Writing a valid will is the very best way to ensure that an estate is distributed exactly as a person wishes, eliminating any doubt about what that family member “would have wanted.” Among its important purposes, it allows the person writing the will, the testator, to identify beneficiaries, distribute assets, and choose a legal guardian […]
Author: Philip Silberman
The Role of Surveys When Selling or Buying Texas Real Estate
A property survey is a drawing accompanied by a written report which indicates boundaries of real property along with the locations of any improvements on that property. Based on the legal description of the property as well as a surveyor’s measurements, it is a critical document because most lenders require a survey for closing. A […]
Negotiating Specific Performance in Texas Real Estate Contracts
Specific performance is a safeguard for buyers and sellers in case one of the parties chooses to back out of a real estate contract. In Texas, specific performance is not a cause of action, but it does provide an equitable remedy when a party breaches a real estate contract. Stafford v. S. Vanity Magazine, Inc., […]
How to Read a Title Commitment in Texas
A title commitment is a document provided to a buyer and a lender before closing on a property. It identifies the terms and conditions for a title company to provide title insurance as well as any issues, exclusions, or exceptions to coverage. Ultimately, the title commitment offers protection to both buyer and lender if a […]
Promissory Estoppel in Texas
Part of contract law, the doctrine of promissory estoppel enables a person or an entity to recover damages which result from relying on a promise that was made and later broken. Promissory estoppel is normally a defensive theory, but its use became a central focus in the case of Frost Crushed Stone Company, Inc., v. […]
Breach of Promissory Notes in Texas
A Promissory Note is a contract between a borrower and a lender. In the note, the borrower promises to repay the loan according to the terms of agreement specified within the note. If the borrower fails to repay the loan according to the agreed terms, the borrower may be liable for breach of note. To […]
Quantum Meruit in Texas
Business contracts exist to protect the rights of the parties involved, especially helpful if a business venture doesn’t go as planned. At times, however, a partnership exists without a formal contract. If all goes well, this informal arrangement creates no issue, but if things go poorly, a party who provides goods or services without a […]
Abstracts of Judgment in Texas
An Abstract of Judgment is a public record, filed after the judgment is made, which details the judgment of a court case. It identifies the losing defendant, also known as the judgment debtor and the winning plaintiff, also known as the judgment creditor. Most importantly, it creates a lien against non-exempt real property and is […]
Texas Writs of Garnishment
Ideally, a debtor will pay what is owed when it is owed, especially when a court order mandates that payment. However, if the person does not repay that debt, the judgment creditor has a right to issue a writ of garnishment. An important means to ensuring that a debtor pays a debt, the writ of […]
Texas Writs of Execution
If a debtor is found by the court to owe money to a creditor, the judgment debtor generally has thirty days to pay the debt. If at that time he or she has not repaid the debt, the judgment creditor has the right to obtain a Writ of Execution. As defined within Tex. R. Civ. […]