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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Texas on
Q: Can an apartment complex start charging for water usage if not stated on lease?

Im not seeing it anywhere on the lease that i would have to pay water only electricity

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

No. If water was not included in the lease, typically it would be the tenant's responsibility to set up his/her own account with the City or MUD.

1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Identity Theft for Texas on
Q: A court enters the following findings of facts. a visiting judge vacates order but not mention the facts are still valid
John Michael Frick
John Michael Frick
answered on Jan 30, 2024

Findings of fact remain even when an order has been vacated. The findings of fact frame the issues for an appeal of whatever final order is entered by the court. A trial court can amend or make additional findings of fact.

2 Answers | Asked in Real Estate Law for Texas on
Q: Can someone put a piece of property in your name for property taxes? Using a deed without warranty, when they sign over

their part cause a will was filed

Anthony M. Avery
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answered on Jan 29, 2024

Your query makes no sense. Grantors can transfer land so that others pay those county taxes. It could be a quit claim deed, and the title may have been generated by a will devise. Probably need a TX attorney to search the title.

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1 Answer | Asked in Real Estate Law for Texas on
Q: Can city require us to register our 2nd home as a rental property when a family member is living in it?

requiring us to pay money and to submit our home for an inspection.

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

Some city ordinances define any home that is not owner-occupied as a "rental property" even if another family member is living in the home rent-free. It depends on the language of the specific ordinance at issue.

1 Answer | Asked in Real Estate Law for Texas on
Q: How to be legally entitled to 50% of profits on a property my boyfriend owns, but I also pay for the mortgage.

I've lived with my boyfriend for 8 years. We have always paid 50/50 for our living expenses. We have now bought a home, which is solely under his name. We both pay the mortgage. We did this because he has a higher income, and so we could both take advantage of an FHA loan separately. We are... View More

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

You probably should hire a family law attorney to prepare a Cohabitation Agreement for you and your boyfriend to sign.

1 Answer | Asked in Real Estate Law for Texas on
Q: Abstract co didn’t get my signature when I put Farm land into llc name 10 yrs ago. What are my options to new buyers?

New buyers want me to correct the deed and get notarized. Is there any monetary value in providing them this information.

Anthony M. Avery
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answered on Jan 4, 2024

You are not clearly stating what the title problem is, but it appears your llc transfer was faulty which happens alot. To convey out, you must cure the cloud on the title, which apparently only needs a correction deed here. If you do not wish to cure the title defect in order to convey... View More

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: Can HOA use fees to cover cost of their own mistake?

The HOA management team approved a residents shed that did not actually meet the deed restrictions and is now using community fees to cover the cost of removing and building a new shed on person’s property. Is this legal?

John Michael Frick
John Michael Frick
answered on Jan 2, 2024

In most situations, an HOA's only source of revenue is HOA dues. There is usually no other source to pay for such things.

1 Answer | Asked in Real Estate Law for Texas on
Q: Can the holder of the easement on my land grant the easement to another person

In 1970 Property owners A and B granted 15’ easements to each other. property owner A then granted the entire 30’ to property owner C. Was this a legal grant?

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

While the answer to any legal question depends on the particular facts and circumstances, it sounds like this could be a legal grant unless the 1970 grant of an easement from A to B was the grant of an "exclusive" easement. Most easements are non-exclusive.

1 Answer | Asked in Real Estate Law for Texas on
Q: How can I ask the court for a declaration on existing file?

Title company is asking for a judicial declaration because joint party refuses to sign closing papers.

Anthony M. Avery
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answered on Nov 30, 2023

Your case will require the services of a competent TX attorney. You will not be able to force through the transfer without representation.

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: Can an independent executor deed the decedent's mineral interests to an heir or do all heirs need to sign the deed?
John Michael Frick
John Michael Frick
answered on Nov 20, 2023

If the decedent's will left the mineral interests to a particular heir, the executor's deed is what is needed.

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for Texas on
Q: Real Estate transaction buyer wants assurances from seller on mineral conveyance that the seller will consult with buyer

should they lease and then drill on the land he is buying. A simple agreement document will do. Understandably if the buyer is building on the acreage he doesn't want his right to a peaceful lifestyle disturbed nor his investment building a new home.

Aimee Hess
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Aimee Hess
answered on Nov 17, 2023

You will need have an attorney draft a deed that prohibits or limits surface access by the mineral owner. If it's not in the deed from the seller to you it does not count (i.e., a simple side agreement won't work).

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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2 Answers | Asked in Contracts and Real Estate Law for Texas on
Q: I bought a home in 2020. The title company said they would send a copy of the signed paperwork and they never sent it?

It was during the pandemic and so they weren’t printing anything. Anyway I have asked for them been ignored and now they are telling me they may not have everything as they dispose of sensitive information. Before doing that nothing was sent. She told me to go call the loan company and they might... View More

Anthony M. Avery
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answered on Nov 6, 2023

The title company does not represent you and has almost no duty to you. It is not an attorney that you hire.

You probably need to get recorded instruments at the Courthouse. The lender will probably be of no help, but you should ask them.

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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 Land Use & Zoning and Real Estate Law for Texas on
Q: Easement and Manhole not disclosed but paid 16k lot premium

We got a new construction home. The lot plan was not shared during our initial contract signing not there was mention about easements and manhole in yard. Top of it, we paid 16k lot premium. Not happy and feel cheated. Can i take legal action?

John Michael Frick
John Michael Frick
answered on Oct 27, 2023

If the easement is not within the exceptions noted on your title insurance policy, you should file a claim.

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

2 Answers | Asked in Consumer Law, Contracts, Products Liability and Real Estate Law for Texas on
Q: deca zenith

Greetings, I am interested in engaging in a discourse regarding the solar system that has been implemented at my place of residence. I have faced a predicament with the company, as they have made inaccurate assertions pertaining to the financial advantages of the system. Precisely, when entering... View More

John Michael Frick
John Michael Frick
answered on Oct 23, 2023

You may find this pending litigation helpful:

https://dockets.justia.com/docket/florida/flsdce/0:2023cv61463/651578

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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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