TREC’s Basic Consumer Guide for Buyers/Sellers of Texas Real Estate

texas real estate commission guideThe Texas Real Estate Commission makes available a rudimentary guide for consumers interested in buying or selling real estate.

It includes information on dealing with qualified real estate professionals, a consumer checklist, material about choosing a broker or salesperson, dispute resolution information, and contains references to additional resources.

The guide can be found here.

Our Tips & Resources posts are intended to provide general educational information. Like all other material on this blog, it is not a substitute for legal advice.

Sixth Anniversary

Six years ago our daughter Sofia was born, and I opened my law firm. Both events were positively and unmistakably transformative. It’s with great pride that I’ve watched them both grow.

Inspired by our fifth anniversary, last year we aspired to increasing our rendition of free legal services to those who meet federal poverty guidelines. On behalf of one such client, we tried a property damage/constructive eviction case to jury verdict this year. Results vary case by case, but our firm (and our client) were happy with the outcome in this particular case. I’m happy to report that we met our goal of increased pro bono work and strive to do even more this upcoming year.

We have some other exciting changes planned for the year ahead, too.

I believe that those who are called to work in the law are called to serve a purpose higher than themselves. On behalf of all Americans, we are charged with the vital responsibility of pursuing “liberty and justice for all.” I personally believe this duty will be more successfully discharged through, and in conjunction with, the exercise of other virtues, such as prudence, courage, fortitude, and temperance. These are ideals to which I aim, the cornerstones of my law practice, and some the values I try to instill in our children.

Land Surveying in Three Sentences

The Board of Professional Land Surveying is charged with licensing, regulating, and disciplining land surveyors in the state of Texas.texas land surveyor land surveying

Professional surveying includes any work involving the application of “special knowledge of the principles of geodesy, mathematics, related applied and physical sciences, and relevant laws to the measurement or location of sites, points, lines, angles, elevations, natural features, and existing man-made works in the air, on the earth’s surface, within underground workings, and on the beds of bodies of water to determine areas and volumes for: (i) locating real property boundaries; (ii) platting and laying out land and subdivisions of land; or (iii) preparing and perpetuating maps, record plats, field note records, easements, and real property descriptions that represent those surveys.”

According to the Bureau of Labor Statistics, perhaps unsurprisingly, the industries that employ the most land surveyors are architectural and engineering, government, and construction.

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.

The Texas Residential Construction Liability Act in Three Sentences

texas residential construction liability

Chapter 27 of the Texas Property Code is the Texas Residential Construction Liability Act.

The RCLA applies to any action by a homeowner (and subsequent purchaser of a residence) against a contractor arising from a construction defect, except for claims of personal injury, survival, wrongful death, or damage to goods.

The RCLA imposes pre-lawsuit notice, inspection, and settlement procedures, limits contractors’ liability and damages in defined circumstances, and establishes legal-fee shifting for frivolous claims, among other things.

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.

Payment Bonds v. Performance Bonds

texas construction law payment bond performance bondSome construction projects must be bonded. This requirement may be imposed by contract, statute, or both.

A surety issues a payment bond to guarantee that people furnishing labor and materials on the project are paid for their work. Accordingly, payment bonds primarily benefit contractors.

A surety issues a performance bond to guarantee that the project will be completed in accordance with contract requirements. Consequently, performance bonds primarily benefit project owners.

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.

Mold Regulations for Texas Properties in Three Sentences

texas mold law regulationsTitle 25, Part 1, Chapter 295, Subchapter J of the Texas Administrative Code sets forth rules for assessing and remedying mold in Texas properties.

This subchapter delineates the qualifications for, and licensure of, mold-related professionals, provides a framework of mold assessment, remediation, and post-remediation standards and protocols, and contains penalties for non-compliance.

The recovery of damages for personal injury caused by mold is not addressed by these regulations, but is addressed by other law.

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.