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 […]
Category: Real Estate Law
Texas Home Buying Basics: Earnest Money and the Termination Option
First-time home buyers in Texas may find themselves overwhelmed with unfamiliar terminology surrounding the purchase process. To protect their interests, such buyers should work to gain a basic understanding of the fundamentals of a home purchase before committing themselves to a contract. Two of the basic concepts of the typical home purchase with which every […]
The Statute of Repose and Construction Defects
What is the Statute of Repose? The term may lead one to think of the statute of limitations to bring certain actions under Texas law, and while it may operate in a similar fashion, there is one important caveat. A statute of limitation bars a cause of action following an injury or damages, or the […]
Issues When Leasing Your Property to a Solar Panel Company in Texas
If you own land in Texas, you may be approached by a solar panel company wanting to lease all or a part of your property to install a “solar panel farm,” basically, acres and acres of electricity-generating solar panels. A typical solar panel farm requires hundreds of acres of empty land in a location that […]
Allocating HOA “Buy-In” When Purchasing or Selling a Home in Texas
Homes located within developed subdivisions in Texas are often subject to mandatory membership in the subdivision’s Homeowners’ Association (HOA). The membership requirement is typically found in a restrictive covenant or other recorded instrument that affects the house itself, meaning that the owner of the home cannot sell the property without the buyer being subject to […]
Potential Complications of Adding a Non-Married Partner to a Deed in Texas
When it comes to real estate ownership, adding a non-married partner’s name to a property deed is a significant decision that can have legal and financial implications. While it’s relatively straightforward for married couples to add a spouse’s name to a deed, the process becomes more complex for non-married couples in Texas. Some of the […]
The Practicalities of Early Lease Termination in Texas
Sometimes, for a variety of reasons, residential tenants decide that it is not feasible for them to finish out the terms of their leases and that they need to move out early. While by no means ideal, early termination is sometimes a necessity — or the best of a bunch of bad options. Tenants in […]
Are Texas Sellers Required to Disclose a Murder in the Home?
When purchasing a new home, buyers expect transparency from the seller about the property’s history and condition. One topic that often raises questions is whether Texas residential sellers are required to disclose if a murder occurred in the home. In this blog post, we’ll examine the legal implications of such a disclosure, and what sellers […]
Buying a Property Without Title Insurance in Texas
We’ve written before about the vital role that title companies play in protecting buyers of Texas real estate from undiscovered liens and other defects and encumbrances clouding the title to the property they are purchasing. Proceeding with closing on a real property purchase contract without the safety net of a policy of title insurance is […]
Caring for Your Home When Your Co-Owner is an Absentee
Some of our clients find themselves in the unfortunate position of co-owning their home with someone who, due to absence, inability, or both, does not contribute to the upkeep of the home. Perhaps the client’s former spouse failed to comply with a divorce decree and moved out without deeding their half ownership of the marital […]