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 […]
Category: Real Estate Law
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 […]
Help! My Builder is Taking Too Long to Build My House
When you sign a contract with a builder to construct your new home, you expect the process to follow a reasonable timeline. However, many people find themselves in a frustrating situation where their builder seems to be taking forever to complete the project. It’s a common issue that often leads buyers to question their legal […]
What is a Fixture?
Defining a Fixture in Real Estate In real estate, a fixture is any item of personal property that has been attached to the real property in a way that it becomes a part of the real property. Several examples include HVAC systems, built-in appliances like dishwashers, and even speakers mounted to a wall. The key […]
Pretend Sales to Circumvent Homestead Protection
In Texas, homestead protections are a powerful legal shield designed to prevent homeowners from losing their primary residence to creditors. However, some unscrupulous lenders have attempted to find creative ways to get around these protections, often through “pretend sales” and other complex documents. These schemes are designed to give lenders a claim on a homesteaded […]
Suing Realtors For Overcharging Commission
A recent change in real estate rules has sparked a new wave of legal questions, particularly for homebuyers in Texas. Prior to July, Multiple Listing Services (MLS) in places like Texas automatically included a 3% buyer’s agent commission. This practice has since changed following a lawsuit alleging anti-competitive practices. Now, Realtors are no longer able […]
How to Handle Personal Property in a Real Estate Transaction
When buying a residential property, you’re not just purchasing the land and the house; you may also want to acquire certain personal items, such as refrigerators. This can be a point of confusion because there’s a legal distinction between real and personal property. Properly addressing personal property in a real estate transaction is crucial to […]
How to Keep Property Ownership Anonymous
In today’s world of online data and searchable public records, many Texans are concerned about privacy—especially when it comes to real estate. While it’s impossible to make property ownership completely invisible, there are a few strategies to help reduce the public footprint of your ownership. Use “Current Owner” on Appraisal Records The most visible source […]
Why Ownership Records at the Appraisal District Don’t Matter
One of the most common misconceptions among Texas property owners is that the local appraisal district determines legal ownership of real estate. While appraisal district websites are often the easiest way to look up property information online, they do not control or verify who legally owns property in Texas. The Role of the Appraisal District […]
Can You Gate Off Your Neighborhood in Texas?
With rising concerns about crime and safety, many Texas homeowners wonder if they can install gates and restrict access to their neighborhoods. While it may seem like a simple solution, the legal and logistical hurdles involved especially when public streets are involved make it a far more complicated proposition. Here’s what you need to know […]