LIS PENDENS ONLY PROPER WHEN TITLE TO LAND AT ISSUE

WHAT IS LIS PENDENS? “Lis pendens provides a mechanism for putting the public on notice of certain categories of litigation involving real property.” Prappas v. Meyerland Cmty. Improvement Ass’n, 795 […]

SELLER’s DISCLOSURE OF PROPERTY CONDITION NOT REQUIRED FOR VACANT LAND

GENERAL REQUIREMENT FOR WRITTEN NOTICE OF PROPERTY CONDITION Section 5.008(a) of the Texas Property Code provides A seller of residential real property comprising not more than one dwelling unit in […]

NO REAL ESTATE FRAUD BASED ON BUYERS’S LACK OF INVESTIGATION

Not all failures of a Seller to disclose property conditions constitute actionable fraud. In fact, sometimes Sellers have no duty to disclose at all. Sellers can be excused from a […]

HAVE YOUR DEED RESTRICTIONS BEEN WAIVED?

Given the rapid expansion of Texas cities and changing nature of many subdivisions, deed restrictions sometimes seem antiquated.  This is especially true where once residential streets are now busy thoroughfares […]

STATUTORY DAMAGES AVAILABLE WHEN SELLERS BUNGLE CONTRACT FOR DEED

WHAT IS A CONTRACT FOR DEED? A contract for deed is a form of real property conveyance in which the purchaser obtains an immediate right to possession but the seller […]

NUISANCE MUST BE MORE THAN VISUAL

Beauty, like supreme dominion Is but supported by opinion –Benjamin Franklin, Poor Richard’s Almanack, 1741 [T]he law will not declare a thing a nuisance because it is unpleasant to the […]

Texas Historic Courthouse Preservation Program

The Texas Historical Commission‘s Texas Historic Courthouse Preservation Program is a worthwhile cause for all who recognize the beauty, historic and cultural significant of courthouses. I have a personal affinity […]

The Important Distinction Between Deed Fraud and Deed Forgery

I frequently refer to deeds obtained through deception or deceit as “dirty.”  This nomenclature started off as a backhanded reference to AC/DC’s 1970’s rock n roll anthem “Dirty Deeds Done […]

3rd Court of Appeals: Austin’s Short Term Rental Ordinance Void

On November 7, 2019, the Austin-based Third Court of Appeals ruled that the City of Austin‘s ordinance provision banning non-homestead short-term rentals is void. In reaching this holding, the Court […]

Some Real Estate “Contracts” Are Mere “Agreements to Agree”

Did you know that not all “agreements,” even if detailed, rise to the level of a legally enforceable contract? Contracts Must Specify All Material Terms In order to be enforceable, […]