The Texas Real Estate Commission is making big changes to some of its most commonly-used forms. In addition to adopting a new Consumer Protection Notice, and revamping other contract forms […]
RECOGNIZE, BUT DO NOT FEAR, UNCERTAINTY Legal disputes are scary because for most people they are unfamiliar territory. As humans we are all innately scared of the unknown, and the […]
ABOUT THE DTPA The Texas Deceptive Trade Practices Act (“DTPA”) is a very powerful statute. The DTPA provides protections for consumers from deceptive trade practices in the purchase and lease of […]
Earnest Money Disputes Arise When Real Estate Contracts Go Sideways Let’s face it, a large number of real estate contracts do not close. No matter how pure the intentions of […]
WHAT IS A PRESCRIPTIVE EASEMENT? A prescriptive easement (or easement by prescription) is a right of access over another’s property acquired through the claimant’s adverse actions taken “under color of […]
REQUIREMENT OF SELLER’s DISCLOSURE NOTICE Texas law requires Sellers of residential properties to disclose certain conditions that exist on the property. The form of the Seller’s Disclosure Notice is mandated […]
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 […]
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? 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 […]
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