Sales Price of Undeveloped Property Can be Subject to Adjustment
Contract Price Isn’t Always the Actual Price Sellers of acreage properties for other than farm and ranch use can be in for a big surprise when it comes to the […]
Big Changes Coming to TREC One to Four Family Residential Contract
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 […]
Every Real Estate Claim Must Have These 3 Things to be Viable
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 […]
Real Estate Brokers/Agents Exemptions from DTPA Claims Not Absolute
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 […]
Anatomy of Earnest Money Disputes
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 […]
Prescriptive Easement Akin to Adverse Possession
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 […]
Real Estate Agent Generally Not Liable for Seller’s Disclosure Notice
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 […]
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 […]
