When seeking specific performance as a remedy for a breach of a real estate contract in Texas, a buyer must take certain actions to show they were ready to fulfill their part of the agreement. The core requirement is that the non-breaching party must elect the remedy of specific performance over monetary damages. In addition, […]
Author: Philip Silberman
Anticipatory Repudiation in Real Estate Transactions Explained
When a person or company breaches a contract,the other party can seek a legal remedy. In real estate, a common remedy is specific performance, which compels the breaching party to fulfill the terms of the contract. A buyer pursuing specific performance must prove they were “ready, willing, and able” to close the deal. The most […]
How to Protect Your Texas Hunting Property from Liability
Using a Single-Purpose LLC and a Lease Structure to Separate Risk Owning rural land in Texas and leasing it for hunting can be a great income stream — but it also comes with serious risk. Hunting operations combine firearms, vehicles, alcohol, dogs, and unpredictable wildlife. One accident could lead to a lawsuit that puts your […]
The Steps in The Eminent Domain Process in Texas
Initial Offer and Negotiation The eminent domain process begins when a governmental or private entity with eminent domain power makes a written initial offer for your property. This offer is often a low-ball figure, and property owners are generally advised not to accept it without careful consideration. You have the right to respond, negotiate, or […]
What is Eminent Domain?
Eminent domain is the right of the government to take private property for public use. While this may seem a shocking concept, it’s actually a power enshrined in the U.S. Constitution. Specifically, the Fifth Amendment states that private property cannot be taken for public use without just compensation. This means that while the government can […]
What is Scire Facias?
A scire facias is a legal writ that is used in Texas courts to bring a new party into an existing lawsuit, typically when an original party has died. The Latin term literally means “you should make known,” and its purpose is to notify the executor or administrator of the deceased’s estate that they must […]
Can You Probate an Estate in Texas After Four Years?
The law surrounding probate can be complex, especially when a significant amount of time has passed since the decedent’s death. While there’s a good reason for the probate process, it can become difficult to navigate if it’s not handled promptly. The Four-Year Rule Texas law includes a provision that makes probating a will challenging after […]
Practical Considerations for the Number of Series in a Series LLC
Series LLC’s have become popular vehicles for separating assets within each series of a single LLC. While there is no legal cap, it’s wise to consider a practical limit. A common number mentioned in practice is around one hundred, though this is based more on prudent risk management than a legal rule. The main reason […]
Are Non-Competes Binding on Lawyers in Texas?
The Public Policy Behind the Ban In Texas, non-compete agreements for lawyers are not legally enforceable. This is not primarily to protect the lawyer, but rather to protect the public and the client’s right to choose their legal representation. The Texas Disciplinary Rules of Professional Conduct, specifically Rule 5.06(a), states that a lawyer shall not […]
Can You Force an Executor to Probate a Will?
When a person passes away, their will names an executor to handle their estate. But what happens if the executor doesn’t take action? This can leave beneficiaries and alternate executors in a difficult position, wondering if they can force the issue. The Problem of Inactive Executors It’s a frustrating situation when a named executor refuses […]