Some of our clients find themselves in the unfortunate position of co-owning their home with someone who, due to absence, inability, or both, does not contribute to the upkeep of the home. Perhaps the client’s former spouse failed to comply with a divorce decree and moved out without deeding their half ownership of the marital […]
Author: Philip Silberman
Landlord Liability For Breach of Lease in Texas
If you have a validly signed lease and your landlord breaches that lease, what are your rights and remedies under Texas law? Landlord liability in this situation is governed by statute and further clarified by case law. The Texas Property Code states, “If the landlord of a tenant who is not in default under a […]
Important Texas Probate Terms
At one time or another, most people will have to navigate the intricacies of probating a will. This can be difficult for a variety of reasons both emotional and practical, but having a good grasp of the terminology involved will ease the process. Please see below for definitions of commonly used terms related to probating […]
Proposed Federal Trade Commission Non-Compete Ban
Our firm frequently receives requests from individuals in varied fields to review non-compete agreements their employers have presented them. We have previous blog posts about the enforceability of general non-compete agreements and the specific requirements for physician non-compete agreements. Soon, however, non-competes may become a thing of the past. On January 5 of this year, […]
What is Considered a Valid Property Description in a Texas Deed?
Not all real estate deeds are created equally. Formatting can vary from attorney to attorney, or even from individual to individual if you decide to draft the deed yourself. Generally speaking, a valid Texas deed must include all of the following: the names of the grantor and grantee involved in the transaction, their intent to […]
Disinheriting a Family Member: The One-Dollar Myth
A certain persistent myth claims that a parent can disinherit their child by leaving them a gift of only one dollar in their will. In addition to preempting a claim by the disinherited child that their omission from the will was an oversight or mistake, leaving a wayward child nothing but a dollar might have […]
Proper Procedures for Remote Online Notarizations
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, […]
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, […]