Texas Residential Real Estate Legal Questions

There are several ways to go about it. It really depends on what you are trying to accomplish. Most real estate attorneys would be able to help you. It could be a deed, a deed and a deed of trust with a promissory note, some type of executory contract, which is not generally as recommended.... Read More

Assuming you have not breached the contract, the buyer has breached the contract, and you have sent written notice of your termination of the contract, then you may pursue other buyers. Be careful, though, because the form residential contracts put forth certain obligations on Sellers that are not always met until the closing. It may not hurt to ask an attorney to review the contract.... Read More

You cannot garnish wages in Texas for a judgment for failure to pay rent. You can get a writ of execution if the former tenant has any property that is executable. There are some companies that buy judgments. And, there are also collection companies that take a percentage for collection. One of those may be your best option.... Read More

If you have a buyer, then there really is no reason to hire a broker. You can certainly hire an attorney to draw up the paperwork and assist you in the closing process. Usually, that will save a few thousand dollars to the seller. The attorney will often draw the papers on a flat fee basis so that you know your costs. Good luck! You will want to hire a real estate attorney.... Read More

Whether you can terminate the contract depends on quite a few things. An attorney would need to review the contract to determine your rights and obligations, but here are a few pointers. First, what does the assignment clause state? Second, what does the contract say about the allocation of costs and expenses. Finally, what does the settlement statement (HUD-1) state? You should not receive a 1099 from an unknown third party for a purchase price that is higher than what you are receiving. With that being said, a 1099 being issued to you in this situation is a bit odd.  If you need further assistance, then you should contact a real estate attorney.... Read More

The issue is controlled by your earnest money contract which was filed with the title company by the realtors.  Read it carefully. I doubt it states that the appliances are brand new. It  likely just says they convey with the house.  What you were told usually doesn't count if it is not on the signed writing.  The published listing (think advertisement) for the house is not a for sure thing, as advertisements are given significant leeway!! The home inspection report often says the appliances were not inspected -- or that they work at the time of inspection  but the inspector  extends no committment as to age or ongoing reliability. Small claims court is an option.  Should you win you would have all the options available for a Texas Writ. The realtors may have additional liability - especially yours - if he/she had knowledge regarding the appliances and did not share with you. A  complaint  against the realtor to the Texas Board of Realtors is also an option. ... Read More

One idea if you live in a city:    Most communities have code compliance officers who enforce city regulations.  There will be regulations regarding weeds and required lawn care for  them to enforce. Is the home in a development with a home owners association.  They also enforce a standard of lawn care.  Your lease says the landlord is responsible, so these ideas should help you as the land lord will be contacted regarding  the violations.  ... Read More

you need to review the bylaws of the POA (I assume you are referring to the home owners association), and the minutes from past meetings.  You will  then probably  be able to answer your own question!  You will also discover how to get some  control over the POA.  The deed restrictions probably include a plan for the owners to become controlling when a certain % of the lots have been sold. Even if that mark has not been met and the primary  builder is still in control, he cannot change the restrictions without adhering to the already filed plan.  You and your neighbors may have to retain an attorney if the group of owners can not convince the builders to conform to the recorded documents.... Read More

I am assuming that you  are referring to a window air-conditioner.  All airconditioners have water draining when in use. This is the humidity being removed from the air.  The drain should be directed away from entrance into your unit.  Outside of the actual unit is probably owned by the development, not the unit owner.  Try talking to manager/building owner.  Water that get into your unit is also an issue for them. They will probably help you. Some Texas counties (such as Bexar) have Dispute resolution services that are free or very inexpensive to residents and do a very good job.  ... Read More

The term "actual damages" is often broader than your definition indicates.  Real Property issues are controlled by the actual lease contract the parties signed.  Read it carefully. Often there is no duty to re-lease -- you may be required to pay the rest of the term -- if that is what your contract with the landlord says!! ... Read More

He should contact his divorce attorney to resolve this problem, or if he did not have an attorney, call her attorney.  It is possible that one of the attorneys was to file the Deed and forgot so it may just be in one of the files.  ( I hope it turns out to be that simple!!)  Should this not work he will have to go back to the court to enforce the decree.  Family law courts usually reserve jurisdiction for just this type of problem!... Read More

The taxes attach to the property and have no relationship to the fact you are not using the property.  Most  County Tax assessors will work out a payment plan with you. This protects you from losing the property as long as you make the payment required by the plan you worked out with the County.  ... Read More