Conveying real property relies heavily on the exchange of accurate information and mutual agreements based on that information. Formal contracts are in place to verify the agreements and obligate both parties in those agreements. Sometimes, however, drafting errors within the contract itself undo that hard work. Fortunately, the Texas Property Code (§§5.027-03) is in place […]
Category: Litigation
The Texas Deceptive Trade Practices Consumer Protection Act
First enacted in 1973 and last amended in 1995, the Texas Deceptive Trade Practices – Consumer Protection Act (DTPA) was created to “protect consumers against false, misleading, and deceptive business practices, unconscionable actions, and breaches of warranty and to provide efficient and economical procedures to secure such protection.” Tex. Bus. & Com. Code Ann. §§ […]
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. […]
Voidable Deeds
Deeds procured by fraudulent misrepresentation are voidable A voidable deed is one that can be set aside or reformed if necessary to correct a mistake. A fraudulent deed is also voidable. See Maeberry v. Gayle, 955 S.W.2d 875 (Tex. App.—Corpus Christi 1997, no writ) (rescission of deed obtained by fraud was warranted). However, the deed […]
Void Deeds Fraud
Forged deeds are void ab initio Any time a deed is forged, that deed becomes void, considered null ab initio, from the beginning. It cannot be registered, and its intended function as a conveyance of property is completely inoperable and unenforceable. Simply making a claim is not sufficient to render it void, however. If a […]