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Recent Blog Posts

Types of Damages for Breach of Contract

 Posted on June 07, 2024 in Business and Commercial Law

TX business lawyerBusinesses and individuals alike rely on others to uphold their contracts every day. When another party you do business with materially breaches a contract, it can cause significant financial harm to your company. If a supplier breaches its contract, your business might not have the materials or supplies it needs to keep operating until the breach is remedied. If a client breaches a contract by failing to make scheduled payments for goods or services you have already provided, your business might be left without the funds it needs to pay expenses. There are several different types of damages you might be entitled to if another company or a client has failed to uphold the terms of its contract. A Hill County, TX breach of contract lawyer can help determine what rights you have in this situation.

Compensation and Remedies for a Material Breach of Contract 

There are a few different ways the party in breach of the contract can be ordered to remedy its failure to uphold its end of the bargain. Some involve paying financial compensation, while others involve more direct means of coming into compliance. Possible legal remedies include:

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Understanding Leaseback Agreements

 Posted on May 21, 2024 in Real Estate Law

TX real estate lawyerWhether you are planning to purchase residential or commercial real estate, there is a chance that the seller will request what is called a leaseback agreement. A leaseback agreement allows the seller to continue to occupy the property for a brief period of time after closing in exchange for paying rent to the buyer. There are many reasons sellers request these agreements. For example, the seller might find out that there will be a delay in when his new home or business location will be ready to move into, or the seller might have difficulty getting his belongings cleared out before closing. Although leaseback agreements are common, they are risky for the buyer. Always consult a Cleburne, TX real estate lawyer before agreeing to a leaseback.

The Risks of a Leaseback Agreement

When you enter into a leaseback agreement, you legally become the seller’s landlord as soon as you close on the property. Some of the risks involved include:

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What Happens When You Die With No Estate Plan?

 Posted on May 08, 2024 in Estate Planning and Administration

TX estate plan lawyerDying without an estate plan in place is called intestacy. This is a situation best avoided, as the consequences for your heirs can be problematic. With no will and no trust controlling your assets, you have no control over who inherits your property. When the decedent fails to decide within his lifetime who should inherit his property, the state of Texas steps in and decides for him. The goal of Texas’s intestacy laws is to approximate what the decedent probably would have wanted to happen to his property. However, the Texas legislature cannot consider anyone’s unique circumstances, family relationships, or personal goals and wishes. To prevent this unfortunate situation, you will need to work with a Cleburne, TX estate planning attorney to create a will, trust, or both.

How is an Intestate Estate Administered in Texas? 

Probate is the only option for administering an intestate estate. Most people who plan their estates are able to avoid probate entirely by using a trust or transfer on death instruments. Probate is a complicated and often time-consuming legal process overseen by a court. There may be significant taxes and court fees associated with probate that could diminish the size of your estate.

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Working With Current Tenants When You Buy Property

 Posted on April 21, 2024 in Real Estate Law

TX real estate lawyerFew landlords, especially those who own apartment buildings, can wait until all current tenants’ leases have expired before selling their property. If you are buying a property that has already been on the rental market for some time, there will probably be tenants living there when you close. You will be required to honor their leases. Unless you have just cause, you cannot remove the current residents until their leases expire. If the last landlord was a good property manager, taking over occupied units may simplify your job. Otherwise, you may face some challenges with difficult tenants. You should be represented by a Tarrant County, TX real estate attorney when you buy occupied property. 

Tips for Working With Current Tenants After Buying an Occupied Property 

Some tips for keeping the transition as smooth as possible include:

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Preventing Undue Influence Claims

 Posted on April 09, 2024 in Estate Planning and Administration

TX estate lawyerUndue influence is one of the more commonly used grounds for a will contest, as it is fairly easy to claim. It is not unusual for one beneficiary to spend more time around the testator than other beneficiaries. Normally, this is due to geographical proximity. An elderly person may have one adult son or daughter who lives locally while her other children are scattered around the country. The problem arises when the beneficiary who sees the testator more frequently is favored in the will. The other beneficiaries - or even someone who was omitted from the will - may claim that the person who spent more time alone with the testator exercised undue influence. If you are concerned that someone who will likely survive you may make such a claim, a Cleburne, TX will contest attorney can help you strategize to prevent this dispute from ever occurring.

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4 Essential Estate Planning Documents for Texas Residents

 Posted on March 28, 2024 in Estate Planning and Administration

TX estate planning lawyerEstate plans should contain multiple different documents. You need more than just a will, or just a trust to create a strong estate plan. Most people will need at least four or five different types of documents before they can consider their estate plans complete. Your estate plan can do much more than determine who keeps what piece of your property when you are no longer here to enjoy it. You can also help protect your assets for yourself later in life should you become incapacitated in your old age and make certain medical decisions for yourself in advance. A Cleburne, TX estate planning lawyer can help you determine which particular documents you need in your estate plan. 

Important Documents Every Estate Plan Should Include 

A few of the most essential estate planning documents you need include: 

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Normal vs. Unreasonable Buyer Demands in Tarrant County Real Estate

 Posted on March 12, 2024 in Real Estate Law

TX real estate lawyerReaching a deal in real estate negotiations can be a process. There is often a lot of back-and-forth communication between the buyer, the seller, and their respective real estate agents and attorneys. The process should not be rushed, even if you need to move quickly and would like to sell your house as soon as possible. A normal, if sometimes annoying, part of the process involves responding to the buyer’s requests for repairs before they will close. Often, these requests are reasonable or even necessary to bring the property up to code before the municipality will allow the sale to go through. Other times, buyers can become excessively demanding. If you are not sure whether what your buyer is asking is reasonable, your Cleburne, TX, real estate attorney can help you determine whether complying with the request makes sense for you.

Common and Normal Repair Requests Before Closing

Some of the more common requests buyers make before they will agree to a home purchase that is usually reasonable include:

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Avoiding Estate Litigation in Texas

 Posted on February 27, 2024 in Estate Planning and Administration

TX estate planning lawyerWhen you take the time to create an estate plan, you should have peace of mind knowing that your estate will be settled the way you want it to. However, a misstep during the estate planning process can leave your estate vulnerable to litigation during the administration phase. Experienced Tarrant County, TX, estate planning attorneys recommend taking certain steps to head off the possibility of litigation. Most will contests can be prevented by using a trust to dispose of most or all estate property. When a will is used, further steps can be taken to dispel accusations of fraud or to discourage disgruntled family members from challenging the will. If you are beginning the estate planning process or planning to update your estate plans, it is important to work with a well-qualified lawyer.

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Do Mineral Rights Come With Land I Buy?

 Posted on February 15, 2024 in Real Estate Law

TX real estate lawyerIf you are buying land in Texas, finding oil on the property can seem like a dream come true. Striking oil on land you own may feel like winning the lottery. Oil can be very valuable. Traditionally, when you buy a piece of land, you own that land all the way down to the core of the earth. However, there are legal ways that a seller of land can sever mineral rights from the right to occupy, use, and build on or near the surface of the land. If you are trying to buy land in Texas that you suspect may have an oil or other valuable mineral deposit, working with an experienced and knowledgeable Hood County, TX, natural resources and real estate attorney is essential. An attorney can ensure that the mineral rights will transfer with the property or protect you from buying a property you will not have the right to harvest natural resources from.

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What if You Find Out a Seller Lied in the Disclosure?

 Posted on January 25, 2024 in Real Estate Law

TX real estate lawyerBuying a home is often the biggest purchase you will ever make. Before signing the contract, make sure to carefully review the seller’s disclosure notice. This legally binding form requires sellers to reveal defects or facts that could influence the value. But what happens if you later discover the seller lied on this important document? If this happens to you, a Texas real estate lawyer might help.

Seeking Legal Help

If a seller intentionally hides or misrepresents known defects, they are violating Texas law. This is considered fraud and can invalidate the purchase contract. As the buyer, you have legal rights to seek financial compensation or end the sale altogether. An attorney can review your case details and disclosure paperwork to build the strongest legal argument.

You may be able to successfully sue dishonest sellers in civil court. The judge could award monetary damages to cover repairs, value loss, legal fees, temporary housing, and other costs directly related to the seller’s deception. In especially egregious cases, you may even be granted a full purchase price refund or ownership rights to the defective property while the seller takes back the home.

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