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 […]
Category: Real Estate Law
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 […]
Is It Legal to Take Sand From a Beach in Texas?
If you’ve ever walked along the Texas coast and wondered whether it’s legal to scoop up a bit of beach sand for a backyard project or even contemplated rolling up in a truck to load up for construction you’re not alone. The short answer is: no, it’s not legal. Texas law is quite clear and […]
When HOA Power Goes Too Far: The Legal Headaches Homeowners Face
Many homeowners’ associations (HOAs) are supposed to help maintain community standards and property values. But for many Texans, HOA’s represent frustration, inflated costs, and legal overreach. Homeowners often feel powerless once they enter a dispute. This post explores why HOA’s generate so much resentment and what legal frameworks make these problems so difficult to fight. […]
Spousal Transfers and Asset Protection
In Texas, one of the most common legal questions we receive at Silberman Law Firm involves spouses wanting to add each other to property deeds or, alternatively, remove themselves for asset protection. These decisions can dramatically alter the legal characterization of property—changing it from separate to community property or vice versa. Let’s break down how […]