Texas Recent Legal Answers from Lawyers

In part, this depends on whether the listing agreement is "open" or "exclusive."  In the current real estate market, "open" listing agreements are quite common.  Under such an agreement, the agent/broker only earns a commission if and when they procure a seller.  In the past, "exclusive" listing agreements were more common.  Under such an agreement, the agent/broker earns a commission if a contract to buy the property is signed during the agreed exclusive listing period.Note that a listing agreement must be signed by both parties, not just by the seller.  You might ask whether the broker has signed the listing agreement yet and, if so, will the broker send you a fully signed copy.  Without a listing date and price, I would expect the answer to be "No" because they are waiting on you to provide the listing price.  That would signal that there is no meeting of the minds on a material term of the listing agreement, i.e. price.  This is a reasonable conclusion because the broker might not be willing to pay the MLS fee to list the property if your proposed price is too high.  If it plays out that way, you can most likely rescind your acceptance of the listing agreement you signed, but which has not yet been signed by the broker, and tell him you do not wish to proceed with listing the property at this time.... Read Answer

With respect to the amount of time it has taken, if you and the contractor did in fact actually agree upon a fixed completion date and that date has passed, and the delay in completion of the project is not due to your own actions, you may be entitled to delay damages.  Because delay damages depend upon the specific facts and circumstances of your situation and are sometimes difficult to quantify, many construction contracts specify a set dollar amount per day for delay damages.  When a stated completion date is not firm or material to the parties, a construction contract often includes a "no damages for delay" provision to make it clear that you cannot seek damages for any delay in the completion of the work.  If your contract has neither, you will need to discuss your particular situation in greater detail with an attorney to determine what compensable damages you have sustained as a result of the delay.With respect to below average work, there are two different legal standards involved:1. Work that does not meet the specific requirements of your contract is "non-conforming."  You have the right to reject non-conforming work and to require the contractor to redo it regardless of how skillfully the contractor performed it.  For example, if he was to paint something blue, but instead painted it yellow, you could insist that he redo it whether it was below average or superior in quality.  2. With respect to contractors making improvements or repairs to real property, the law provides an implied warranty of good and workmanlike services.  That means the contractor's work must be done in the same manner as would a generally proficient contractor engaged in similar work under similar circumstances.  "Below average" may or may not meet this standard depending upon how much "below" average the work is compared to what generally proficient contractor would have done.... Read Answer

Generally speaking, unless the parents reached an agreement otherwise, they should abide by the possession schedule set forth in their court order.One parent can't preempt another parent's possession time by scheduling a vacation that conflicts, even if they do so with advance notice.With respect to summer vacations, the standard possession order provides that each party can give written notice in advance of selected periods for the exercise of their respective summer periods of possession which supersede any conflicting weekend periods of possession set forth in the order.  So each parent typically has an opportunity under the standard possession order to plan and take a summer vacation with the child/children.  When a parent wants to take an extended vacation with the child/children outside the parameters of that summer time frame, it is incumbent on the parent to approach and reach an agreement with the other parent.... Read Answer

Your marriage and your loss of your job are both material changes in circumstances which would support a modification of the medical support order, including quite likely a modification to end it altogether.  If both you and your wife agree, it is likely that such a modification can be accomplished by a competent family law attorney quickly and relatively easily.... Read Answer

You can sue the contractor for breach of contract for failing to perform that part of your contract that requires him to deliver to you a copy of the manufacturer's warranty.  You might also consider contacting the manufacturer directly to confirm that what you were told about the warranty by the contractor is accurate.  If not, you might also have a cause of action for fraudulent inducement based on representations from the contractor about the warranty that you relied upon.... Read Answer

Hello Cheryl, If both people on the title were not married, then the motorcycle almost certainly does not go solely to the surviving person. For example, if the girlfirend passed away, her half-ownership of the motorcycle would be inherited by her beneficiaries/heirs. Her beneficiaries/heirs would be determined by whether or not she had a Will. So if the girlfriend passed and her Will says that all of her property goes to her mom, then her mom would now co-own the motorcycle with the boyfriend and the two of them would have to sort out how to handle it. The mom could buy the motorcycle from the boyfriend (half of market value would be a fair place to start) or the boyfriend could buy out the mom. The notable exception is if the title of the motorcycle had a right of survivorship. If the title had right of survivorship, which would be indicated by the words "Survivorship Rights" on the title, then all the boyfriend would have to do is fill out a new Application for Title with the girlfriend's death certificate to get a title solely in his name. More information on a title with rights of survivorship can be found here: https://www.txdmv.gov/sites/default/files/form_files/VTR-122.pdf. Best,James M. Ringel... Read Answer

Whether your judge will lift or change the geographic restriction (GR) swings on convincing the judge that such a change is in the "best interests" of the child.   This is a fact specific test.   That is, the more facts you have that such a change is in your daughter's best interest, the more likely the judge will lift the restriction.   In addition, the purpose of the GR is so the dad can have regular and meaningful contact.   If he is not exercising that right, the purpose behind the GR is no longer valid.... Read Answer

If you marry a US citizen, there is no bar to adjustment of status for overstay. We have successfully adjusted to permanent residence those marrying US citizens who were overstays in the country for years. The main concern is whether the marriage is bona fide. If you are lucky enough to find a position in which you can be sponsored to remain in the US prior to your divorce becoming final, you can apply for a change of status to the eligible category. If you have sufficient means or a financial sponsor, you may decide to attend schooling in the US under a F-1 change of status. You may also check periodically to see whether nationals or residents of your country are eligible for beneficial programs of the US government, such as Temporary Protected Status (TPS) or Deferred Departure. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

You can call the court and see if they will permit you to re-schedule it (unlikely, but you can try). Having work is not an excuse the Judge will usually accept to miss a court appearance. If you have hired an attorney, you can check with your attorney of record to see if your specific court will permit you to waive your appearance. If it is the first appearance since being charged (the arraignment) it cannot typically be waived.... Read Answer

With Gomez v. Braid pending, you are going to have a very difficult time finding an attorney willing to accept such a case.  If the statute of limitations has not expired, I suggest you wait until the opinion of the court of appeals issues.While you have a better shot at establishing standing than the plaintiff did in that case, I strongly suggest you find a pro-life organization well-versed in litigation in the area of abortion rights to pitch your case to.  The standing issue alone is very complicated.  Of course, if you have the financial resources to fund litigation of this nature (which has the real potential to reach the US Supreme Court), you should line up all your trial and appellate lawyers now to insure that the very best arguments in your favor are preserved in the trial court for appellate review. You also have a secondary criminal issue as to whether the sheriff or your girlfriend consented to the conversation you captured on your security camera if you personally were not a participant in that conversation.... Read Answer

Many employers have a "no call, no show" policy.  Such policy typically provides that the employer will fire an employee who does not show up for a scheduled shift and doesn't let someone at the cmopany know they won't be coming to work.When the hospital "gave [you] a few days off," it was incumbent on you to take that medical recommendation to your supervisor or HR department promptly.  The hospital is not allowed to communicate directly with your employer about your health care.  If you gave the medical recommendation to your employer prior to missing any shifts, you may have a claim for wrongful termination in retaliation for making a workers' compensation claim.  Normally, you would be entitled to TIBs (temporary income benefits) if your work-related injury caused you to miss more than seven days of work.  You should contact an attorney who handles both workers' compensation and employment law in or near the county where you live to help you address these issues with Tesla.... Read Answer

In an eviction suit, the issue is usually did the tenant timely pay the rent required to the landlord.  Your request for a continuance should focus on why you need more time to obtain and present evidence that you timely paid the landlord the rent due.  If your particular eviction is based on something other than non-payment of rent, you need to focus on why additional time is needed to obtain and present evidence refuting whatever breach of the lease the landlord is using to evict you.  Note that the trial of an eviction case can only be postponed a maximum of 7 days unless the parties agree.  TRCP 510.7(c).One of the biggest mistakes tenants make in eviction proceedings is reciting excuses for why they couldn't pay their rent on time.  Making such excuses helps to prove the landlord's case that the tenant did not pay rent on time.  If you couldn't--and therefore didn't--pay your rent on time, you should negotiate with your landlord to pay what you owe plus a little extra for the landlord to waive, or forbear on exercising, its right to evict you.  ... Read Answer

You probably do need a post-nuptial agreement under the cicumstances.Because he purchased the home in his sole name before your marriage, it is most likely his separate property.  Since you contributed 50/50 and invested a great deal in improvements, you most likely would like to be compensated for your contribution and investment.  It's unclear whether your contribution and investment was made before or after your marriage.  If the latter, it is unclear whether your contribution and investment was made with community funds or your separate funds.  It is also unclear whether if property is being used as your marital homestead or is rented out.Since you did not address these issues in a premarital agreement, you probably should address them in a post-nuptial agreement.  Since you don't want the house, you should come up with a reasonable amount to compensate you for your contribution and investment, and a reasonable and fair way to insure that you receive such compensation.Similarly, any retirement benefits which accrued as a result of his work before your marriage is his separate property.  If he continued to woek after your marriage, that portion of any retirement would be community property.  Retirement benefits complicate divorces, may require a QUADRO, have tax implications, and usually require an experienced divorce attorney.  If he is relatively young and still working, you should come up with some sort of reasonable compensation for any community interest that may accumulate in his retirement account.  That can reduce the amount you may have to pay if you divorce to an attorney. ... Read Answer

A summons is prepared by the clerk of the federal court where a case is pending.  The litigant then sends the summons and a file-marked copy of the complaint to the person who will be serving the summons on the defendant.  If the defendant is located in Texas, that person will most likely be the constable for the county and precinct where the defendant resides or a private process server.  The litigant cannot serve the summons.When that person successfully serves the defendant, they will send the litigant a Return reflecting when and where the defendant was served.  The litigant then e-files the Return with the court.... Read Answer

A special warranty deed would not remove you from the mortgage.  When you got divorced, your divorce attorney should have had your ex-wife sign a deed of trust to secure assumption.  The deed of trust would allow you to foreclose on the home if and when your ex-wife failed/fails to timely make a mortgage payment.When a divorce decree requires one party to sell or refinance a home within a certain period of time, you can petition to enforce the decree by having the court appoint a receiver to sell the property.  Often, in these situations, the receiver is a real estate agent.  ... Read Answer

If you and the mechanic did not agree upon a specific date for his completion the repairs, he has a "reasonable" period of time to do so.  What constitutes a "reasonable" period of time depends upon the facts and circumstances of your particular situation.  For example, has he had to order parts in order to complete the repair?  Were the parts hard to find?  Are the parts ordered available locally, or must they be shipped from somewhere else?  What is the status of the shipment?  Absent unusual circumstance, if the car is an American-made car that isn't particularly old, it is my opinion that most fact-finders would conclude that three months+ has been a reasonable period of time.If a reasonable period of time has passed, you can terminate your contract with your mechanic for material breach.  You can then take your car to another mechanic.  If you and your current mechanic already agreed upon a price for the repairs and the new mechanic charges more, you can recover the difference in price from your current mechanic.  If you and your current mechanic did not already agree on a price, you can pay him for the work he has already completed and not pay him for any work he has failed to complete.With respect to damages caused by the delay (such as your Uber charges), if the delay is the mechanic's fault and your agreement with him does not expressly preclude such damages, you may also be able to recover such damages.  If the delay is your fault, or if your agreement precludes such damages, you may not recover such damages.  If the delay is neither party's fault, the terms of your agreement with your mechanic may allocate the risk to either you or to the mechanic depending upon what is contained in any written agreement or what was said as part of your agreement.  ... Read Answer

Given the nature of your great granddaughter's injury and the lack of any explanation for it by the parents, it is unlikely that CPS will close its investigation quickly.  A broken arm with no logical explanation of the cause is itself a sign of abuse or neglect.  If the child herself is too young to be able to describe what happened, the child is too young to be left alone without adult supervision.The parents need to retain a family law attorney with experience handling CPS cases in or near the county where the case is pending.... Read Answer

The necessary elements to establish an informal, or common-law, marriage in Texas are:1.  An agreement to be married between the spouses,2.  Living together as spouses after such an agreement, and3.  "Holding out" each other as spouses after such an agreement.The parties may, but are not required to, register their informal marriage with the county clerk.The "agreement" is not required to be written.  It must, however, be "present", i.e. not "we are going to get married" but rather "we are married."... Read Answer

It depends upon the purpose of the translation and to whom it will be presented as to whether you are able to have the Lebanese birth certificate translated into Italian and legalized without going to Lebanon. You would have to check the rules of the party to which you wish to have it presented as to what it will accept. Many translation agencies in the US are able to translate Arabic to Italian and to attest before a notary public that the translation is a true translation. Will the party to which you will present the document accept that, or does it insist that the translation be done by or certified by Lebanese government officials? You may wish to check the rules of the receiving party if you have not already done so. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Hello, Thankfully the process to claim excess funds is fairly simple. All you have to do is prove that you and your sister were the rightful owners or heirs to your father's Estate (which it sounds like you've done since you are Administrators of his Estate), and file a Petition with the Court. The Petition should include the legal description of the property (as much as possible), that you and your sisters were the previous owners/heirs of your father's Estate, that all delinquent taxes, interest, etc. were paid (which they almost certainly were since the it was a county sale for delinquent taxes), and how much each of you should get from the excess funds. You should be able to use the template at the following link as a good base, but obviously you will have to change and/or verify that all of it is accurate: https://co.jefferson.tx.us/dclerk/MOTION_TO_RELEASE_EXCESS_PROCEEDS_FORM.pdf. A lawyer can help you determine if everything is correct if you are uncertain, but in many cases it's a straightforward and simple process to get the excess funds released with a 5-10min hearing. Best,James M. RingelAttorney at Law... Read Answer