In many cases involving real estate, the value of real property (whether a home, unimproved property or acreage) is of critical importance for proving loss, damages or another ultimate issue in the suit. Most times, real estate valuation testimony is solicited...
Many times restrictive covenants (deed restrictions), easement rights and other rights or burdens on real property are said to "run with the land," or are otherwise characterized as "running with the land." But, what does this phrase mean? SIMPLE DEFINITION Put...
It's no secret that real estate fraud is rampant in Texas. Today's hot real estate markets, combined with the vast number of people moving to Texas from other places, provide fertile opportunity for scammers to capitalize on the universal dream of home ownership....
Earnest money disputes arise when both the buyer and seller of real estate believe that the actions (or inaction) of the other caused a Contracted-for sale to fall through. The emotional turmoil of a failed purchase and sale is usually accompanied by a determination...
The Texas Deceptive Trade Practices Act (the "DTPA") is a powerful statute that provides consumers of goods or services with relief for certain acts by the Sellers of such goods. Its express purpose is "protecting "consumers against false, misleading, and deceptive...
The types of cases we handle in our San Antonio real estate law practice frequently come in batches or waves. Other than the usual basket of fence line and boundary disputes, title disputes, evictions and HOA disputes that we handle every month, more specialized...
The Fourth Court of Appeals in San Antonio has upheld a Bexar County trial court's determination that restrictive covenants / deed restrictions limiting use of property "solely for residential purposes" prohibits use of a home as a short term rental ("STR"). The...
Typically, parties enter contracts for the purchase and sale of real estate with some degree of enthusiasm, and intentions to consummate the transaction under the terms agreed-upon. However, circumstances (and minds) change. Sometimes, these change results in a buyer...
Buying property at a foreclosure sale can undoubtedly present a savvy buyer with tremendous opportunity for profit. Death, disability, divorce, job loss, and financial woes are the frequent companions of (or precursors to) foreclosure of real estate. Sometimes, the...
Upon popular request and after lots of procrastinating, I have updated my Primer on Residential Evictions in Bexar County, Texas. I first wrote the Primer in 2011 as a resource for Landlords, Investors and Property Managers who find themselves facing the prospect of...
JURY FINDS IN FAVOR OF OUR DEFENDANT-CLIENT IN LAWSUIT OVER VEHICLE REPOSSESSION This week we are celebrating a defense jury verdict reached on behalf of our client SFM MOTORS, INC. ("SFM"). The verdict came following 2 1/2 days of jury trial in a four-year-old...
It is no secret that Texas real estate professionals (brokers, agents, etc.) are frequently principals in real estate transactions. That is, real estate brokers and agents -- like other people -- act as Sellers or Buyers of property in which they have an ownership or...
My last post discussed the disasterous results of an illegal subdivision located in Caldwell County. The failure of the developer to comply with platting laws or obtain County approval of the Century Oaks subdivision (combined with County inaction) resulted in many...
Unplatted Subdivision Reveals Problems Associated with Contracts for Deed and Limited Land Use Oversight. The Austin American Statesman recently published a series of articles that cast a chilling light on what happens when a landowner-turned-real-estate-developer...
TREY WILSON CAN LIST YOUR PROPERTY FOR SALE OR REPRESENT YOU AS THE BUYER OF RESIDENTIAL OR COMMERCIAL REAL ESTATE IN TEXAS. In addition to being an experienced real estate attorney, Trey Wilson is also a real estate salesperson licensed by the Texas Real Estate...
We are often called upon to defend suits filed by tenants against managers of residential rental properties. These suits generally arise from disputes over security deposit refunds and/or unfulfilled repair requests. Sometimes the owner/landlord is also joined in...
Did You Know that a title defect is a condition of land or its surrounding circumstances that invalidates, diminishes or negatively impacts real estate ownership in some way? Common examples of title defects in Texas real estate applications include the following:...
5 REASONS YOU NEED A LAWYER WHEN BUYING OR SELLING A HOME IN SAN ANTONIO, TEXAS If you are concerned with the ability of your realtor to comprehensively serve your needs in selling your home, you are not alone. Many sellers of residential real estate discover too late...
Getting served with a lawsuit -- especially the first time -- can be overwhelming and stressful. We typically ask new clients about the emotions they feel after being served with legal papers, and range is broad, but consistent. Fear, Concern and Anger top the list...
Our office routinely represents real estate investors and others who purchase residential properties at foreclosure sales. These sales are most commonly conducted by the Trustee for for a lien holder -- typically the mortgage lender to an owner who has defaulted in...
It may seem obvious that the job and role of a real estate agent and that of a real estate attorney are very distinct when buying or selling property; however, many times buyers and sellers are confused about the limitations of a real estate professional, and end up...