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 […]
Category: Real Estate Law
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. […]
Holding Texas Bureaucrats Accountable for Rigged Bidding
In addition to their other responsibilities, city and county officials are often responsible for overseeing local projects to meet the needs of constituents, such as building roads and public buildings. Texas has in place specific statutes that local officials must follow to encourage competitive pricing and quality work. This competitive bidding process is governed by […]
Consideration For Texas Deeds
Because it identifies in writing the legal and equitable title of real property to its rightful owner, a deed is a critical document for anyone owning property. A Texas deed may come in one of several different forms; it could be a special warranty deed, a general warranty deed, a transfer on death deed, or […]