One of the main concerns for someone buying property is the condition of the property and any relevant information about that property. Seller’s disclosures exist to inform the buyer of issues that have been addressed, such as treatment for termites or previous flooding, and issues that may need to be addressed, such as roof replacement. […]
Author: Philip Silberman
Holding Texas Bureaucrats Accountable for Rigged Bidding
In addition to their other responsibilities, city and county officials are often responsible for overseeing local projects to meet the needs of constituents, such as building roads and public buildings. Texas has in place specific statutes that local officials must follow to encourage competitive pricing and quality work. This competitive bidding process is governed by […]
Consideration For Texas Deeds
Because it identifies in writing the legal and equitable title of real property to its rightful owner, a deed is a critical document for anyone owning property. A Texas deed may come in one of several different forms; it could be a special warranty deed, a general warranty deed, a transfer on death deed, or […]
Gift Deeds in Texas
When a person wants to transfer real property to another person not listed on the original deed, one option in Texas for that type of transaction is a gift deed, which could take the form of either a special warranty deed or a general warranty deed. As its title indicates, the gift deed transfers ownership […]
Probate Venue in Texas
The death of a loved one is not only emotionally challenging but also often creates logistical challenges as well. Ideally, a person has collaborated with an experienced attorney to create a will which distributes assets to the decedent’s beneficiaries in accordance with his or her wishes. If that will exists, the family’s responsibility is often […]
Business Disparagement in Texas
Texas law offers recourse if someone knowingly and falsely spreads information which causes harm. The focus of that false information, however, determines whether the false information is classified as defamation or business disparagement. While each can be damaging to a reputation, business disparagement differs from defamation in a critical way. Defamation occurs if an individual’s […]
Small Estate Affidavits in Texas
Not everyone dies with a large estate requiring a complicated administration. Because a small estate generally has fewer complexities, Texas has created a Small Estate Affidavit, also known as a SEA. Those small estates that qualify are able to settle without the normal probate process. Despite its goal to simplify the transfer of assets, the […]
Negligent Entrustment of a Motor Vehicle in Texas
In most cases, an owner of a vehicle has the right to entrust that vehicle to another person. However, the situation becomes problematic if the owner of the vehicle loans that vehicle to someone who should not be driving. While negligent drivers are usually held accountable for the damage they cause in an accident, when […]
Help! My HOA Says I can’t Airbnb My Property in Texas
Many Texas communities have deed restrictions designed to control situations which might adversely affect the neighborhood. Homeowners’ associations are the organizations that enforce those restrictions. While enforcement has often been a challenge, that challenge is significantly escalated by the fact that deed restrictions do not change with the times.  One of the more significant changes […]
Motions for Substituted Service in Texas
When conflict cannot be resolved, sometimes legal action is the only recourse. Once a client and attorney determine that the client has a viable reason to file a lawsuit, the attorney will draft and file a petition. Because that petition informs the defendant of the claims against him or her as well as the relief […]