Texas property owners who have been hounded by their Homeowners Association or its lawyers for unpaid dues, assessments, and fines may wonder whether any consumer protection laws exist to give them legal relief against abusive or harassing HOA debt collection practices. The answer is “yes,” but not all such laws are created equal. The Texas […]
Author: Philip Silberman
Rights and Duties of Life Tenants in Texas
As has been previously discussed, a person can become a life tenant in many situations, whether it be in the form of homestead rights, through a conveyance document, or through inheritance under a will. However, after someone becomes a life tenant, they owe certain duties and responsibilities to those who will have an interest in […]
Exploring Owner Financing in Texas: A Homebuyer’s Guide
When it comes to buying a home in Texas, traditional financing options like mortgages are common. However, there’s another avenue for purchasing real estate that’s gaining popularity: owner financing. Owner financing, also known as seller financing, offers an alternative route to homeownership that can be particularly attractive to both buyers and sellers. Understanding Owner Financing […]
Judgement Enforcement: The Role of Venditioni Exponas in Texas
While we have previously provided an overview of the judgment collection process in Texas, there exist many procedural technicalities that can trip up even experienced lawyers. One such technicality is the requirement for a “venditioni exponas.” This Latin term is referenced in Rule 647 of the Texas Rules of Civil Procedure, but it is not […]
Understanding the Balance Between Copyright and Fair Use Laws
In today’s digital age, the line between content creation and content sharing has become increasingly blurred. With the ease of access to a vast range of materials online, questions surrounding copyright infringement and the principle of fair use have never been more pertinent. This blog post aims to provide a brief overview of these topics […]
Legislative Update: Recent Changes to the Probate Process in Texas
During its last session, the Texas legislature implemented some much-needed tweaks to the Texas Estates Code aimed at reducing delays, eliminating unnecessary formalities, and addressing persistent logistical problems in the probate process. The following is a selection of the most notable changes made to the Code and a description of their likely effects on the […]
Eviction Appeals and Counterclaims in Texas
According to Texas Property Code Sec. 24.004, the Justice of the Peace courts (commonly referred to as “JP courts” or “Justice Courts) have original jurisdiction to hear cases regarding forcible detainer and forcible entry and detainer suits, more commonly referred to as eviction suits. In the past, we have discussed how jurisdictional issues can appear […]
Texas Creates New Specialized Business Courts
The State of Texas is soon to join more than half of the other American states in establishing a set of civil courts dedicated solely to business litigation. Although Texas is a business-friendly state with low taxation and minimal business entity regulations, it has not historically had a court dedicated exclusively to resolving business disputes. […]
Understanding the Different Standards of Capacity in Texas
There are many times where the capacity of a person comes into question whether it be before or after certain legal documents are signed. Depending on what the legal document or situation is, the standard for determining a party’s capacity could greatly differ. Contractual Capacity To form a binding agreement, a meeting of the minds […]
Anticipatory Breach: Understanding Its Impact on Contracts
Contracts are the backbone of business transactions, providing parties with legally binding agreements that outline their rights and obligations. However, sometimes these agreements don’t go as planned. One of the situations that can disrupt a contract is an anticipatory breach. What is an Anticipatory Breach? An anticipatory breach, also called anticipatory repudiation, occurs when one […]