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? 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...
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...
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...
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...
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...
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...
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...
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...
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...
