The combination of a global pandemic and a wild real estate market in Texas have led to surprising changes in the process of buying and selling real estate. Because open houses and in-person home tours have not been as available recently, remote options have become more commonplace. In fact, many buyers and sellers are relying …
Category: Real Estate Law
Recent Changes to Eminent Domain in Texas
First defined in the Fifth Amendment of the United States Constitution, eminent domain means that the government has the right to confiscate private property for public use. The property owner should be justly compensated for the property but cannot easily prevent the seizure of that private property. The Supreme Court confirmed the validity of …
Seller’s Disclosures in Texas for Properties Owned by Estates
One of the main concerns for someone buying property is the condition of the property and any relevant information about that property. Seller’s disclosures exist to inform the buyer of issues that have been addressed, such as treatment for termites or previous flooding, and issues that may need to be addressed, such as roof replacement. …
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Holding Texas Bureaucrats Accountable for Rigged Bidding
In addition to their other responsibilities, city and county officials are often responsible for overseeing local projects to meet the needs of constituents, such as building roads and public buildings. Texas has in place specific statutes that local officials must follow to encourage competitive pricing and quality work. This competitive bidding process is governed by …
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Consideration For Texas Deeds
Because it identifies in writing the legal and equitable title of real property to its rightful owner, a deed is a critical document for anyone owning property. A Texas deed may come in one of several different forms; it could be a special warranty deed, a general warranty deed, a transfer on death deed, or …
Gift Deeds in Texas
When a person wants to transfer real property to another person not listed on the original deed, one option in Texas for that type of transaction is a gift deed, which could take the form of either a special warranty deed or a general warranty deed. As its title indicates, the gift deed transfers ownership …
Help! My HOA Says I can’t Airbnb My Property in Texas
Many Texas communities have deed restrictions designed to control situations which might adversely affect the neighborhood. Homeowners’ associations are the organizations that enforce those restrictions. While enforcement has often been a challenge, that challenge is significantly escalated by the fact that deed restrictions do not change with the times. One of the more significant changes …
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Parking Clauses in Texas Commercial Leases
While indoor spaces and facilities are of great importance when leasing a property, another important consideration is the availability of parking for a property. For that reason, parking clauses are common clauses in commercial leases. The pandemic has shifted parking needs substantially; Many offices need less space for employees now working from home, and retailers …
Actual Notice and Constructive Notice as Part of the Innocent Purchaser Defense
To benefit from the innocent purchaser defense in Texas, a party must not have actual or constructive notice that another person may have an ownership claim to the property. Knowledge of the claim may result in divestment of the purchaser’s ownership interest. According to Texas Property Code § 13.001, actual notice means that the purchasers …
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Innocent or Bona Fide Purchaser Defense in Texas
The Latin phrase bona fide translates to “something of good faith, authentic, and genuine.” A Bona Fide purchaser, then, is someone who purchases property in good faith, assuming that things are as they seem, that the purchase is legitimate, and the title is unencumbered. If a third party presents a claim against the property, a …
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