The concept of assumption of risk is a fundamental principle in tort law. It essentially means that if a person voluntarily exposes themselves to a known danger, they may not be able to hold another party liable for any resulting injury or damage. The decision to purchase or reside on property adjacent to a known […]
Category: Real Estate Law
How to Get Specific Performance in Texas
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, […]
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 […]
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 […]
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 […]