Generally, parties with capacity are free to contract for whatever they want in the state of Texas, with a few exceptions such as contracts for illegal acts or contracts that are against public policy. However, a contract can sometimes be so one-sided that courts will not enforce it because the contract is deemed unconscionable. It …
Month: December 2022
Fraudulent Inducement Involving Developer Deed Restrictions
In a prior blog post, we discussed the general concept of deed restrictions used by developers to control uses of a property and preserve value. As mentioned there, commercial deed restrictions are very often enforceable and upheld by courts. An example of such a commercial deed restriction would be an exclusive right to sell chicken …
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The Merger Doctrine in Texas
Anyone involved in most typical real estate transactions quickly becomes familiar with the sheer number of documents that have to be reviewed and approved before “closing” or finalizing the transfer of the property. Two of the most important documents are the sales contract (typically an earnest money contract) and the deed to the property. Now, …
What “Having Your Name on the Deed” Really Means in Texas
Effective communication between attorney and client can be made more difficult when the general public’s understanding of a term differs from its legal definition, and “deed” is one of the worst offenders. Movies, television, and other media have created a widely shared misunderstanding of what a deed is, what it does, and what the consequences …
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