~3 yrs ago we purchased an older home. Although we had an inspection, we've had many problems with foundation and cracking. There is no disclosure in our documents and the Title Company also does not have one. Isn't this illegal? Shouldn't ou...
Texas Property Code §5.008 requires a Seller's Disclosure Statement, but allows that some sellers need not provide one at all. For instance, if a home is being sold by an estate, the estate representative need not provide a Seller's Dislosure form. Likewise, trustees need not complete the form. Here is a link to the form: http://www.trec.state.tx.us/forms.
The usual remedy for a seller's failure to give a required Seller’s Disclosure, is terminatation of the contract." It sound slike you're about 3 years past that option. However, if the failure to give the notice is coupled with fraud or failure to disclose defects, then other penalties may arise pursuant to the Texas Deceptive Trade Practices Act and/or the Texas Statutory Fraud Act.
Ask your agent or broker if you were provided with a Seller's Disclosure form. If not, hopefully they can help you get it (if it ever existed).
See a lawyer ASAP. Legal deadlines are running. Generally a 2 year statute of limitations applies to DTPA actions, and a 4 year statute applies in fraud and breach of contract actions. Note that exceptions to the general rule of limitations may exist when there is a late discovery or a fraudulent concealment.
Lawyers considering handling your case on a contingent fee will likely want to know the extent of the damage. Get estimates for the cost of repairs. Ideally, estimates will come from licensed structural engineers that can give you opnions about the age of the condition(s) and whether there were old repairs.
Don't delay any longer.See question
It seems his female could not be registered because her breeder was in question from AKC. He only found this out recently when he tried to register her. Which he should of done before he even breed his female. His only offered compensation ...
Maybe. Texas law says a dog is only worth it's fair market value. But if there is a DTPA violation, the damages could include the purchase price and mental anguish, and treble damages (3X) plus attorney's fees.
That said, can a judgment be collected against this nefarious rapscallion?See question
In personal Injury mediation after lawsuit was file. When continence agreement was reach and sign by all parties but in condition". This agreement is contingent upon Plaintiff's successful resolution of the medical and/or insurance liens or claim...
These questions must be answered by your lawyer. An agreement signed by the lawyers only is enough to be enforceable by the judge, if the agreement was properly drafted.See question
Driving down the street, got caught in a storm. Car towed engine locked. This happened in August .
The Texas Insurance Code actuallty has some teeth, provided that the claim is being made by its insured...
Generally, a Texas insurer has fifteen (15) actual days after receiving written notice of a claim to: (1) acknowledge receipt of the claim; (2) begin an investigation of the claim; and (3) request all documentation from the policyholder necessary to secure final proof of loss. TEX. INS. CODE § 542.055.
The insurer must then notify the insured in writing whether it accepts or rejects the claim within 15 business days of the receipt of all necessary information required to investigate the claim. If the insurer rejects the claim, the written notice must state the “reasons for the rejection.” However, if for any reason the insurer is unable to accept or reject the claim within 15 days after receiving the documentation, the insurer is entitled to explain to the insured why it is not able to do so in that period in writing and it then it has 45 days to accept or reject the claim. TEX. INS. CODE § 542.056.
If an insurer notifies a policyholder that it will pay a claim (or a portion of the claim), the claim must be paid within five (5) business days. (If the insurer is an eligible surplus lines insurer, the insurer must pay the claim not later than the 20th business day after the date of notice of payment by the insurer or the date of performance by the insured.) If payment is conditioned on some action by the policyholder, the insurer must pay within five (5) business days of the policyholder’s performance of the required action. TEX. INS. CODE § 542.057. The statute is silent as to the types of action that may be required of a policyholder.
If an insurer delays payment of a claim for more than sixty (60) days after receiving all required information pursuant to Section 542.055, it is liable for penalties under the statute. TEX. INS. CODE § 542.058. An insurer who delays payment past this deadline must pay, in addition to the claim, a penalty of eighteen (18) percent per annum of the amount of the claim plus attorney’s fees.See question
I paid for the funeral expenses out of the life insurance policy. I am the beneficiary of the life insurance policy. The will states that all expenses will be paid out of the residuary estate. There was not enough liquid cash on hand to pay for...
You must be represented as an executor. Ask your lawyer. Generally the answer would be "yes," but how and when should be answered by your lawyer.See question
I am the executor over the estate.
As an executor you must have a lawyer. it is required. Ask your lawyer. The will may have express provisions concerning payment.See question
Prosecutor present the information that you have been arrested before for a dwi at trail?
It shouldn't but crazy things happen in trial. And appeals are expensive.
Talk about to your lawyer about it.See question
I know the bar that served her the drinks.. she was over twice the legal limit. I need an attorney to help sue the bar for punitive damages. I have had knee surgery already, and still need spine surgery. I have three ruptured discs and nerve co...
You may have a "dramshop" claim against the bar. These are very difficult cases. Until 1987, no such claim could even get to a jury in Texas. Now, the Texas Alcoholic Beverage Code provides the exclusive cause of action against a provider of alcoholic beverages if they serve an obviously intoxicated person that causes injuries. Note that providers have a statutory "Safe Harbor" defense if they can show that they:
-Require employee training at a TABC approved training course
-Confirm that employees have attended training and are re-certified as required
-Maintain documentation of training of each employee who serves alcohol
-Maintain written policies against the over-service of alcohol
-Develop procedures intended to prevent such over-service from occurring
-Ensure compliance with their written policies and procedures
-Discipline employees who violate the policies
While many Texas bars and restaurants have general liability insurance, many lack liquor liability insurance coverage. A claimant will not likely find out about insurance coverage without the assistance of a good personal injury lawyer.
Your chances of success increase markedly with a good personal injury lawyer. D-I-Y is a mistake - a big mistake. Lawyer up!
Look here on Avvo for a personal injury trial lawyer, on look at tbls.org to search for a board-certfiied personal injury trial lawyer.See question
i have two siblings
Maybe. Many facts must be considered. Did she have a spouse? Did she leave a will? What kind(s) of property? Consult with a probate lawyer To determine and evaluate your options.See question
If I pay my health ins. company for $ 80K as a subrogation, I need them to sign the lien waiver for me, is that correct?
Your lawyer might be able to negotiate a reduction or even a waiver of the subrogation claim. Ask your lawyer!
Don't just pay a demand. Ask your lawyer!See question