Many property owners in Texas have few options other than to purchase a home located within a planned neighborhood or one that is governed by a homeowners association (HOA) or community association. Especially in the Houston Metropolitan area, planned communities...
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Real Estate
How do you interpret deed restrictions?
Real estate owners set deed restrictions on their properties for the benefit of those properties and typically in an effort to increase the value of such properties. Deed restrictions apply to the subsequent owners of the property for the duration of the initial term...
What are your rights under the Merger Doctrine?
In a real estate transaction, the parties often sign a purchase agreement that calls for a closing, during which a deed is transferred to the buyer for the property. The terms of the purchase agreement are likely to change due to the Merger Doctrine. According to the...
How to respond to an HOA violation letter
Many people live in communities ruled and regulated by homeowner associations (HOA), an organization in a subdivision, planned community or condo. A homeowner association typically sets restrictions on properties in their jurisdiction that each resident must abide by....
Did a seller of real property fail to disclose information about your home?
After entering into an agreement, did you receive disclosures that did not match what was discovered? You may have a breach of contract or negligent misrepresentation. You may have a fraud claim if the failure to disclose was intentional. Did your inspector fail to do...
What is fraudulent inducement?
What is fraudulent inducement? Fraudulent inducement occurs when one party uses deceptive claims to persuade another party into signing a contract against their best interests. Because fraud violates the requirement of the contract’s “meeting of the minds”, the...
Types of Easements
Easements are a common occurrence in Texas property law, and they are defined as a right, privilege, or advantage that exists independently of ownership rights in real property. An easement, in most cases, allows for the usage of land in a specific way. What are the...
What are Gift Deeds?
Gift deeds are one option in Texas for transferring real property to someone who is not included on the original deed. They can be either a special warranty deed or a general warranty deed. The gift deed transfers property ownership as a gift. The person making the...
Implied Warranty from Construction Builder?
The question before us whether the implied warranty extends to subsequent purchasers. It does cover latent defects not discoverable by a reasonably prudent inspection of the building at the time of sale. Why? Because: (1) a builder should be in business to construct...
What happens when a buyer’s offer leads to a major appraisal gap?
As a real estate agent, your job is to help buyers find the right property and then manage the sometimes complicated process of submitting a bid and closing on the home. In recent years, a shortage of adequate housing supply has meant that it takes longer for buyers...