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...
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...