased after the marriage?
John Michael Frick
John Michael Frick
answered on Apr 17, 2024

The administrator of the decedent's estate has a right to the key of any property owned by the decedent in whole or in part as separate or community property at the time of the decedent's death.

1 Answer | Asked in Real Estate Law and Arbitration / Mediation Law for Texas on
Q: Do I have a housing discrimination case against a homebuilder in League City, TX. ?

We closed on the house 10-20-23 and we still have many items that were NOT fixed by closing, but we were told we have a 2-year warranty to cover structural and/or incidental items.

However, there are two white women who got their problems resolved before they closed.

John Michael Frick
John Michael Frick
answered on Apr 16, 2024

It depends on whether the reason the builder did not address your issues is because of your race, color, ethnicity, national origin, sex, age, disability, or pregnancy.

1 Answer | Asked in Real Estate Law and Construction Law for Texas on
Q: This is for San Antonio TX. Does a builder have to honor the sales agreement price even if they messed up the numbers.

We entered into a contract for build in November 23. We made structural upgrades to the build. The builder never moved those numbers to the sales agreement. We then made design upgrades. We again amended the sales agreement but it never had structural upgrade costs put on it. The builder, nor us,... View More

John Michael Frick
John Michael Frick
answered on Apr 10, 2024

The answer to your question depends on whether your contract with the builder was a "fixed price" contract (e.g., "I will building you that house for $500,000") or a "cost-plus" contract (e.g., "I will build you that house for whatever it costs me plus 10%").... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: I want an attorney asap to represent me in an eviction appeal from the trial to appellate court in Harris county, Texas.
John Michael Frick
John Michael Frick
answered on Apr 4, 2024

Obviously this is a commercial eviction. I handle commercial eviction cases statewide, including appeals to the courts of appeal.

(If, for some reason, this is a residential eviction, please disregard as the courts of appeal lack jurisdiction to hear such cases).

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: Does relative have legal right to access water well with my land? There is no easement recorded in my deed.
John Cucci Jr.
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answered on Mar 28, 2024

NO!

Any rights to land in TX, and the USA, must be in writing and recorded with the county clerk.

I hope this helps.

1 Answer | Asked in Real Estate Law for Texas on
Q: My husband built our house himself on his deeded property, more than 30 years ago but never got a ‘deed’ to the house.

Does the land deed then become the house deed as proof of ownership for the house and property?

John Michael Frick
John Michael Frick
answered on Mar 26, 2024

Yes. An improvement like a fixed-position home becomes a part of the land. A deed conveying the land also conveys the home. Just like when you buy a vacant parcel of land and build a home on it.

2 Answers | Asked in Land Use & Zoning, Real Estate Law, Contracts and Construction Law for Texas on
Q: What can I file saying that my neighbor agrees to let me put a business sign on their property?

The neighbor is also a business. It's in an unincorporated zone in Llano Tx, so there are no sign permits. The official property lines on the Land Title are like 3-4 ft off so everyone's lot is technically overlapping.

John Michael Frick
John Michael Frick
answered on Mar 15, 2024

Signage easement.

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1 Answer | Asked in Real Estate Law for Texas on
Q: put 24k down on, moved in owner was suppose to transfer into my name, still has lein , didn’t have permission I want out

I want to pay rent on leave owner says I purchased but can’t put in my name cause lein what’s fair

John Michael Frick
John Michael Frick
answered on Feb 21, 2024

Have the owner pay the lien with the $24K you put down or bond around the lien .

1 Answer | Asked in Real Estate Law for Texas on
Q: Can a writ of Possession be requested to enforce Judgment.

Can A WOP be Requested years after Judgment that states shall have writ of possession and restitution and other methods in order to in force this decree. Im wanting to know if the judgment runs with however long the land is owned by the individual or there heirs and could be used to remove subject... View More

John Michael Frick
John Michael Frick
answered on Feb 16, 2024

A writ of possession may not be issued more than 60 days after a judgment for possession is signed, and may not be executed more than 90 days after a judgment for possession is signed. TRCP 510.8(d)

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