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...
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Houston Legal Blog
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...
Fraudulent and Forged Deeds
How do you know if your deed is valid? Determining whether your deed is void or voidable is a must at the time of the conveyance of the property. A void deed would not convey any rights to ownership and would not have any legal implications or obligations. If a deed...
What is a wraparound mortgage?
When a buyer would like to purchase a home but needs assistance with financing, one option may be to use a wraparound mortgage. A wraparound mortgage is a type of secondary financing that is used to “wrap” a new mortgage loan around the seller’s original loan. In this...
Types of Deeds
What is a deed? A deed is a document that conveys a transfer of ownership of property from one person to another. There are several types of deeds to choose from when transferring ownership. A general warranty deed is the most common type of deed used for transfer of...
Title Insurance
Purchasing property can be risky. A newly purchased property can have many issues, such as unpaid tax liens, an ownership dispute and title issues, just to name a few. What does title insurance do? Title insurance companies play a vital role in protecting buyers from...
Requirements of a Mechanic’s Lien
Material suppliers and laborers play a huge role in property construction. Often, these laborers complete their work on time and do not get paid. What can a labor or material provider do to collect? Construction attorneys often start by drafting a demand letter....
Joint Ownership in Texas
In Texas, there is often more than one owner to real estate. This is commonly seen in cases of partitioning, when one property owner desires to force other co-owners to sell the property or divide it. Two of the most common forms of joint ownership of property in...