Effect and Enforceability of AS-IS Clauses in Real Estate Contracts
WHAT IS AN “AS IS” CLAUSE? AS-IS clauses are best described as a species of “disclaimer of reliance” clauses. Under such clauses, a buyer generally agrees that she is entering a […]
Seller’s Statements in Disclosure Notice Not Protected Speech Under TCPA
The Court of Appeals for the First District of Texas was recently presented with a novel claim: that a Seller’s representations contained in a Seller’s Disclosure Notice is protected speech under […]
What is an Easement By Estoppel?
WHAT IS AN EASEMENT? An easement confers upon one person the valuable right to use the land of another for a specific purpose. Hubert v. Davis, 170 S.W.3d 706, 710 (Tex. App.-Tyler […]
Proving the Existence of an Easement By Necessity
WHAT IS AN “EASEMENT?” “A property owner’s right to exclude others from his or her property is recognized as ‘one of the most essential sticks in the bundle of rights […]
Invalidating a Notarized Deed is an Uphill Battle
The validity of a deed — and the conveyance of land it purports to represent — often turns on formalities. Whether a deed is subject to being invalidated by a […]
Proving a Claim for Disputed Title – Trespass to Try Title
WHAT IS TRESPASS TO TRY TITLE LAWSUIT? A suit to quiet title is a statutory cause of action grounded in Chapter 22 of the Texas Property Code. Generally speaking, a […]
The “Creative Destruction” Impact of Coronavirus on the Practice of Law
BAD NEWS ALL OVER The destructive impact of COVID-19 is undeniable. Virtually every industry in the American (and possibly worldwide) economy has been negatively impacted. The practice of law is […]
Keep Calm and Call Your San Antonio Real Estate Lawyer
COVID-19 has affected all of us. My small business is not immune from the pandemic’s economic and life-altering impact. Yet, we are here, adapting to the new “normal” to best […]
VIDEO: Accessing Bexar County Courthouse Gets Challenging
On April 6, 2020, Bexar County Judge Nelson Wolff entered a revised Emergency Order in response to the COVID-19 Disaster Declaration. This Order (NW-o5) contains strict guidelines for all persons […]
New COVID-19 Forms from Texas Ass’n of Realtors
The Texas Association of Realtors (TXR) is not taking the COVID-19 pandemic lying down. Instead, they have issued a series of responsive forms designed to assist their Realtor members and […]
