STATUTE OF FRAUDS - GENERAL RULE REQUIRES REAL ESTATE CONTRACTS TO BE WRITTEN AND SIGNED The general rule in Texas is that contracts for the sale of real estate must be in writing and signed by the parties in order to be enforceable. This notion, commonly known as...
Judgment Determining Catholic Archdiocese Was Unjustly Enriched by Improvements to its 978.6 acre Ranch Vitiated by Fourth Court of Appeals. In a July 2021 opinion, the Fourth Court of Appeals saved the Diocese of Corpus Christi from a $458,426.14 jury verdict. In...
On May 26, 2021, the Texas Fourth Court of Appeals issued its opinion in a case that explored the requirement that a real estate broker's commission agreement be written and signed. The opinion was authored by Justice Irene Rios in a case entitled Stephen W. Mabery...
Suits to enforce payment of real estate commissions generally turn on the presence or absence of a signed agreement providing for the commission. PLAIN LANGUAGE OF THE TEXAS REAL ESTATE LICENSE ACT The Texas Real Estate License Act ("RELA") statute of frauds provision...
INTRODUCTION Emotion is complex. It is also instinctive, biological and neurophysiological. Emotion is a natural state of mind or mood that derives from a variety of internal and external factors. In short, Emotion is very real and very Human. Litigation, on the...
I have always enjoyed studying and discussing details of ancient and modern trials of significant import. The details of some of these trials, such as the trial of Jesus and Salem Witch Trials, are widely-known. Others are far more esoteric. My passion for reading...
Formation of a valid contract for the purchase and sale of real estate in Texas does NOT require a Buyer to deposit earnest money. Even if a contract expressly requires the Buyer to make the earnest money deposit within a certain time, failure to do so does NOT mean...
For landowners looking to sell acreage or commercial tracts, being approached by a developer can be exciting. Over the years I have had many landowner-sellers tell me that after the first contact, they felt like their "ship had finally arrived." However, when it came...
Texas law requires that a contract’s subject matter be reasonably identified. With contracts for the purchase and sale of land, the subject matter is the property itself. If the contract and related writings do not sufficiently describe the property to be conveyed,...
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 actual price a buyer is willing to pay. This is true because many contracts for the purchase of large tracts...
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 and addenda, the Commission has adopted significant revisions to the One to...
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 law contains many unknowns for the average person. Lawyers frequently add to this...
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 goods and services. See TEX. BUS. & COM. CODE ANN. §§ 17.46, 17.50;...
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 the buyer and seller, many variables pose hazards to consummation of real estate deals. The...
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 law.” The adverse actions must persist continuously for at least...
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 by statue. Section 5.008(a) of the Texas Property Code...
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 contract to purchase real estate relying solely on her own judgment and not on any...
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 the Texas Citizens Participation Act ("TCPA"). This case is...
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 2005, no pet.). An easement is a "liberty, privilege or advantage in land without...
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 that are commonly characterized as property.’” Marcus Cable Associates, L.P. v. Krohn, 90 S.W.3d 697,...