In Texas, the process of evicting a tenant can be complex and nuanced. It is governed by statutes and regulations that must be strictly complied with. Landlords and tenants alike must understand their rights and obligations to navigate this process effectively. Notice to Vacate:Â The eviction process typically begins with the landlord providing the tenant […]
Category: Real Estate Law
Florida’s New Anti-Squatter Law and Its Implications
Recently, Florida Governor Ron DeSantis signed a new anti-squatter law, officially known as Bill 621, which has significant implications for property rights and management in the state. This law represents a drastic shift from traditional approaches to squatting, which is legally known as adverse possession. Florida’s Shift: Eliminating Squatter Rights Under the new Florida law, […]
House Bill 14 Springboards New Home Development
Here at the Silberman Law Firm, our attorneys frequently receive calls from potential new clients complaining of and about their new construction (both residential and commercial) taking much longer than they expected to complete. Some of the delay in these new builds can definitely be attributed to lazy developers, but a not-insignificant amount of the […]
Does Mortgage Discharge in Bankruptcy Remove the Underlying Lien?
Filing for bankruptcy significantly affects mortgage obligations, a reality often misunderstood in Texas. The law draws a crucial distinction between discharging debt and removing property liens. This nuance is vital for homeowners considering bankruptcy and its implications on property ownership and sale. Bankruptcy Misconceptions and the Reality of Liens Many believe that bankruptcy frees them […]
The Wholesaling Trap: 5 Red Flags To Look For When Selling a Home in Texas
Receiving a purchase offer after putting a home on the market can be an immense relief for a Texas homeowner, especially if said homeowner is under pressure to sell due to personal circumstances. Unfortunately, as some homeowners learn too late, not all parties who submit purchase offers are genuine buyers.  The practice of real estate […]
The End of an Era: The Shift in Real Estate Agent Commissions in 2024
In a move that has sent ripples across the real estate industry, the once-standard 6% commission rate for real estate agents is undergoing a transformative shift in 2024. This development is not just a minor adjustment but a significant change that reflects evolving market dynamics, technological advancements, and consumer demands for greater flexibility and transparency […]
What is a Notice of Interest in a Real Estate Transaction?
If you have ever been involved in a transaction where a real estate investor sought to purchase your property, then you have likely come across a Notice of Interest document in the process of completing that transaction. A Notice of Interest (NOI) in real estate serves as a declaration of one’s legal interest in a […]
Balancing Equities in Partition Lawsuits
In the realm of property ownership, disputes can arise, especially when co-owners cannot agree on how to manage, divide, or even sell the property. In Texas, one common legal recourse for resolving such disputes is through a partition lawsuit. Once a partition lawsuit is filed, and after the court proportions the shares of the property, […]
Is There a Difference Between a Condo and a Townhome?
From the outside, it is hard to determine the difference between a condominium and a townhome. However, in Texas there are legal protections for condo owners that do not exist for townhome owners. There is also a significant difference in what portions of the property you own. The distinctions should be carefully considered when buying […]
Understanding the Impact of Texas SB 581 on HOA Holiday Decorations
As we all embrace the season of Christmas, homeowners in Texas are keen to display their festive decorations. However, it’s crucial to understand the legal landscape shaped by Texas SB 581, especially concerning HOAs and religious displays. The Rise of Religious Freedom in Texas Homeowners’ Associations The Homeowners Religious Freedom Act, known as SB 581, […]