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...
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...
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...
Did an entity or individual agree to hire you for a job but later then refused to pay for the services provided? If yes, you may have a breach of contract claim and be able to bring a suit on a sworn account. What is a suit on a sworn account? A suit on a sworn...
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...
When banks or lenders provide business loans, they will often require a debtor to permit the filing of a UCC Financing Statement or a “fixture filing” to secure the loan against equipment or fixtures. The Weaver Law Firm provides legal opinions in transactions between...
Has your company or partner failed or refused to comply with your requests for access to inspect the Company’s books and records? Are you trying to obtain internal records from your LLC or Corporation? Partnership and Shareholder disputes are common. Is your business...
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...
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...
On October 19, 2020, (as the result of Tyler Ford’s complaint) TREC issued administrative orders against Hector de los Santos and Bryan Gene Schild. TREC suspended de los Santos’ license for one year and Schild’s license for six months. TREC ordered Hector de los...
