One of the biggest risks for those who work in residential or commercial construction is the risk of not getting paid for their work and/or supplies. Fortunately, Texas provides a mechanic’s lien, which offers a means for being reimbursed when owners refuse to pay for work and/or supplies. The mechanic’s lien offers relief as long […]
Category: Real Estate Law
TREC Rules and Laws Pertaining to Residential Property Managers
The Texas Real Estate Commission (TREC) is a regulatory body in Texas that oversees, among other things, residential property management. Property managers of single-family homes in Texas are usually required to have a broker’s license. Because residential management companies can manage hundreds of properties, their practices need to be professional, efficient, and accurate. They must […]
Trespass to Try Title in Texas
When a dispute over rightful ownership in Texas occurs over land, tenements, or other real property, a “trespass to try title action” is the method for resolving those disputes. Tex. Prop. Code Ann. § 22.001. Once resolved, a trespass to try title action determines ownership of the property and allows the rightful owner immediate possession […]
Quiet Title Actions in Texas
An important part of a real estate transaction is making sure that the title to the property is free and clear, meaning that no questions exist about ownership or liens against the property. Ideally, a title company or real estate lawyer ensures that such questions are identified and resolved before closing, confirming a “clear title” […]
Partition Lawsuits in Texas
Co-ownership of a property is possible and often benefits those owners, particularly when they share the property without complaint or dispute. Not all co-ownership goes smoothly, however. If the relationship among co-owners changes, and one or more of the owners is no longer interested in co-ownership, Texas law provides an option for dividing up, or […]
Incorrect Property Descriptions in Texas Deeds
Transferring property from seller to buyer is often a complicated transaction. Although many people carefully review and revise the necessary closing documents, errors still occur. The incorrect legal description of the property has caused some long-term litigation for buyers and sellers. While Texas Property Code Sections 5.027-031 allows for the correction of errors, all parties […]
How to Draft and Negotiate a Commercial Lease in Texas
For both a landlord and a tenant, negotiating, drafting, and finalizing a lease can be an arduous process. Because both parties work to ensure that their own interests are addressed in the document, negotiating a final draft of a lease can involve a significant amount of wrangling, an expensive process which can sometimes lead the […]
The Cost of Missing or Ambiguous Language in Texas Deeds
Conveying real property relies heavily on the exchange of accurate information and mutual agreements based on that information. Formal contracts are in place to verify the agreements and obligate both parties in those agreements. Sometimes, however, drafting errors within the contract itself undo that hard work. Fortunately, the Texas Property Code (§§5.027-03) is in place […]
The Role of Surveys When Selling or Buying Texas Real Estate
A property survey is a drawing accompanied by a written report which indicates boundaries of real property along with the locations of any improvements on that property. Based on the legal description of the property as well as a surveyor’s measurements, it is a critical document because most lenders require a survey for closing. A […]
Negotiating Specific Performance in Texas Real Estate Contracts
Specific performance is a safeguard for buyers and sellers in case one of the parties chooses to back out of a real estate contract. In Texas, specific performance is not a cause of action, but it does provide an equitable remedy when a party breaches a real estate contract. Stafford v. S. Vanity Magazine, Inc., […]