Buying a house should be one of the most exciting times in a family’s life, but it’s fraught with opportunities to be taken advantage of. If you’re planning to buy new construction, it’s important to realize that although your home looks shiny and perfect, there can be big issues hiding under the surface. If you suddenly realize that your new home isn’t everything you thought it was, it’s important to enlist the services of a construction defect law expert like Rachel Khirallah right away. To avoid this situation, however, it’s best to know what common construction defects to look for before you buy. Five Common Types of Building Defects 1 – Facade Leaks Unique, modern facades are often made up of complex curtain wall systems that are comprised of dozens of smaller features. All it takes is for one of these components to fail because of improper sizing or installation, and you’ve got a big problem on your hands. Alarmingly, facade leaks are often difficult to detect when they are in their early stages. If you have discovered a facade leak, you need to take corrective action right away — it is very likely that there are even worse problems hidden under the surface.  2 – Window Leaks The most common reason for window leaks is faulty installation, but if it’s an oddly-sized or very detailed window, fixing it could be very complicated. In addition, fixing a window-related building defect can be expensive. If you have discovered problems with your property’s windows, you should consult with an expert. 3 – Wood Floor Problems Hardwood floors are one of the most sought-after features in both new and existing homes, but most homeowners fail to realize that it both expands and contracts over time. All that it takes is a hasty contractor who puts the floor down in humid conditions to create a problem that could absolutely ruin the look of your home. 4 – Fire-Stopping Deficiencies In order to make homes as safe as possible, they’re required to have certain firestopping features that prevent a blaze from spreading through floors and walls. If a subsequent inspection reveals that these features are lacking or inadequate, it leaves your family at risk and could affect your homeowner’s insurance. A property owner may be required to put a considerable amount of money into repairing or remodelling their home to fix a serious fire-stopping deficiency. 5 – Ventilation Problems Proper ventilation and exhaust features are absolutely necessary in any home, but especially in multi-family dwellings like apartment buildings. Without them, the entire property is at risk for heating and cooling issues, as well as undesirable odors. Similar to other common construction defects, property owners often only recognize ventilation problems when there is already a serious issue under the surface. What to Do if You Have Discovered a Building Defect If you have discovered any type of building or construction defect, it is imperative that you take action to protect your legal rights. The biggest mistake that you can make is to simply ignore the issue. The problem is not going to go away on its own. The good news is that buyers may have legal options and legal remedies available. Depending on the nature of your case, it is possible that you could hold the seller, a real estate professional, or a contractor/subcontractor legally liable for building defects that are caused by: Poor design; The use of substandard materials; or Poor craftsmanship/negligent construction. Further, if the building defect was known by the seller, they have a legal duty to disclose the problem. Even if you did not ask about the problem directly, that does not eliminate the seller’s legal obligation to disclose material information. After you have noticed a problem, your first step should be to identify exactly what type of building defect you are dealing with. Next, property owners need to determine who can be held accountable for the construction defect. An experienced real estate lawyer will be able to help you determine how you can prove the building defect in court. Finally, as in other civil legal cases, plaintiffs must demonstrate damages. You must show exactly how much damage the building defect has caused you and how much more damage, if any, it is likely to cause in the future. In some cases, construction defects can be fully repaired. However, it is also possible that a construction defect may cause permanent damage to the market value of your property. Contact Our Dallas, TX Real Estate Litigation Attorney Today Ar Khirallah PLLC, our Dallas real estate litigation lawyer has extensive experience handling building defect cases. If you’ve recently purchased a property and think that you’ve discovered one of these defects, it’s important to contact an attorney who is trained in construction defect law. To schedule a free, fully confidential initial consultation, please contact our law firm today. Our construction defect lawyer will conduct a comprehensive review of your case and help to determine what steps you need to take to protect your legal rights and financial interests.

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  • September 04, 2020
  • Category: FAQ

No one ever anticipates the need for a real estate lawyer, but life can be unpredictable, especially when buying, selling, and leasing property. If you’ve found out that there were hidden problems with a property you recently purchased in Dallas, if you’re having issues with your mortgage broker or lender, or if you’re stuck in an ongoing dispute with a renter, then it might be time to consider legal representation from an experienced Texas real estate lawyer. Here are some interview questions that can be used to ensure that you hire an attorney that will provide honest, reliable assistance. Five Important Questions to Ask a Real Estate Attorney 1. How Old Is Your Practice? Becoming a lawyer requires a lot of schooling and the ability to pass the bar exam, so all practicing attorneys should be qualified to handle your case, right? Not necessarily. Unless you ask how long they’ve been practicing real estate law, how will you be able to tell whether or not they’re a seasoned veteran or fresh out of law school? Keep in mind that not all legal services require 20 years of experience, but it’s always good to know what you’re working with. 2. Do You Have Experience Handling Similar Cases? Beyond finding a Dallas real estate attorney who has extensive experience handling real estate law, it is ideal to find a lawyer who has taken on cases that are similar to your own. For example, if you are facing wrongful foreclosure in Texas, you should look to find a legal representative who has deep experience working on the side of borrowers who have been mistreated by their mortgage servicing company. Likewise, if you are involved in a construction defect case, you will want a lawyer who has handled those types of legal claims. The more relevant experience a real estate attorney has, the more likely they will be able to offer you effective guidance. 3. Who Else Will Be Working on My Case? When hiring a real estate attorney, you will want to be sure to understand exactly what type of service you are receiving. A good question to ask is “who else will be working on my case?” In many cases, this will include a paralegal or another type of legal support staff member. In addition, you should find out if the attorney you are speaking with will actually be doing the lion’s share of the legal work. One of the major advantages of choosing a small, boutique law firm is that you can work closely with your attorney. In real estate law cases, it is crucial that clients have an open and honest relationship with their lawyer. 4. How Would You Handle My Case? It’s reassuring when an attorney feels confident that your case can be resolved with a favorable outcome. But it’s not enough just to tell you that they can, they should also be able to tell you how. A great real estate attorney will be able to explain exactly how they plan to take action to protect your rights and interests. Before hiring anyone for legal services, ask for an expected timeline of what will happen when, so you have a good idea of what to expect. Further, your real estate attorney should be able to explain why their selected approach is the best strategy for your objectives and goals. You should never be left in the dark about what is happening in your case. 5. How Will The Fee Be Handled? As we’ve mentioned in previous blog posts, hiring a real estate attorney can be costly, but it’s important to think of this as an investment rather than an expense. Still, to make an informed decision, you should have a basic idea of how your attorney’s services will be billed and how much it will cost to handle your claim. Always remember to be upfront with your attorney about your budget and be sure that you’re clear on what their expectations will be for payment. Dealing with a real estate dispute is stressful enough; you do not need any other financial surprises. Get Help From Our Dallas Real Estate Attorney Today At Khirallah PLLC, our Dallas real estate law attorney has the skills and experience needed to represent buyers, sellers, lenders, brokers, agents, and property owners. Are you searching for a reliable real estate lawyer in the Dallas area? Rachel E. Khirallah is standing by, ready to help. We encourage you to contact our law firm for a free, fully confidential initial consultation. Our real estate lawyer is ready to help you get answers to all of your most pressing questions. With an office in Dallas, we serve communities throughout North Texas.

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  • September 04, 2020
  • Category: FAQ

Facing an eviction is confusing, overwhelming, and deeply stressful. If you and your family are facing an eviction, you are certainly not alone. According to an estimate published by National Public Radio (NPR), 2.3 million eviction proceedings are filed in the United States each and every year. The rules and procedures for evictions vary from state to state. Unfortunately for tenants, Texas is one of the most landlord-friendly states in the entire country. Still, you can fight an eviction in Texas. Rachel E. Khirallah is an experienced Texas eviction defense lawyer. She is committed to protecting the rights of her clients. If you are facing eviction in North Texas, it is imperative that you take immediate action. The process can move extremely quickly. For a free, fully private consultation with a skilled Dallas eviction attorney, please contact our legal team today. How to Fight an Eviction in Texas: A Guide 1. Understand Texas Eviction Law As was mentioned, Texas is a landlord-friendly jurisdiction. If you are even a single day late on your rent, your landlord can start the eviction process. That being said, there is a process in place. Your landlord cannot simply barge into your home or apartment and start removing your things. As a tenant you have important legal rights. Under Texas state law (Chapter 24 of the Texas Property Code), there are rules and regulations that your landlord must follow when attempting to initiate an eviction. First and foremost, your landlord must give you adequate notice. Before filing for eviction, your landlord must give you at least three days written notice. The failure to do so is a violation of your rights. If you did not receive sufficient notice of eviction, call a lawyer right away. In addition, if you believe that you are being evicted for an illegal reason, you should discuss your case with an experienced attorney immediately. 2. Consider Your Options for Settlement In some cases, the best way to fight eviction is by working with your landlord. Of course, this is not a viable option in every eviction case; there are landlords who are simply not willing to be reasonable. A fair settlement may not be an achievable outcome. Still, in some cases, the best way to stop an eviction in Texas is to get the landlord to voluntarily halt the process. Working towards a settlement could be an option if you are behind on your rent, but you are currently in a position to make partial payments. It may be in the landlord’s financial interests to work out a deal with you. 3. Prepare for Your Day in Court All tenants have the right to challenge an eviction in court. Eviction cases start in a Texas Justice of the Peace Court. If your case is not successful there, you have five days to appeal the eviction. At the very least, fighting an eviction in court typically adds at least a month to the process. Though, it can certainly take longer than that for an eviction case to be fully resolved. As far as building a case to defend an eviction goes, you must directly address the landlord’s stated or unstated reasons for pursuing the eviction. Most of the time, landlords are seeking an eviction for non-payment of rent. If you pay the rent, that can be used as a valid defense. Though, you should consult with an experienced Texas eviction defense lawyer before submitting a payment — especially if you are already facing a court day. Another common defense to eviction is lack of adequate notice. If you did not receive proper notice, you may be able to successfully challenge the eviction. In addition, if your landlord violated your rights or the property was uninhabitable under Texas law, you might be able to successfully fight the eviction. Ultimately, all eviction cases are different. If you are facing an eviction in Texas, the best thing you can do is to consult with a qualified landlord-tenant lawyer immediately. Your lawyer will be able to review your case and help you determine the best path forward. Speak to Our Dallas, TX Eviction Defense Attorney Today At Khirallah PLLC, our Texas wrongful eviction lawyer is a strong, committed advocate for tenants. If you or your loved one is facing eviction in Texas, please know that you have important legal rights. Rachel E. Khirallah is an experienced real estate lawyer, she is prepared to help you challenge a wrongful eviction. To set up a free, strictly confidential review of your eviction case, contact our Dallas law office today.

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  • September 04, 2020
  • Category: FAQ

The basis of any real estate transaction is the contract, which binds both the buyer and seller and outlines their obligations. When one side decides to break the contract, they have committed a breach, and a lawsuit might be unavoidable. After the breach of real estate contract, you need competent legal advice about your options. Contact a Dallas real estate dispute attorney as soon as possible. Terms in a Real Estate Contract that Are Breached A real estate contract includes all the essential terms of agreement between the parties. A real estate contract should be in writing, otherwise it will violate the Statute of Frauds. By reducing a contract to writing, each side understands its obligations, so there should be no confusion about what each side needs to do. Real estate contracts contain many of the same terms, including: The property’s address The purchase price for the property The amount of a good-faith deposit How the buyer will purchase the property The closing date when the purchase will be completed What is included in the sale, such as fixtures, furniture, or other items What is excluded from the sale (i.e., what he buyers will take with them) How property taxes will be allocated between buyer and seller Contingencies in Real Estate Contracts Sometimes, a sale is contingent on an event happening. For example, the buyer might be trying to sell their home at the same time. If they cannot sell it, then they cannot afford to buy the house, so the sale will have to fall through. Likewise, a buyer might need to secure a mortgage so that they can afford the house. Without the mortgage, they are not in a position to buy the home. These are contingencies, and a valid real estate contract should contain multiple contingencies. When a contingency is not met, either the buyer or seller can provide notice that they are dropping out of the transaction. This is not a breach. Common Ways a Contract is Breached As experienced real estate attorneys, we have seen all kinds of breaches, including: Refusing to pay on time Failing to deliver the deed in a timely manner Selling a home without the items specified in the contract Backing out of the contract for no legitimate reason Some buyers or sellers get cold feet and try to back out, even if the contract does not allow them to do so. The result is a breach, and the non-breaching party should consider what remedies are available. Suing for Breach of Contract Real Estate The purpose of a lawsuit is to remedy the breach. There are some common remedies, which will depend on who breaches—the buyer or the seller: If the seller breaches, then the buyer can sue for compensation, return of their good-faith deposit, and reasonable expenses. The buyer can also request that the contract be terminated. If the buyer breaches, then the seller can often terminate the contract and sue for money damages. For example, the seller might ultimately sell the home but for less than the amount included in the breached contract. The seller can sue to make up the difference. One remedy that doesn’t receive a lot of attention is specific performance. This refers to forcing the other side to go ahead with the sale and transfer of the property even when they don’t want to. In many cases, the seller tries to back out of the contract and the buyer wants to force the sale. Texas law allows for specific performance, but parties need to meet certain requirements, which usually require the help of an experienced attorney. Contact Khirallah PLLC for Your Real Estate Disputes If you have a question about the breach of a real estate contract, please contact us today. We are an established real estate law firm with a long list of satisfied clients. To learn more about your options, contact us by calling 214-302-0462 for a free consultation.

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  • September 04, 2020
  • Category: FAQ

One of the disadvantages of owning a home is that you can’t easily tap the equity built up in it. Selling is always an option, but people need a place to stay, and many elderly are hesitant to move. Wouldn’t it be great to tap into the equity of your home while living in it? One method is a reverse mortgage. It is a loan homeowners aged 62 or older can take out, allowing them to convert some or all of their equity into cash. They can then use the money for anything they want, including living expenses and health care. If you take out a reverse mortgage, you don’t pay it back until you sell your house. Nevertheless, this area is ripe for fraud and abuse, leading many seniors to take out a reverse mortgage when they normally wouldn’t or agreeing to terms that are excessive or onerous. Types of Reverse Mortgage Fraud As experienced Dallas real estate dispute lawyers, Rachel has seen many seniors fall prey to dishonest tactics, such as: Aggressive sales pitches. Many mortgage brokers call up seniors at all hours of the day to try and convince them to take out a reverse mortgage. Some brokers might claim there is an artificial deadline, which is clearly designed to pressure seniors into signing on the dotted line without giving the process much thought. Deceptive advertising. Some advertisers wrongly claim that a senior who takes out a reverse mortgage is never at risk of losing their home—which simply is not true. Other advertising can hide the true costs of these mortgages. Misrepresentations. Many lenders make false claims about their products or about reverse mortgages generally to induce seniors to sign up for them. If you experience any of the above, you should immediately stop the reverse mortgage process. How to Protect Yourself from Reverse Mortgage Fraud The Federal Bureau of Investigations recommends the following tips to protect yourself and a loved one from reverse mortgage frauds: Do not sign any contract that you have not read and fully understand. Ask for help if you are confused. Legal language is often confusing, and an attorney can explain it to you in plain language. Find our own reverse mortgage counselor and meet with them if you have questions. Contact the Department of Housing and Urban Development (HUD) to find approved counselors. Never respond to any unsolicited offer or advertisement. Throw them in the trash. Don’t give out sensitive personal information over the telephone. Doing so makes you vulnerable to identity theft. If you do fall victim to fraud, you can lodge a complaint with the FBI or with HUD. You should also meet with an experienced attorney who can discuss your options, which might include suing the lender for deceptive practices or fraud. Reach out to Us Today Reverse mortgage fraud deprives seniors of their property and causes millions of dollars in losses. If you or a loved one suspects fraud, contact Khirallah PLLC today. We are an established Dallas real estate litigation firm, and we can help you receive compensation to make up for any losses caused by the reverse mortgage fraud.

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  • September 04, 2020
  • Category: FAQ

As an established Dallas real estate firm, we meet with many clients who need to clarify who owns their property. Sometimes, they are worried that ownership might be unclear because the property was deeded by quitclaim deed or they are fighting off an adverse possession. Whenever there is a cloud over the title to property, a quiet title action is a must. To quiet title, Texas law allows you to file an action in court. You should understand the requirements, which we explain below. Identify Your Right to Title Typically, someone is trying to claim ownership of property that is yours. To bring a successful quiet title action, Texas law requires that you convince a judge that you have superior title. For example, you might have a deed in your name or a promissory note. Find your evidence and meet with an attorney for help building a case. Draft a Petition You file a petition in court which should identify the parcel and provide background detail about the dispute. You should also refer to any claim being made by a different party. A petition needs to be in a certain form, so try to find a sample or get a blank form from the local court house, if one is available. You should also consult with an attorney if you need help. A suit to quiet title Texas is high stakes, and you don’t want to make any errors that weaken your case. File a Petition in Court and Send Notice You will have to pay a filing fee when you take your petition to file. Call the court clerk ahead of time and ask how much it costs. Also find out what methods of payment the court accepts. Once you file, you will need to serve a copy of the petition and other paperwork on the other party to the dispute. Texas law has strict rules for giving proper service, so make sure you understand them. An attorney can make sure you comply with the law. Read the Response The other party to the dispute will file a response to your complaint and send you a copy. You should read it carefully, noting what arguments the other side is making. Often, they will disagree with your factual allegations and allege they have superior title. Attend a Hearing Each side can present evidence on their behalf at the hearing. Evidence can take many forms, including documents or witness testimony. Each side can also cross examine the other’s witnesses. At the end of the hearing, the judge should make a decision. If you win, the judge will sign an order nullifying any other claims to the property. This will make you the sole, clear owner of the disputed property. Get the Legal Help You Need Trying to quiet title can be very complicated, and you might benefit from the experience of a Dallas real estate attorney by your side. For assistance, please contact Khirallah PLLC today. We have helped many clients establish their rights to real estate, and we will move quickly on your behalf as well. You can schedule an initial consultation by calling 214-302-0462.

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  • November 26, 2019
  • Category: FAQ

When you miss a payment on your home loan, your lender can start the foreclosure process. According to data provided by RealtyTrac, approximately 40,000 foreclosures were initiated in Texas in 2018 alone. Unfortunately, lenders do not always act in good faith when foreclosing on borrowers. If you were the victim of a wrongful foreclosure, you deserve a lawyer knowledgeable in this area to help you. At Khirallah PLLC, our wrongful foreclosure lawyer can help you determine whether you have a wrongful foreclosure case and how to protect your rights. Here, we provide an overview of what you need to prove to bring a successful wrongful foreclosure claim in Texas. Of course, if you have any specific questions about your case, you should contact an experienced wrongful foreclosure lawyer right away. Texas Wrongful Foreclosure Cases Before a foreclosure can occur, the lender must take the proper steps according to the law; and sometimes the proper steps are missed. To prevail in a wrongful foreclosure lawsuit, a borrower must prove that the lender, in some manner, engaged in improper conduct. In Texas, plaintiffs in a wrongful foreclosure case sue for various types of claims: Negligence Fraud Negligent misinterpretation Wrongful foreclosure Breach of contract Cases Against Your Bank for Wrongfully Foreclosing on Your Home A foreclosure is wrongful for many different reasons and Khirallah PLLC is here to make sure that lenders follow the rules; however, if they do not follow these rules, we are here to help the borrower. Some of the most common examples include: Processing errors in your loan; Miscommunication between the lender and other parties; Improper advice from lender — such as to fall behind on mortgage payments in order to qualify for a loan modification; Predatory tactics; Failure to give the proper notices; Failure to accelerate; and Misapplication of payments. If you are facing foreclosure, it is imperative that you seek immediate assistance from a professional. You only have a limited amount of time to take action to protect your rights. Contact an experienced Texas wrongful foreclosure attorney immediately. Remedies Available for Wrongful Foreclosures in Texas Victims of wrongful foreclosure deserve justice. As a general matter, there are two types of remedies available in a Texas wrongful foreclosure lawsuit. If successful in pursuing a wrongful foreclosure claim, a plaintiff may be entitled to: Have the foreclosure proceedings halted and dismissed, Recover financial compensation for any damages, or Have the foreclosure sale voided. Our law firm fights for the rights of borrowers who have faced an unlawful foreclosure on their home. If your mortgage lender violated the law, we will help you get justice and full and fair support for your damages.  Speak to Our Texas Wrongful Foreclosure Attorney Today Rachel Khirallah is an experienced wrongful foreclosure lawyer. If you are wrongfully facing foreclosure or if your property has already been foreclosed upon, she can help. With an office in Dallas, attorney Khirallah serves clients throughout the region, including in Fort Worth, Arlington, Frisco, and Plano. Contact us today.

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  • November 26, 2019
  • Category: FAQ

Whether you are having a problem with your mortgage lender, or dealing with a construction dispute, there is a lot on the line in a real estate dispute. You do not have to navigate these complex issues alone. If you are involved in a real estate dispute, you should speak to an experienced real estate attorney about your case. During an initial consultation, a real estate lawyer will be able to give you guidance on how to best protect your rights and move towards a successful resolution. At the office of Khirallah PLLC, our real estate attorney offers aggressive representation during any real estate dispute, and we will advocate for your best interests. Most Common Real Estate Disputes There are several types of disputes that can arise that require assistance from a real estate lawyer. For over a decade, Attorney Rachel Khirallah of Khirallah PLLC has focused on handling the full range of real estate disputes. She provides smart, efficient and aggressive representation for any dispute. Some of the most common real estate disputes in Texas include: Development and construction disputes; Commercial lease and residential lease disputes; Wrongful foreclosures; Failure to disclose defects; Reverse mortgage foreclosures; Title disputes, including claims against your title company; Property line and boundary disputes Breach of real estate contract disputes; Land use disputes including deed restriction disputes; and Real estate fraud. Regardless of the specific nature of your case, it is imperative that you consult with an experienced real estate litigation attorney right away. The sooner you take action, the easier it will be to find an effective solution. How Our Dallas Real Estate Lawyer Will Protect Your Rights We have extensive experience representing individuals and businesses in real estate matters. Our law firm is committed to providing clients with assertive, sophisticated, and fully personalized legal guidance. Among other things, our top-rated Texas real estate attorney will: Conduct a comprehensive review of your case; Explain your rights and options to you; Zealously represent you; Investigate your dispute — obtaining relevant documents and records, and always be ready for trial. Real estate disputes can be complicated. Our Texas Real Estate Lawyer aggressively works on your behalf to make sure your interests are protected and that best potential outcome possible. Get Help From a Texas Real Estate Litigation Attorney Today Rachel Khirallah is an experienced real estate litigation attorney. If you are involved in a real estate dispute, Attorney Khirallah is standing by, ready to help. Contact our legal team today for a fully confidential review of your case. With a law office in Dallas, we serve communities throughout North Texas.

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