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1 Answer | Asked in Real Estate Law for Texas on
Q: We bought our house March 2022. This is second time busted water pipes. The plumber pointed out previously repaired

We are concerned that insurance may drop us if we file again. Are the sellers liable to report this issue?

John Michael Frick
John Michael Frick
answered on Jan 5, 2024

What you must disclose is contained in the mandatory Seller's Disclosure Notice:

chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.trec.texas.gov/sites/default/files/pdf-forms/55-0.pdf

Item 3 requires you to disclose any known defects or malfunctions....
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2 Answers | Asked in Bankruptcy for Texas on
Q: i filed a chapter 7 discharged in Oct of 21 I have an incorporated co i may need to file a chapter 11 or 13 am i eligibe
James L. Arrasmith
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answered on Jan 6, 2024

If you've filed for Chapter 7 bankruptcy as an individual and received a discharge in October 2021, this does not automatically preclude your incorporated company from filing for bankruptcy under either Chapter 11 or 13.

It's important to understand that individual and corporate...
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2 Answers | Asked in Civil Rights and Criminal Law for Texas on
Q: My expungment order was sent to all agencies on November 28th by district Court clerk. How long does it take to clear .
James L. Arrasmith
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answered on Jan 5, 2024

The time it takes for an expungement order to be processed and for your records to be cleared can vary, but it typically takes several weeks to a few months. This timeframe depends on the specific agencies involved and their processing times. Each agency must receive the expungement order and then... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: What motion says the state has 180 days to pick u up from prison for court after 3 bench warrants & still not picked up

My loved one has been in prison 2 years on a drug charge but caught an illegal dumping charge before the drug charge. He has had court every month but they don't pick him up. I went to the court and the Assistant DA told me that his court appointed lawyer could file a motion to get the case... View More

John Cucci Jr.
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answered on Jan 4, 2024

There is a lot going on for your loved one.

It is true that if an arrest has been made, or a charging instrument (not Indictment) on a case, and the DA does not get an indictment within 90 days or the DA fails to produce an accused within 180 days, a Motion can be made to dismiss the...
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1 Answer | Asked in Civil Rights and Landlord - Tenant for Texas on
Q: Fair Housing Act violation?

My daughter and her fiancé applied through a property management company for an apartment. When she called to check on the status, she was told that they did not meet the age restrictions because they have a 3 month old daughter and their application was denied. I called the office to verify, and... View More

James L. Arrasmith
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answered on Jan 4, 2024

Under the Fair Housing Act, it is illegal for housing providers, including property management companies, to discriminate against tenants on the basis of familial status. This includes refusing to rent to families with children under a certain age, unless the property qualifies as housing for older... View More

1 Answer | Asked in Civil Litigation for Texas on
Q: My ex left me an took off out of state how long dose she have to come get her belongings in the state of Texas?

She left in September

T. Augustus Claus
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answered on Jan 4, 2024

In the state of Texas, when someone leaves their belongings behind after a breakup, there isn't a specific time frame outlined in the law for them to retrieve their belongings. However, common practice and courtesy would suggest that they should make reasonable efforts to collect their... View More

1 Answer | Asked in Child Support and Family Law for Texas on
Q: I been divorced for 6 years she has custody of the 2 children we both agreed that if I take a reduced amount of her

Pension the child support would remain at the aggree amount until the kids become 18 now she trying to change the divorce agreement and served me with court papers what my rights the child support office is reviewing my income and taking me to court for increase support

John Michael Frick
John Michael Frick
answered on Jan 4, 2024

Typically, the division of the parties' marital estate is treated as being separate and distinct from the determination of child support. Courts rarely approve an agreement whereby one party receives less marital property in exchange for an agreement to pay less child support.

At...
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1 Answer | Asked in Juvenile Law for Texas on
Q: Can a transgender minor living in Texas receive gender-affirming medications from a state such as Colorado?
John Michael Frick
John Michael Frick
answered on Jan 4, 2024

It is theoretically possible for minors to obtain hormone blockers or hormone replacement therapy "off label" in Colorado for gender-affirming reasons. Colorado has not yet banned such off label use for minors. Because these medications can have long-term adverse effects on patients... View More

2 Answers | Asked in Consumer Law for Texas on
Q: can i sue for overcharging my card

i was buying something online and at checkout it said my total was $6.95 but whenever i put in my card it charged me $67.69 so is there anything i can sue for, like maybe false advertisement or something

James L. Arrasmith
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answered on Jan 4, 2024

If you were overcharged on your card for an online purchase, the first step is to contact the merchant to seek a resolution. Often, such discrepancies are due to technical errors and can be resolved amicably by the merchant issuing a refund for the overcharged amount.

If the merchant is...
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1 Answer | Asked in Criminal Law for Texas on
Q: Can anything be done when a drug court coordinator is bias against an offender to the point of sanctioning for rediculou

The coordinator is part of a team that is supposed to help these offenders get better. Not constantly belittling them to the point of giving up and wanting to go Awol

John Cucci Jr.
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answered on Jan 4, 2024

Unfortunately, some Court Coordinators are not nice people. However, you must keep your cool. Do not let some miserable person drag you into her sad world. Just keep up everything you are required to. Once you have completed your sentence, etc., you should write to the judge and let them know of... View More

2 Answers | Asked in Civil Rights for Texas on
Q: Is it legal for a consenting 18yr old born and adopted in nebraska to have sexual relations with a same age in texas

Both are curently residents in texas

James L. Arrasmith
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answered on Jan 4, 2024

In Texas, the age of consent for sexual activity is 17 years old. Therefore, if both individuals are 18 years old, they are legally considered adults and can consent to sexual relations with each other. This applies regardless of where they were born or adopted.

It's important to note...
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1 Answer | Asked in Criminal Law for Texas on
Q: Is online fantasy ageplay between consenting ADULTS illegal in Texas?

I partake in the BSDSM kink ageplay and DD/LG to cope with trauma from my childhood. I make it clear I am a legal age to my partner before roleplaying a young age. This is fantasy, text only, no pictures are EVER exchanged.

Due to the sexual nature of the private conversation having to do... View More

John Cucci Jr.
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answered on Jan 4, 2024

What you have asked, confined to the exact language you have sent, is NOT illegal. If the conversation and subject matter, stay as such, you are fine to continue. Criminal liability would be implicated if any child, or involvement of children, were involved. Also, be sure the conversations are only... View More

2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Texas on
Q: My estranged brother sent me a text giving me 5 business days to send him a copy of my mother's will in which she has

named me executor and sole beneficiary. I understand I do not have to show him this will until I have been appointed by the court, however, should I respond to his text? Would a response show that I am agreeing to text communication with him?

John Cucci Jr.
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answered on Jan 4, 2024

Your question does not state whether or not, anyone has filed to Probate, your mother's Will.

If he has filed it, you better get busy and submit a filing of your own. You should not wait.

You are correct, if you are named as Executor, you have control. But you must file soon....
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2 Answers | Asked in Bankruptcy for Texas on
Q: I recently filed to reopen my Ch 7 Bankruptcy after I failed to take the 2nd Financial Management Course.

I completed class and my case has been reopened. What is next step? Do I need to file a motion to have case discharged? To my knowledge this is the only reason my case was not discharged.

Also, what is the process for reaffirming exempt debts such as an auto loan? I filed pro se. Thank You.

James L. Arrasmith
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answered on Jan 4, 2024

After completing the second Financial Management Course and reopening your Chapter 7 Bankruptcy case, the next step usually involves notifying the court that you have fulfilled this requirement. This is typically done by filing the certificate of completion for the course with the court.... View More

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1 Answer | Asked in Civil Litigation for Texas on
Q: Moving company delivered home furnishings in damaged condition, far exceeding normal expectations of damage. Can I sue?

Mostly evident of neglect in transit. Original agreement states a maximum of 60 cents a pound maximum claim for damages. Estimated damages could be in excess of $10,000. Can the agreement document be over come?

James L. Arrasmith
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answered on Jan 4, 2024

In cases where your home furnishings are delivered in a damaged condition, understanding your legal options is important. The original agreement you mentioned, capping damage claims at 60 cents per pound, is a common clause in moving company contracts. However, if the damage is significant and... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: How do I get information, copies of permits, etc... that allowed side yard gates to be erected across adjacent property?

We own zero-lot house in subdivision that was built in 1982. How do I get information, copies of permits, etc... that allowed side yard gates to be erected across adjacent property if the survey and the title company do not have that information? The reason I'm requesting this information is... View More

John Michael Frick
John Michael Frick
answered on Jan 3, 2024

First you will need to identify who is likely to have copies of the information you are seeking. I would start with the City in which the subdivision is located. Next would be the owner of the property at the time the side yard gates were erected. Next would be any HOA for that subdivision.... View More

3 Answers | Asked in Bankruptcy, Consumer Law and Real Estate Law for Texas on
Q: New build home being foreclosed on by bank due to builder bankruptcy. What happens to my contract and builder deposit?

I am under contract for a yet to be completed new construction home. The builder went into receivership due to financial problems and it appears the bank will be foreclosing on the property I have been waiting on for almost two years. The builder has a very large builder deposit I provided at... View More

John Michael Frick
John Michael Frick
answered on Jan 3, 2024

I agree with other counsel and will note that Texas has a specific statute--the Texas Construction Trust Fund Act--that requires payments made to a contractor under a construction contract to be held in a separate construction account with a financial institution if the contract is for improvements... View More

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3 Answers | Asked in Bankruptcy, Consumer Law and Real Estate Law for Texas on
Q: New build home being foreclosed on by bank due to builder bankruptcy. What happens to my contract and builder deposit?

I am under contract for a yet to be completed new construction home. The builder went into receivership due to financial problems and it appears the bank will be foreclosing on the property I have been waiting on for almost two years. The builder has a very large builder deposit I provided at... View More

James L. Arrasmith
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answered on Jan 3, 2024

In a situation where your new construction home is facing foreclosure due to the builder's bankruptcy, the fate of your contract and deposit can be complex and uncertain. The contract you have with the builder may be considered an asset of the builder's bankruptcy estate, and its handling... View More

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3 Answers | Asked in Bankruptcy, Consumer Law and Real Estate Law for Texas on
Q: New build home being foreclosed on by bank due to builder bankruptcy. What happens to my contract and builder deposit?

I am under contract for a yet to be completed new construction home. The builder went into receivership due to financial problems and it appears the bank will be foreclosing on the property I have been waiting on for almost two years. The builder has a very large builder deposit I provided at... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 3, 2024

Bankruptcy relief is exclusively a federal right and procedure, with its own courts.

However, most states have a "receivership" insolvency proceeding that is valid (and utilized sometimes in foreclosure proceedings, or regarding insurance companies that are not eligible for...
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2 Answers | Asked in Civil Litigation for Texas on
Q: What kol would I need if I need to contact a ins com about a vehicle that they paid claim and now have a salvage title

Vehicle was found to have salvage title not blue and owned by insurance company not person and person who did it died. I want to legally own vehicle but don't know how to approach insurance company

James L. Arrasmith
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answered on Jan 2, 2024

To legally obtain ownership of a vehicle with a salvage title in Texas, especially one owned by an insurance company, start by contacting the insurance company directly. Explain your interest in purchasing the vehicle and inquire about their process for selling salvage vehicles. Insurance companies... View More

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