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Recent Blog Posts
How Does a Court Interpret a Contract?
There are times when two parties to a contract each think that it says something different. They could up taking this business dispute to court, when one or both parties file their own lawsuits. Then, the court is called up to decide exactly what the contract says. There is a hierarchy of contract interpretation that comes from common law, and courts have used it for some time.
The Plain Language of the Contract Controls
The court will first analyze the exact language of the contract, giving meaning to the clear words of the document. The inquiry will begin within the “four corners” of the document. If the language of the contract is clear, the court needs to go no further, and it will decide the case. It is only when there is some ambiguity in the language that the court will then need to go further.
In general, courts do not like to read contracts in a way that would yield patently absurd interpretations. The court tries to read the contractual language reasonably.
Navigating the Stages of a Real Estate Transaction in Texas
In Texas, real estate deals go through several stages. Sellers and buyers need to know these stages to understand the process and feel confident while navigating the real estate market. We will examine the four primary phases of a Texas real estate deal.
Pre-Contract Stage
Preparation is key before a contract is signed in a real estate transaction. For sellers, this stage involves hiring a licensed real estate agent. The agent will complete a comparative market analysis to assess the property's value. Next, they will develop a detailed property listing. On the flip side, buyers generally cooperate with a realtor and may additionally have to secure financing from a lender.
Contract to Closing Stage
The next step involves the buyer’s agent presenting a written offer for the property. There may be counteroffers and negotiations, but once an agreement is reached, both parties sign the official sales contract. The buyer must provide earnest money funds submitted to the title company along with the contract. The title company orders a survey, reviews the title commitment for any problems, and provides the buyer and lender with the title commitment.
Addressing Contested Estates Caused by Undue Influence
When a loved one passes away, the last thing you want to deal with is a contested estate. Unfortunately, these disputes can arise for many reasons, including when there are allegations of undue influence. Undue influence occurs when someone uses their position of power or trust to manipulate the testato–the person making the wil–into making decisions that do not reflect their true wishes. Undue influence can be a significant factor in contested estates and a major source of contention. If you believe undue influence was a factor when your loved one made their will, contact an estate planning attorney to learn about your options.
What You Need to Know About Undue Influence
Undue influence can take various forms. For example, a caregiver responsible for an older person’s daily care may use their position to influence the person’s decisions about their estate. They may encourage the person to leave them a larger share of the estate than other family members. Other examples of undue influence include threats or coercion, lies or deception, or taking advantage of a person’s mental or physical weakness.
What Happens If You Die Without a Will In Texas?
Planning for the future is an essential aspect of caring for your family members and other loved ones, and this includes writing a will. Your will describes how your possessions are distributed to beneficiaries and serves as a notice of your final wishes. In this blog, we will discuss what happens if an individual passes away without a will, known as dying intestate. Texas law specifically describes how assets are distributed in the event that a person passes away before he or she creates a will. Read on to learn more.
Distribution Of Assets If a Person Dies Intestate
If you do not create a last will and testament, you give up the right to decide how your property is distributed to family members upon your death. Instead, state laws dictate how assets will be distributed. Your relationship with surviving family members largely determines intestate succession in Texas.
Advantages of a Revocable Living Trust
Estate planning is a crucial responsibility that many people put off as long as possible. While it is understandable that many would procrastinate this complicated and, at times, emotional process, having an estate plan is crucial. Whether you are in your 20s or in your 80s, it is important to have a plan in place for how you are assets should be managed during your life and distributed after your death.
Failing to create an estate plan means that your assets will be distributed according to Illinois intestacy laws. By not creating an estate plan, you essentially give up your right to have a say in how your possessions are distributed to heirs.
A last will and testament is the foundation of most estate plans, but it is not your only option. A revocable living trust offers significant advantages and can be a useful option for some individuals.
Common Mistakes During the Closing Process That Derail a New Home Purchase
Few life events are as exciting as purchasing a new home. Whether this will be your first time as a homeowner, or you are upgrading to a new residence, staying grounded is crucial. Mistakes and oversights during the home-buying process can lead to nasty surprises during closing.
Celebrating Your New Home with Expensive Purchases Before Closing
One of the first things people want to do once they have purchased a new home is buy appliances, decorations, or other items for the home. While this is certainly understandable, making large purchases before the deal is closed can result in heartbreak. Large purchases affect your debt profile, increasing the risk of being denied your mortgage loan. You may have been approved for a mortgage before the purchases, but now that circumstances have changed, the lender could back out.
Opening a new line of credit before the purchases are finalized can have the same devastating impact on your ability to secure a mortgage and acquire the home you have your eyes set on. It is best to wait until closing is complete before opening any new lines of credit or making any large purchases.
Protecting Your Company’s Future with a Strong Employee Handbook
Creating a detailed employee handbook is one of the best things an employer can do to communicate work expectations, formalize policies and procedures, foster a positive company culture, and reduce the risk of litigation. Unfortunately, many companies neglect this crucial responsibility or rely on an employee handbook that is outdated, vague, or unenforceable.
In this blog, we will discuss some of the most important elements to include in your employee handbook. For personalized advice catered to your company’s specific needs, work with a San Antonio business law attorney familiar with employment concerns.
Anti-Harassment and Anti-Discrimination Policies
Discrimination, sexual harassment, and related issues have never been more pressing than they are now. A lawsuit against your company alleging discrimination or harassment has the potential to completely derail your business’s success, harming your company’s reputation permanently. Your employee handbook must clearly state your company's policy regarding harassment and discrimination, including how an employee should report harassment or discrimination.
Five Tips for Discussing Your Estate Plans with Your Loved Ones
Creating a will, trust, and other estate planning documents is a crucial responsibility that many people procrastinate as long as possible. This hesitancy is understandable. After all, it is very uncomfortable to consider your own death.
However, estate planning is important for every adult, regardless of age, health, or income level, and discussing your estate plans with your loved ones is an essential part of the estate planning process. It is important for key individuals to understand their roles in end-of-life decision-making and for beneficiaries to know what to expect in terms of inheritance.
Discussing your estate plans ahead of time can give you valuable peace of mind and help reduce the chances of a will contest or other legal disputes upon your death. As you prepare to have “the talk” with your friends and family, consider the following tips.
Choose the Right Time and Place
Legal Issues Facing Car Dealerships in San Antonio
Owning and operating an automotive dealership comes with its fair share of complexities and challenges. Dealerships may find themselves in legal disputes with customers, vendors, and other parties. They must comply with local, state, and federal laws and regulations - and even a simple oversight can lead to significant penalties for non-compliance.
If you currently own a dealership or plan too soon, understanding your legal responsibilities is crucial. Consider working with a business law attorney who understands the unique intricacies involved in this type of business and can help steer you in the right direction. In this blog, we will discuss just some of the many laws and regulations you need to be aware of as a car dealership owner.
Used Car Buyer’s Guide
The Federal Trade Commission Buyers Guide law requires certain information to be prominently displayed in a used car that is for sale. You'll need to clearly state whether the vehicle comes with a warranty, and if so, what the warranty covers and for how long. You must also include the vehicle make, model, and year, as well as the vin number. Failure to comply with FTC regulations can lead to costly civil penalties.
Potential Advantages and Disadvantages of a For Sale by Owner Transaction
When preparing to sell your home, there are seemingly countless decisions to make. One of the most crucial decisions involved with a sale is whether you will work with a real estate agent or sell your home on your own. If you are the type of person who likes to take matters into your own hands and you are looking to reduce expenses, you may be interested in a “for sale by owner” (FSBO) transaction. However, it is important to be aware of the advantages and potential disadvantages of an FSBO sale.
Why Would Someone Want an FSBO Sale?
The main reason that homeowners look into FSBO sales is that they want to avoid paying a commission fee to the listing agent. Depending on your home's value, a commission fee can represent a significant financial loss. Selling your home on your own avoids this expense.
Another reason people may want to sell their home without the assistance of a real estate agent is to streamline the process and complete the sale more quickly. According to one study, just under 80 percent of FSBO homes sold within two weeks. FSBO is also a popular option for selling a home to a family member, friend, or someone the seller already knows.
14603 Huebner Rd., Bldg. 32, San Antonio, TX 78230
210-535-0870
