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...
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Houston Legal Blog
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...
What is Clear Title or Marketable Title?
Owning a home is a goal for many, but the journey from finding a home to moving into it is often complicated. Even if the buyer and seller agree on a selling price, the contract can fail for a variety of reasons. One of the reasons why a sale can fail is that there is...
How to Calculate Damages in Cases of Trespass
What happens if someone trespasses and causes damages to your property? Trespass to land occurs when one party enters another party’s property without consent. There is no need for substantial injury to have occurred. To prove your trespassing case, you typically must...
Arbitration in Construction
What is an arbitration? Arbitration is a type of conflict resolution where arbitrators conduct a hearing so that both parties may present their issues. This is typically seen when a conflict arises that the parties cannot resolve by themselves. The arbitration process...
What is a liquidated damages clause?
Should you include a liquidated damages clause in your contract? A liquidated damages clause in a contract refers to a specific amount of damages that parties agree upon in advance will be assessed in the event of a contract breach. Liquidated damages clauses are...
Attorney Collections for Suits on Sworn Accounts
What is a suit on sworn account? A suit on a sworn account is effective in cases where one party is owed money on an account. It is typically seen in an open account or other claim for goods including any claim for a liquidated money demand based upon written contract...
Implied Warranty of Habitability in Construction
Do I have a warranty on my new home build if the warranty is not in the contract? The implied warranty of habitability requires good and ethical performance by the contractor resulting in habitability in the residence. In construction, a plaintiff can recover on a...
Common Clauses in Commercial Leases
What is a commercial lease? Commercial leases are designed to clearly establish each party’s rights and responsibilities. Most commercial leases in Texas are proposed and drafted by the property owner. Because there is no standard format for a commercial lease, the...