Many people assume that owning a home is just like owning a car—that there is a single piece of paper you hold onto to prove you own it. However, in Texas, the legal reality of property deeds and vehicle titles couldn’t be more different. Understanding these distinctions is critical for anyone buying or selling assets […]
Category: Real Estate Law
The Legal Checklist for Private Car Sales
While most people choose to trade in their vehicles at a dealership to avoid the hassle, selling a car to a private party can often net a higher price. However, unlike a dealer transaction, the burden of ensuring the legal paperwork is handled correctly falls entirely on you. In Texas, a handshake deal isn’t enough; […]
Bonding Around Contractor Liens in Texas
Facing a surprise mechanic’s lien right before a major real estate closing or refinance can be a nightmare. While many people might try filing a lawsuit to have the lien removed, there is a far more efficient statutory process in Texas that allows for bonding around the lien. What Does It Mean to “Bond Around” […]
What is a Wraparound Loan?
A wraparound loan, or wraparound transaction, is a specific type of owner finance real estate sale. It is primarily used when a buyer cannot secure traditional bank financing or when the seller has an existing, low-interest mortgage that they do not want to pay off immediately. How a Wraparound Transaction Works In a standard owner […]
How to Sell Your Duplex or Four-Plex as a Condo
Many property owners who own a multi-unit building like a four-plex eventually consider selling the individual units to different buyers. While the idea of simply drafting a deed for each unit may seem simple, converting a multi-unit property into individual, separately sellable residential units requires a formal legal process that establishes a condominium regime. The […]
Golf Course Living is a Classic Example of Assumption of Risk
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 […]
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 […]