The Weaver Law Firm represents both commercial landlords and tenants in lease default situations. We want to help the parties resolve the dispute. When a business fails to abide by the obligations of the lease agreement, it can trigger a default. Are you a commercial...
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Real Estate
Real estate ownership dispute?
Is someone challenging the ownership of your property? Would you like to remove a cloud on title or to quiet title? In order to support a quiet title action or trespass to try title on the property you must have proper evidence to support the following required...
Need to evict Residential tenant?
Is your tenant in violation of the lease by failure to pay rent, failure to maintain renter’s insurance, or providing false and misleading information in the residential lease application? Are you eligible to evict your tenant? What is the first thing that you may...
The differences between a contract for deed and a lease option
If you want to sell a property yourself without involving a real estate agent, listing your property for sale by owner is probably your plan. You may also want to consider offering owner financing on the property in order to attract a large and often-underserved...
Can you force a co-owner to sell real property?
The answer is: yes. Is your co-owner giving you a hard time or does not want to accept an agreed division of land? This is what the law provides: Rule 770 of the Texas Rules of Civil Procedure states: Should the court be of the opinion that a fair and equitable...
Where do I set-up my LLC? In Texas?
Why do some online resources state that real estate investors should set up their LLC in states like Nevada, Wyoming, and Delaware? Answer: Maybe because they are not Texas lawyers and do not know any better. What are the top jurisdictions to establish a real estate...
Should I place my real estate investment in a LLC?
If you get sued, you want to make sure that your properties are protected. If you are a real estate investor, you probably do not want to place multiple properties into the same LLC. If you do, each one of those properties becomes exposed to risks and liabilities. As...
Need Attorney Representation for Deposition? Have You Been Subpoenaed?
In lawsuits, it is common for attorneys to take the depositions of non-parties. These non-parties are often fact witnesses to cases and the attorney is trying to investigate the facts. In other situations, an attorney may want to take the deposition of a professional...
Laws related to title disputes and forged deed situations
What are a potential defenses or arguments used in a Texas real estate case to challenge titled real estate? A party can assert the following theories: UNCLEAN HANDS Under the doctrine of unclean hands, a court may refuse to grant equitable relief to a plaintiff who...
Can a Seller rely on an as-is contract to escape liability?
How can a Seller of real estate in Texas rely on the as-is clause in a real estate contract? It is possible for a defendant to incorrectly apply the Lutfak v. Gainsborough case in support of a motion for summary judgment. If anything, the Gainsborough case may support...