Verbal contracts are often confusing because of a mixture of myth and misunderstanding. In Texas, the answer to whether these agreements are binding isn’t a simple yes or no answer. It’s a nuanced journey through the state’s laws, particularly the Statute of Frauds. At its core, Texas law does recognize verbal contracts as binding, with […]
Author: Philip Silberman
Divorce and Estate Planning in Texas
Divorce is a significant life event that brings about emotional and financial changes, impacting more than just one’s marital status. Among the numerous adjustments, one critical area that often gets overlooked during and after divorce proceedings is estate planning. In Texas, where state laws uniquely influence estate planning and probate processes, understanding how divorce affects […]
The Legality of Recording Conversations in Texas: One-Party Consent Explained
In the heart of Texas, the rules around recording conversations hinge on the principle of one-party consent. This means that as long as one participant in the conversation consents to the recording, it is legally permissible. Embedded within the Texas Penal Code § 16.02, this law offers a clear-cut approach to recording conversations, emphasizing the […]
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 […]
What Happens To Your Home When Your Spouse Dies Without a Will?
When faced with the loss of a spouse, the multitude of ensuing legal questions can be overwhelming, particularly regarding property inheritance. A common scenario involves a widow seeking to transfer the home she shared with her late husband into her name, only to discover the complexities involved when no will exists, and there are children […]
Hand Written (Holographic) Wills in Texas and When They’re Valid
When most people think of wills, they envision formal legal documents, drafted by attorneys, filled with legal jargon, and witnessed by officials. However, in Texas, there’s a unique and less formal option known as a “holographic will.” Contrary to what science fiction might suggest, holographic in this context does not involve 3D images like that […]
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 […]
Signs that Your Attorney May Not Be Providing Quality Representation
In the complex and nuanced world of the law, discerning the quality of service and advocacy provided by your attorney is paramount. Recognizing potential concerns in your legal representation allows for timely interventions that could significantly impact the outcome of your case. In this article, we outline several red flags that might suggest the need […]
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, […]