Texas Contracts Legal Questions

While I am not familiar with Texas law, and it is possible that it is different, in the jurisdictions in which I practice you can have a valid post-nuptial agreement which would make the house your separate property (it's not a "pre-nup" because you are already married.)  There are a technical requirements for a valid post-nup, so you probably should consult a Texas lawyer rather than try to do it yourself.  Such an agreement would allow you to leave the house to your children even if you die first, as your husband would waive any rights he might otherwise have.... Read More

Although I'm not familiar with the rules of Texas small claims courts, it shouldn't make any difference.  The general rule is that each side pays for its own lawyer, win or lose.  The only exceptions are if you are suing under a statute, or a contract, which allows attorneys' fees to the prevailing party.... Read More

In every confidentiality contract I prepare, the non-disclosure obligation does not apply under various circumstances, including when disclosure is compelled under a valid subpoena.  Even without such a provision, a valid subpoena trumps your contract with your former employer.  Sometimes a confidentiality provision does require the subpoenaed party to notify the other party about the subpoena, so that the party who wants to keep the information confidential can challenge the subpoena in court, but that is the only protection they have.  Even if your confidentiality agreement doesn't have such a provision, you may want to let your ex-employer know about the subpoena beforehand so that it can take whatever action it deems appropriate to fight it, but, unless that subpoena is quashed or the party issuing the subpoena agrees to limit it, you have to testify, regardless of your contract with your ex-employer.  Of course, that doesn't mean that you don't have the right to object if the questions are inappropriate. I don't know if there is a specific Texas statute on point.... Read More

He can go to prison (theoretically) for stealing the stones in the first place, not for breaching the contract to pay damages.  I don't practice criminal law, much less in Texas, but if your son has an otherwise clean record and has been doing his best to repay the victim, I don't think he would go to jail.... Read More

What you are suggesting is quite common.  Many couples sign a prenuptial agreement dealing with these matters, but others do it after marriage.  In many states, however, there are strict formalities which need to be observed to make the agreement binding.  You can probably find a form on a website of a legal forms service (legal zoom, blumberg, etc.), but you may be better off consulting a Texas attorney.... Read More

It appears to me that, since  your suit involves a contract which was to be performed in Minnesota (and also the defendant may have signed and/or negotiated the contract in Minnesota and may have other contacts with Minnesota which are not mentioned in your question), the Minnesota courts would probably have jurisdiction over the defendant.  Sue him in Minnesota.  Your expenses for hiring a lawyer in Texas and traveling to Texas for trial, and possibly for deposition, would almost certainly exceed the amount of your claim.... Read More

 A change in the name of the entity would not affect the validity of the contract except in very rare instances where the name of the contracting party was a material term of the contract - I can't even think of an example off the top of my head.  In fact, unless the contract prohibits assignment, or is of a type which can't be assigned by law (for example, a contract to perform personal services), the contract would remain valid even if, rather than the contracting party changing names, it was assigned to an entirely new company.... Read More

Unless your promissory note provides that you can file a confession of judgment (it may be called something else in Texas) upon default, which is unlikely and might not be enforceable in all states, you can't just file a judgment, you have to sue the debtor and prove your case.  The paperwork for lawsuits varies in each jurisdiction, but the clerk of your local court should be able to help you with what you need to do.... Read More

I don't see anything illegal about any of it.  In an employer/employee situation, there are limits on non-competes that extend after employment, but this is neither an employer/employee situation nor does the restriction continue after your involvement with the business (nor, unless there are facts you haven't disclosed, does California law apply; California has rules in this area which are different from anywhere else in the U.S., and the answer might be different under Cal. law).  It is not uncommon for the principals of a business to mutually agree that they will devote all of their working time and energy to the business, and this is similar.  You're perfectly free not to agree to these restrictions, but if you do agree, I believe they would be enforceable.... Read More

No.  The dealership could be bound if the price were close to what you might expect, even if it was lower than what they really wanted to selll for, but you are not bound by the terms of your offer if is an obvious mistake (or an obvious joke.)  If the newspaper prints a dealership ad offering to sell a new Rolls Royce for $5, it is an obvious mistake and the dealer is not bound by it.  Since you recognize that this offer was for "an obviously incorrect price", the dealer is not bound.... Read More

I am not familiar with Texas law specifically, but I learned in law school that you can use any name you want, without paperwork, as long as you are not using for fraudulent purposes, for example trying to fool creditors.  Of course, some people you deal with will not accept any unofficial name.  For example, if you apply for a passport, you may need proof of your official name.... Read More

I see no reason why the settlement agreement wouldn't be binding.  You don't claim that the company lied to you, or coerced you.  You don't claim that you had suffered an emotional breakdown, or were a minor, or any other reason why you lacked the capacity to contract.  Your only claim is that you made a bad deal because you settled before you knew the full extent of the damages you had suffered.  Unfortunately, that is not a basis to void a contract.... Read More

You have a contract, but the question is what are its terms?  You left a deposit, presumably binding the seller not to sell the dog to someone else for some period of time.  The question is whether the deposit was non-refundable.  Assuming that the seller doesn't testify that he/she told you that the deposit was non-refundable (or is not believed when he/she does so testify), but rather confirms your account that the issue was not discussed, and the Court believes you when you testify that you didn't see the new ad with the non-refundability term until after you'd left the deposit, the Court may decide whether the non-refundable deposit was part of your contract by looking at the terms of any past dealings between you and the seller, or by looking at the standard terms of doing business in the dog breeder industry. Frankly, in a situation like this, in small claims court if the seller is still able to sell the puppy for the same amount and therefore didn't actually lose anything, I would expect the Court to lean in your favor, but there's no guarantee.... Read More

The language in your deed is known as a right to first refusal. This means that you need to first make an offer to the original seller to see if he or she is interested in repurchasing the land. If he or she accepts, then you've found a buyer and you can start negotiating the terms of the sale. If he or she declines, then you are free to put the property on the market. If you don't take this step, however, you may be liable for breach of contract because you've effectively promised to give the original seller an opportunity to repurchase the property from you. ... Read More

It sounds like you need a settlement agreement, which can be a simple contract outlining that to compensate you for the damage done to your car, they will give you $16,500 in exchange for your agreement not to litigate the claim for the loss of your car. You're not going to find a form document that fits this scenario. This calls for a custom agreement with the terms of your arrangement.... Read More

Most commercial leases have an early termination clause that indicates what you would have to pay to break the lease. Because you've given them a written notice that you intend to vavate, you aren't technically breaking the lease even if it automatically renewed. You followed their notice requirement and should be able to leave in 90 days. Reading the fine print in your lease and terms of service is going to be essential to fully understand your rights and obligations.... Read More

Your dad (or the construction business if it is a separate entity, such as a corporation) can sue Sprint BUT I think that if you look at the agreement with Sprint you will find that it contains a clause which limits the damages which you can recover to a minimal amount.  Depending on the circumstances, this clause may not be enforceable (for example, if you can prove that Sprint deliberately gave away the number knowing that it belonged to your father and that he was fully paid), but it presents a major hurdle to any successful law suit.  Also, the main damages you would seek to recover are called consequential damages, that is damages which are not directly attributable to the wrong.  For example, if I fail to pay you $100 due under a contract by which you sold me a bicycle, the $100 you didn't receive is direct damages, and can clearly be recovered.  The rules are more murky with consequential damages, for example if you claim that because I didn't pay you the $100 you were unable to buy some stock you had planned to buy which tripled in value the next day.  You are claiming that because Sprint gave away the phone number, your dad lost business, which is consequential damages.  The general rule is that consequential damages can't be recovered for breach of contract unless the possibility of those damages occurring in the event of a breach was within the contemplation of the parties at the time of contract.  Also, the damages must be proximately caused by the breach and not too remote.  For example, the claim that you would have made a fortune on stock if only I had paid you the $100 I owed you would not stand up, both because losing money on a stock deal would not have been the type of damages which would have been within the contemplation of the parties at the time they contracted, and because the loss is pretty remote from the breach.  A consequential damages claim which might fly would be something like a claim against an alarm company that, because it breached its agreement to monitor your home, the contents of your home were stolen resulting in thousands of dollars of loss.  That is why alarm companies (and I bet Sprint as well) always have clauses in their standard agreements which limit their liability for consequential damages.... Read More