Straight from the Horse's Mouth!!
Posted by Mary Ann Lipsey
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Q: We signed a contract to purchase a house. When we finished the inspections, we amended the contract to provide that the seller perform certain repairs. During our walk-through on the day of closing, we discovered nothing had been repaired. The seller refused to delay the closing or perform the repairs. What is our next step?
A: This is a people-problem. You appear to have done everything right, but the seller is admittedly not complying with the terms of the contract. Assuming the repairs cost less than $10,000, and assuming you want to buy the house, you may want to consider closing. When the seller has closed and is getting ready to leave, serve him with a lawsuit. You can file one in Justice of the Peace Court without a lawyer, then serve him. Take lots of pictures of the failure to repair and get your Realtor on board as a witness, and your inspector.
The alternative is to refuse to close, then fight over the earnest money in the same court, with the same witnesses. If you do nothing and forfeit the earnest money, it will incentivize this seller to do it again. Some people have to learn the hard way.
Q: My homeowners association just voted to suspend enforcement of our deed restrictions and stop collecting dues. This was the only way we could maintain the subdivision and keep it looking nice. Do we have any alternatives?
A: If the restrictions allow for the collection of dues and restriction enforcement, they are required to go through a procedure set out in the Property Code to amend them. If they didn't follow the proper procedure, you can sue for injunctive relief. Another alternative is to vote the members out at your next meeting. We've recently heard of a subdivision that requested stopping spraying for mosquitoes. Any time you get a group of people together, unusual results can occur. Then it gets political. Good luck going forward.
To send us a question visit www.AskGeorge.net and select the "Ask A Question" button. Our answers to questions do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.George Stephens is the broker of Stephens Properties. Charles J. Jacobus, J.D. is Board Certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law.
A: This is a people-problem. You appear to have done everything right, but the seller is admittedly not complying with the terms of the contract. Assuming the repairs cost less than $10,000, and assuming you want to buy the house, you may want to consider closing. When the seller has closed and is getting ready to leave, serve him with a lawsuit. You can file one in Justice of the Peace Court without a lawyer, then serve him. Take lots of pictures of the failure to repair and get your Realtor on board as a witness, and your inspector.
The alternative is to refuse to close, then fight over the earnest money in the same court, with the same witnesses. If you do nothing and forfeit the earnest money, it will incentivize this seller to do it again. Some people have to learn the hard way.
Q: My homeowners association just voted to suspend enforcement of our deed restrictions and stop collecting dues. This was the only way we could maintain the subdivision and keep it looking nice. Do we have any alternatives?
A: If the restrictions allow for the collection of dues and restriction enforcement, they are required to go through a procedure set out in the Property Code to amend them. If they didn't follow the proper procedure, you can sue for injunctive relief. Another alternative is to vote the members out at your next meeting. We've recently heard of a subdivision that requested stopping spraying for mosquitoes. Any time you get a group of people together, unusual results can occur. Then it gets political. Good luck going forward.
To send us a question visit www.AskGeorge.net and select the "Ask A Question" button. Our answers to questions do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.George Stephens is the broker of Stephens Properties. Charles J. Jacobus, J.D. is Board Certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law.
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Disclaimer: The views and opinions expressed in this blog are those of the author and do not necessarily reflect the official policy or position of the HRIS.
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