While owning a home is a goal for many people, the road from finding a home to actually moving into that home is often not straightforward and simple. Even when the buyer and seller reach an agreement about sales price, contracts may fall through for any number of reasons. One of the reasons that a […]
Author: Philip Silberman
Notice to Tenants About Properties in a Floodplain
Severe flooding in Texas in recent years has increased awareness about the importance of floodplains. Reflecting that concern, the 87th session of the Texas Legislature amended a law, effective January 1, 2022, about how and when residential tenants must receive notification that the rental property is at risk of flooding. Definition of a Flood Risk […]
Topics to Avoid During a Closing Argument in Texas
Closing arguments usually occur after reading the court’s charge to the jury and are often an attorney’s favorite part of the trial. Frequently critical to the trial’s verdict, there are two main purposes of a closing. The first is to remind the jurors of the relevant evidence and facts of the case, thereby providing proof […]
Letters of Credit in Texas
The primary purpose of a letter of credit is to diminish the possibility that a party does not repay a financial obligation. A letter of credit guarantees that a bank or some other financial institution will make an intermediary payment on behalf of the customer. The creditor is paid first, and then the customer repays […]
Separate Property vs. Community Property in Texas
The concept of community property originated with Spanish civil law and came to Texas via Mexico. Today, Texas is one of only nine community property states in the country. The term community property applies to the concept of combining separate assets, typically through marriage. The Texas Constitution and Texas Family Code provide definitions and procedures […]
Converting to a Texas Entity
Texas is a business-friendly state in a variety of ways, drawing businesses nationally and internationally. Whether the business is a corporation, an LLC, or a limited partnership, if that business chooses to become a Texas entity, it must follow certain guidelines and procedures established by the Texas Business Organizations Code (BOC). Filing a Plan of […]
Emergency Guardianship in Texas
Sometimes situations arise in which a person becomes a danger to self or others, and the legal system must intervene. Sudden illness such as a stroke or illness may incapacitate a person. Or perhaps the ability to responsibly care for others or oneself diminishes over time due to dementia, substance abuse, or mental illness. When […]
Texas Nonprofit Corporations
Structurally, a nonprofit corporation resembles other corporations with a board of directors whose members are exempt from personal liability. While a corporation is formed primarily to profit shareholders, a nonprofit corporation is formed to provide a public service. Contrary to widespread belief, a nonprofit organization may in fact earn a profit; however, in a for-profit […]
Registering an Out-of-State Company to Do Business in Texas
Texas has a reputation for being business-friendly and for encouraging businesses from outside of Texas to work here. If a business from another state or country wishes to operate in TX it must first register with the Texas Secretary of State. Steps to Registration The first step of registration is to visit TX SOS. Â Registration […]
Texas Builder Contracts for Residential Construction
A property owner invests large sums of money as well as great faith in a builder who is constructing a custom house. Before the construction begins, owner and contractor should discuss key points, agreeing on such issues as time frame, materials, costs, and contingency plans. A residential construction contract documents those agreements, ensuring that everyone […]