The COVID-19 pandemic has certainly changed the world we live in today. For example, there has been an exponential increase in demand for remote closing options in the real estate industry. As a result, remote online notarizations have surged and continue to be in high demand due to their simple and convenient process. With that, […]
Author: Philip Silberman
Unconscionability in Texas Contracts
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 […]
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 […]
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 […]
Do Subsequent Purchasers of a Property Need to Sign a Correction Deed?
The Texas Property Code authorizes the correction of a material error in a recorded original instrument of conveyance—for example, a deed—by agreement. See Tex. Prop. Code § 5.029. To be effective, the instrument correcting the error must be executed by each party to the original instrument “or, if applicable, a party’s heirs, successors, or assigns.” […]
Acquiescence in Boundary Disputes
When involved in a boundary dispute, a landowner needs to know their legal rights and remedies, as well as the rights and remedies available to the party with whom the landowner is having a dispute. Adverse possession is a fairly well-known avenue for obtaining legal right to another’s real property, but a lesser-known method of […]
The Economic Loss Rule
Generally, a breach of contract claim cannot lead to a court awarding any sort of punitive damages (also referred to as exemplary damages). As the name suggests, punitive damages are used by courts to punish offenders beyond what is required to make the injured party whole. As courts are more likely to award punitive damages […]
Partition of Mobile Homes and Other Personal Property in Texas
Partition lawsuits, or lawsuits to divide the ownership of a piece of jointly owned property, occur most frequently in Texas in the context of jointly owned real estate. Section 23.001 of the Texas Property Code gives a co-owner of a home, a plot of land, or other real property the right to petition a court […]
Texas Farm Animals Liability Act
The Texas Farm Animal Liability Act (FALA) began in 1995 as the Texas Equine Act, a narrow statute that protected horse owners from liability for participants’ injuries resulting from the inherent risks of interacting with horses. This statute was expanded in 2011 to cover not only horses, but “farm animals” generally. “Farm animals” are defined […]