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; […]
Category: Real Estate Law
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 […]
Help! My Builder is Taking Too Long to Build My House
When you sign a contract with a builder to construct your new home, you expect the process to follow a reasonable timeline. However, many people find themselves in a frustrating situation where their builder seems to be taking forever to complete the project. It’s a common issue that often leads buyers to question their legal […]