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 buyers/sellers in navigating the current market uncertainties. The forms are...
On March 25, 2020, the Bexar County Civil District Courts issued the COVID-19 Court Operations Plan. The Plan is effective April 6, 2020 and requires that ALL hearings be conducted remotely. I made this video to provide information on the plan, and my initial "take"...
From Texas Realtors: The COVID-19 pandemic is causing unprecedented impact and uncertainty for Texas real estate transactions. Voluntary and mandatory quarantines and the closure of government and private offices may impede the ability of parties to successfully fund...
“The right of individuals to use their own property as they wish remains one of the most fundamental rights that individual property owners possess.”[1] Texas’ population explosion and climate change[2] have intensified the need for conservation of increasingly-scarce...
TEXAS COURT DEFINITION OF "OPTION TO PURCHASE" Under Texas court decisions, an option to purchase is a land contract by which the owner gives another the right to buy property at a fixed price within a certain time. Bryant v. Cady, 445 S.W.3d 815, 819 (Tex....
In December 2016 we filed suit on behalf of Laredo landowners whose access to their subdivision was being denied by a neighboring property owner. The neighbor claimed that he owned the roadway leading to the subdivision as his private property. To bolster his claim,...
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 S.W.2d 794, 795 (Tex. App.-Houston [14th Dist.] 1990, writ denied)....
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 this state shall give to the purchaser of the property a written...
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 disclosure obligation where the Buyer/Purchaser had an equal opportunity to discover the...
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 more appropriate for commercial use. Landowners...
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 retains legal title and has no obligation to transfer it unless and until the purchaser finishes...
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 eye. —Schamburger v. Scheurrer, 198 S.W. 1069 (Tex.Civ.App.–Fort Worth 1917, no...
NUISANCE AS A TYPE OF LEGAL INJURY Under Texas law, the term“nuisance” refers not to a defendant’s conduct or to a legal claim or cause of action but to a type of legal injury involving interference with the use and enjoyment of real property. Though once recognized...
WHAT IS A NUISANCE? "A ‘nuisance’ is a condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities.” Schneider Nat’l Carriers, Inc. v. Bates, 147 S.W.3d 264, 269 (Tex....
WHAT ARE STIGMA DAMAGES? Sometimes a property's history or other outside influence creates an adverse public perception. This negative impact translates to diminished value or marketability based upon perceived risk or other emotion. Classic examples are homes where...
Somebody sent this to me, and I wanted to pass it along. I'm not sure of the origins of this prayer (or if St. Thomas More had anything to do with it) but I sure do like it! Here's another version: Pray that, for the glory of God and in the pursuit of His justice, I...
File this under curious and confusing. On May 2, 2018, the Fifth Court of Appeals (Dallas) issued an opinion that has left real estate professionals scratching their heads. The Dispute In the case, Shepard vs. MQ Prosper Retail, LLC, et al., the Court was tasked with...
When a Buyer of real estate breaches a purchase and sale agreement (a Contract), the Seller frequently suffers damages. Often, those Seller damages may be compensated by the earnest money, or are simply not cost-effective to pursue. In other cases, the damages can be...
The FBI reports that illegal property flipping schemes involving straw buyers are rampant. The scheme involves a fraudulent "investor," a straw buyer, a compromised appraiser, and an unsuspecting lender. In very broad terms, the scheme works like this: An "investor"...
Benjamin Franklin famously wrote that "time is money." While generally true, this statement has some significant exceptions, including time expended by parties involved in lawsuits. An absolute truth about lawsuits - whether they relate to real estate or any subject...
The purchaser of residential property sold to satisfy a homeowners association ("HOA") lien recently learned an expensive lesson about inflating redemption costs. On November 29, 2017, San Antonio's Fourth Court of Appeals ruled in favor of a homeowner who was...