Many communities have established homeowners’ associations (HOA) that set out specific rules and regulations that all residents must follow. The regulations may specify the color you may paint your home, how long the grass may be, and how many cars may be parked in the driveway and/or street at any time. Residents of that community […]
Category: Real Estate Law
Misinformation About Claim Deadlines and Insurance Related Harvey Damage
It has been brought to our firm’s attention that there has been quite a bit of misinformation circulated on social media about a purported September 1, 2017 deadline to file claims for damage related to Hurricane Harvey. Additionally, it seems that some of the confusion has been caused by unscrupulous lawyers hoping to capitalize on […]
Terminating a Lease for a Rental Property Damaged by Harvey
Our law firm has received a multitude of Hurricane Harvey related legal questions involving topics such as property damage and residential tenancies. To disseminate information efficiently, we have chosen to address the most common questions through blog and social media posting. This post will discuss the rights of tenants and landlords when a residential property […]
Security Deposit Refund and Accounting in Residential Tenancies
In Texas, landlords are under a strict set of guidelines that must be obeyed regarding security deposit refund and accounting. If a landlord fails to follow the law, severe penalties may be assessed against the landlord.Texas law makes it clear that a landlord has a duty to return the security deposit in full OR provide […]
Lis Pendens in Texas
In a pending lawsuit where title or an ownership interest concerning real property is at issue, an interested party may file a lis pendens to notify the public that the real estate is subject to controversy. Lis Pendens is a Latin term that means “a pending lawsuit” and is defined as “a notice, recorded in […]
Jurisdiction Issues in Eviction Lawsuits
There are four types of trial courts in Texas: district courts, county courts, justice courts, and county courts at law. Each court must have jurisdiction or authority to hear and decide a case. Tex. R. Civ. P. 500.2 (p) (West 2017). One of the factors in determining jurisdiction is the amount in controversy, and each […]
The Effect of Due on Sale Clauses on Wrap, Assumption and Subject To Transactions
Wrap around, assumption, and subject to transactions are all methods of transferring property where an underlying lien (usually a first mortgage) is not extinguished contemporaneous with the closing. These types of transactions have been common in Texas for some time but have gained even more popularity in recent years due to increased regulation of alternatives […]
Understanding the Differences Between a Right of First Refusal and a Right of First Opportunity
Rights of first refusal and rights of first opportunity are commonly referred to as preferential rights and routinely appear as part of real estate contracts. The differences and effects concerning these rights are not always clear.Right of First RefusalBlack’s Law Dictionary defines right of first refusal as “a potential buyer’s contractual right to meet the […]
Texas Transfer on Death Deeds
The Texas legislature enacted the Texas Real Property Transfer on Death Act which provides Texans an opportunity to transfer real property and avoid probate. As of September 1, 2015, Texas law allows an individual to create a transfer on death deed (TODD). A TODD is made inter vivos (during one’s lifetime) and allows an individual […]
Texas Residential Construction Liability Act (TRCLA)
To resolve construction defect disputes with a residential home builder or remodeler, Texas homeowners must currently follow the procedures set forth under the Texas Residential Construction Liability Act (RCLA). The RCLA was enacted in 1989 to help resolve construction disputes between homeowners and contractors and limit the liability of residential builders. Since 1989, various amendments […]