Filing for bankruptcy significantly affects mortgage obligations, a reality often misunderstood in Texas. The law draws a crucial distinction between discharging debt and removing property liens. This nuance is vital for homeowners considering bankruptcy and its implications on property ownership and sale. Bankruptcy Misconceptions and the Reality of Liens Many believe that bankruptcy frees them […]
Category: Real Estate Law
The Wholesaling Trap: 5 Red Flags To Look For When Selling a Home in Texas
Receiving a purchase offer after putting a home on the market can be an immense relief for a Texas homeowner, especially if said homeowner is under pressure to sell due to personal circumstances. Unfortunately, as some homeowners learn too late, not all parties who submit purchase offers are genuine buyers. The practice of real estate […]
The End of an Era: The Shift in Real Estate Agent Commissions in 2024
In a move that has sent ripples across the real estate industry, the once-standard 6% commission rate for real estate agents is undergoing a transformative shift in 2024. This development is not just a minor adjustment but a significant change that reflects evolving market dynamics, technological advancements, and consumer demands for greater flexibility and transparency […]
What is a Notice of Interest in a Real Estate Transaction?
If you have ever been involved in a transaction where a real estate investor sought to purchase your property, then you have likely come across a Notice of Interest document in the process of completing that transaction. A Notice of Interest (NOI) in real estate serves as a declaration of one’s legal interest in a […]
Balancing Equities in Partition Lawsuits
In the realm of property ownership, disputes can arise, especially when co-owners cannot agree on how to manage, divide, or even sell the property. In Texas, one common legal recourse for resolving such disputes is through a partition lawsuit. Once a partition lawsuit is filed, and after the court proportions the shares of the property, […]
Is There a Difference Between a Condo and a Townhome?
From the outside, it is hard to determine the difference between a condominium and a townhome. However, in Texas there are legal protections for condo owners that do not exist for townhome owners. There is also a significant difference in what portions of the property you own. The distinctions should be carefully considered when buying […]
Understanding the Impact of Texas SB 581 on HOA Holiday Decorations
As we all embrace the season of Christmas, homeowners in Texas are keen to display their festive decorations. However, it’s crucial to understand the legal landscape shaped by Texas SB 581, especially concerning HOAs and religious displays. The Rise of Religious Freedom in Texas Homeowners’ Associations The Homeowners Religious Freedom Act, known as SB 581, […]
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 […]
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 […]
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 […]