Plenty of people in businesses that hire sales associates deal with a compensation arrangement. Typically, when a salesperson is responsible for a sale, some percentage of the value of the sale is payable to the salesperson directly as a way to incentivize effective selling practices and reward salespeople in proportion to how much they benefit […]
Category: Real Estate Law
Transferring Title to a Mobile Home
Transactions and policies regarding Texas mobile homes are regulated by the Texas Department of Housing and Community Affairs (TDHCA), through its Manufactured Housing Division (the “Division”). The Division administers the Texas Manufactured Housing Standards Act, which ensures that manufactured homes, or mobile homes, are safe and well-constructed, that consumers are provided fair and effective remedies, […]
Buying and Selling Property “As Is” in Texas
When owners sell a house “as in” in Texas, they are signaling that updates or repairs will not be part of the negotiation process with buyers. The buyer is agreeing to accept the physical condition of the house in its current state. An “as is” clause protects a seller if a buyer later makes claims […]
Texas Uniform Partition of Heirs’ Property Act
Partition is the division of real property among joint owners and is an absolute right in the state of Texas. Texas law will not force one owner to maintain a joint ownership if he or she wishes not to for any reason. In this case, a joint owner may compel a partition in kind or […]
Homestead Exemptions for Jointly Owned Property
Texas is unique in its sacred protection of the homestead. The Texas homestead laws are found in Texas Constitution Article XVI, Section 50 and outline the unique protections available to the homestead of a family or single adult. The benefits of Texas homestead laws provide both a tax exemption to remove part of the […]
Converting Separate Property to Community Property in Texas Must Be Clearly Intended
While most assets earned or acquired during a marriage are community property, other assets that were separate property at the time of marriage remain separate property. It is possible to convert separate property into community property, but anyone intending to do so must sign and execute a conversion agreement exactly as laid out in the […]
Determining Mineral Rights in Texas
When considering the value of property, most people focus on the surface, the house or land, but sometimes the greatest value of the land is in what lies beneath the surface, its minerals. Like houses and lots, minerals are labeled as real property in Texas and may be conveyed with the sale of the property. […]
Buying Real Estate Remotely in Texas
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 […]
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. […]