Real Estate Law | Silberman Law Firm, PLLC

Understanding the Impact of House Bill 2127 on Texas Real Estate

The Dawn of State Preemption in Local Real Estate Governance Texas’ House Bill 2127, effective September 1, 2023, represents a seismic shift in the balance of power between state and local governance, particularly in the realm of real estate law. This legislation, aimed at limiting the rulemaking authority of municipalities and counties, essentially prohibits these …

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Navigating New Horizons: Understanding Texas’ 2023 Changes to HOA and COA Laws

A New Era for Homeowners and Condominium Owners’ Associations The Texas Legislature’s recent session has ushered in pivotal changes for Homeowners’ Associations (HOAs) and Condominium Owners’ Associations (COAs) in Texas. Effective September 2023, these changes are set to redefine the landscape for property owners and tenants alike. As a law firm deeply vested in real …

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Can HOA Dues and Fees Trigger Causes of Action Under the TDCA or the FDCPA in Texas?

Texas property owners who have been hounded by their Homeowners Association or its lawyers for unpaid dues, assessments, and fines may wonder whether any consumer protection laws exist to give them legal relief against abusive or harassing HOA debt collection practices. The answer is “yes,” but not all such laws are created equal. The Texas …

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Exploring Owner Financing in Texas: A Homebuyer’s Guide

When it comes to buying a home in Texas, traditional financing options like mortgages are common. However, there’s another avenue for purchasing real estate that’s gaining popularity: owner financing. Owner financing, also known as seller financing, offers an alternative route to homeownership that can be particularly attractive to both buyers and sellers. Understanding Owner Financing …

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Eviction Appeals and Counterclaims in Texas

According to Texas Property Code Sec. 24.004, the Justice of the Peace courts (commonly referred to as “JP courts” or “Justice Courts) have original jurisdiction to hear cases regarding forcible detainer and forcible entry and detainer suits, more commonly referred to as eviction suits. In the past, we have discussed how jurisdictional issues can appear …

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Blockchain and Smart Contracts: Transforming Property Transactions in Texas

The intersection of blockchain technology and real estate law is a novel yet increasingly relevant field of study. As blockchain continues to show its versatility beyond its origins in cryptocurrency, it holds the potential to revolutionize various industries, including property transactions. This post explores how smart contracts could reshape the real estate landscape in Texas, …

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Understanding S.B. No. 147: Implications for Foreign Property Ownership in Texas

Recently, the Texas legislature considered some bills that, if eventually passed into law, would have major implications for both current and prospective property owners in Texas. One of those bills was considered in the 88th Texas legislative session—S.B. No. 147, a bill particularly concerning for foreign individuals and entities. While the 88th legislative session is …

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