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 […]
Category: Real Estate Law
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 […]
Landlord Liability For Breach of Lease in Texas
If you have a validly signed lease and your landlord breaches that lease, what are your rights and remedies under Texas law? Landlord liability in this situation is governed by statute and further clarified by case law. The Texas Property Code states, “If the landlord of a tenant who is not in default under a […]
What is Considered a Valid Property Description in a Texas Deed?
Not all real estate deeds are created equally. Formatting can vary from attorney to attorney, or even from individual to individual if you decide to draft the deed yourself. Generally speaking, a valid Texas deed must include all of the following: the names of the grantor and grantee involved in the transaction, their intent to […]
Proper Procedures for Remote Online Notarizations
The COVID-19 pandemic has certainly changed the world we live in today. For example, there has been an exponential increase in demand for remote closing options in the real estate industry. As a result, remote online notarizations have surged and continue to be in high demand due to their simple and convenient process. With that, […]
Fraudulent Inducement Involving Developer Deed Restrictions
In a prior blog post, we discussed the general concept of deed restrictions used by developers to control uses of a property and preserve value. As mentioned there, commercial deed restrictions are very often enforceable and upheld by courts. An example of such a commercial deed restriction would be an exclusive right to sell chicken […]