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Recent Blog Posts
How Can a Limited General Counsel Benefit My Car Dealership?
Large corporations often hire chief legal officers, also known as general counsels, to manage the legal aspects of their business. The job of a general counsel is to serve the needs of the company, from reviewing contracts to litigation. It is a full-time job that usually comes with a six-figure salary, which is why general counsels are most often found in Fortune 1000 corporations or businesses with large operations.
For smaller companies, however, a general counsel is usually not in the budget. That is why small and medium businesses, such as car dealerships, opt to hire limited general counsels. A limited general counsel is a great way to stay within budget while making sure the dealership has the legal service and protection it needs. Not all attorneys are equipped to serve as limited general counsel, however, so speak with a Texas business law attorney who can fill that role.
What Are the Pros and Cons of a Strategic Default?
Owning a home can be a great investment in the right circumstances. In some cases, however, it can be a financial burden. This is especially true in economic downturns and recessions like the one in 2008. When real estate markets are adversely affected, the value of property drops. When that happens, homeowners may choose to exercise an option called a strategic default.
A strategic default is a bold course of action that has extreme advantages and disadvantages, both of which this article will explore. Be sure to consult a Texas real estate attorney for more details or questions about strategic defaults.
What Is a Strategic Default?
A strategic default is when a homeowner stops making mortgage payments and relinquishes the home to the bank. It is colloquially referred to as "jingle mail" because it is as if the owner is mailing the bank the house keys.
Can I Sue a Realtor for Not Disclosing a Buyer’s Identity?
A homeowner who recently sold a Miami mansion for $79 million is suing the realtor for failing to disclose that the buyer was billionaire Jeff Bezos. The owner had originally listed the price at $85 million and said he would not have slashed $6 million off the asking price had he known that the Amazon founder was writing the check.
It is common for billionaires, politicians, and celebrities to use trusts and other legal tools to maintain privacy when purchasing real estate. But is it legal to hide this information from the seller? Can a property owner in Texas take legal action if the identity of the buyer is not disclosed?
This article will explore the answers to those questions, as well as how to contact a Texas real estate attorney for more details.
What Are the Responsibilities of a Realtor?
To understand whether a realtor must disclose the identity of the buyer, it is important to first understand the responsibilities of a real estate agent. They are regulated by the Texas Real Estate License Act and enforced by the Texas Real Estate Commission.
Which Power of Attorney Is Used for Real Estate Transactions?
Real estate transactions typically involve a lot of paperwork, time, and attention to detail. This can be cumbersome for the parties involved, especially if they are unable to be present. A buyer, for example, may be trying to purchase an estate overseas, or a seller may be involved in multiple real estate transactions at the same time.
In such cases, it is relatively common for either party to use a power of attorney. This means that the buyer or seller authorizes someone else — called an "agent" — to act on his or her behalf. This might allow the agent to make decisions and sign papers for the party, referred to as the "principal."
However, there are several types of power of attorney, and not all of them may be appropriate to use in a real estate transaction. The best way to determine which power of attorney you should use is to consult a Texas estate planning lawyer who can advise you. In this article, we will explore each kind of power of attorney so you can get a preliminary understanding of which might be the best fit.
Making an Estate Plan for the First Time
If you have never thought much about estate planning, you are not alone. Many people put off creating an estate plan because they believe it is something only the wealthy need or that it can wait until later in life. However, an estate plan is important for everyone, regardless of the size of their assets.
An estate plan is a set of legal documents that give very specific details about how your belongings will be distributed after you pass away and who will make decisions for you if you cannot. For first-time planners, the process might seem overwhelming, but an experienced Texas estate planning attorney can guide you through each step, ensuring that your plan reflects your wishes and provides security for your loved ones.
What Does a Typical Estate Plan Include?
For people with uncomplicated estates, especially those in the upper middle class, a typical estate plan includes several important documents:
How to Choose the Right Business Structure for Your Car Dealership
Starting a car dealership in Texas is an exciting venture, but choosing the right business structure is vital for your long-term success. This decision affects your taxes, liability, and daily operations. A Texas business lawyer can help you understand the main options and help you make an informed choice.
Potential Business Structure Options
The most common business structures for car dealerships in Texas are:
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Sole Proprietorship: While easy to set up, advisors generally discourage the use of a sole proprietorship for businesses with significant liabilities, such as a car dealership, because it lacks personal liability protection.
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Partnership: General partnerships, like sole proprietorships, offer no personal liability protection, meaning partners’ personal assets can be at risk. Limited partnerships provide liability protection to limited partners but not to general partners, who remain fully liable.
What to Do When Your Tenant Will Not Leave When You Evict Them
As a landlord in Texas, dealing with a tenant who refuses to leave after receiving an eviction notice can be frustrating. However, there are legal steps you can take to regain possession of your property. A Texas lawyer can help guide you through the process and provide insights on handling this challenging situation.
The Eviction Process
Before taking action, make sure you have followed the proper eviction procedures. The process begins with serving a valid written notice to vacate to your tenant. If the tenant does not comply, you must file an eviction lawsuit. You must attend the eviction hearing and obtain a judgment in your favor. Should the tenant still refuse to leave after the judgment, you can request a Writ of Possession. This document authorizes law enforcement to remove the tenant from your property. You can proceed with further action only after you have completed these steps and the tenant remains on the property.
Legal Solutions for Avoiding Residential Construction Delays
Construction projects are often challenging endeavors that require careful planning and execution. Despite best efforts, delays can occur, increasing costs and potential legal disputes. A Texas real estate lawyer can help explore effective legal strategies to minimize the risk of construction delays and protect your interests.
First, You Should Understand the Root Causes of Delays
Before diving into solutions, it is vital to identify common causes of construction delays. These often include inadequate planning and scheduling, poor communication between stakeholders, unforeseen site conditions, weather-related issues, labor shortages or disputes, material supply chain disruptions, and permit and regulatory compliance issues. By recognizing these potential setbacks, you can proactively address them before they escalate into significant problems.
Do I Need a Lawyer for My Texas FSBO Transaction?
For sale by owner (FSBO) transactions are popular in Texas where the law does not state that you need a real estate agent to handle the selling of your home. There are several benefits to an FSBO transaction when you sell your home, though it is important to have the legal guidance of a skilled Texas FSBO real estate attorney to protect your interests throughout this process.
How FSBO Can Benefit You
Deciding to sell your property is a big decision, and you may want to choose an FSBO transaction for many reasons. There are two main benefits to an FSBO transaction, however, and the primary benefit is that you save money on real estate agent fees and commissions. You will still need to pay the buyer’s agent commission, but in cases where you are selling a home directly to a family member, you may not even need to pay this.
Additionally, an FSBO transaction can give you complete control over the selling process. This is beneficial if you know exactly what you want out of selling your home, you are interested in marketing your home yourself, and you know the exact type of offer that you want to receive.
What to Know about Advanced Medical Directives
Advanced medical directives are part of a comprehensive estate plan. These legal documents are important in ensuring you receive the care you want and need should you be unconscious or terminally ill. Ensuring you have advanced medical directives in place helps you prepare for the future and can give you peace of mind that your care wishes will be followed.
An experienced Texas advanced medical directives lawyer can further answer your questions about advanced directives.
What Is an Advanced Medical Directive?
An advanced medical directive is a document that outlines your wishes and expectations for end-of-life care, care in the case you are unconscious or incapacitated, or your wishes should you be terminally ill. These legal documents typically only apply when you are not able to speak or otherwise convey your choices to a doctor, family member, or loved one, and they help those around you make the correct choices for the type of medical care you receive.
14603 Huebner Rd., Bldg. 32, San Antonio, TX 78230
210-535-0870
