Buying a new home is one of the most exciting things that you and your family may ever do. Of course, when buying a home, there are the normal risks – that you may lose your job and will be unable to repay your mortgage, that the market won’t be strong when you’re ready to sell, etc. However, before you sign on the dotted line, you’ve likely taken a close look at the property, and have a fair idea of any day-to-day issues or immediate repairs that may be required. Which is why when an undisclosed and serious issue presents itself, you may feel wronged and anxious about your options. Consider the following about your legal rights if you bought a house with problems not disclosed, suing a seller for non-disclosure, and how our real estate disputes lawyer can help. Texas Disclosure Laws – What Does a Property Owner Have to Disclose? If you have bought a house with problems not disclosed, the first thing that you should do is familiarize yourself with Texas disclosure laws; this will help you to understand whether or not the seller breached the duty owed to you. The laws regarding a seller’s disclosure obligations are found in Texas Property Code Section 5.08, and require that a seller provide a buyer with written notice of any “material defects” in/on the property. Typically, this requires that sellers disclose structural or cosmetic defects, such as a termite infestation or the presence of mold. Note that sellers are only required to disclose defects that are known to them; if the seller did not know of a defect at the time of the sale, they cannot be held liable for the defect. Also of interest is the fact that property owners in Texas are not required to disclose any deaths that have occurred on the property due to natural causes, accidents that were unrelated to the condition of the property, or suicide. However, a property owner is required to disclose any knowledge of murder that occurred on the property, as well as deaths that occurred as a result of a condition of the property (even if the condition has since been remedied). Can I Sue a Seller for Non-Disclosure? Moving into a new home only to discover an expensive defect or problem with the property can be frustrating. If you believe that the seller lied or intentionally concealed a defect, you may have a cause of action. In order to hold the seller liable, you’ll need to prove that the defect existed before you purchased the home, that you had no knowledge of the defect, and that the seller knew of the defect and yet failed to disclose it. Of course, you will also need to show that you have incurred financial losses as a direct result. In addition to filing a lawsuit against the seller, you may also have a cause of action against the seller’s realtor (if they were involved in the non-disclosure) or the home inspector that you hired to conduct an inspection of the property prior to purchase. Keep in mind that even if the seller failed to disclose something, it can be difficult to hold them liable for damages if there is evidence that you did not do due diligence in discovering the defect. For example, if you failed to hire a home inspector prior to purchase and there is not strong evidence that a seller intentionally failed to disclose a defect, you may not be able to hold the seller liable. How Our Lawyer Can Help When You’re Suing a Seller for Non-Disclosure Buying a house with undisclosed problems can be frustrating, to say the very least. If you believe that the seller knew of the defect and failed to disclose it, or actively lied about the defect, you may have a claim. Our experienced real estate dispute lawyer at the office of Khirallah PLLC can help you to gather the evidence necessary to establish the elements listed above, understand the remedies available to you, and negotiate a resolution. If your case requires litigation, Khirallah PLLC will also be prepared to take your case to court. Call Khirallah PLLC Today for a Consultation Texas’ disclosure laws can be confusing to navigate on one’s own. If you think that you have a suit for non-disclosure against a seller of property in our state, please call our law firm today for a consultation and more information about your legal options. Our lawyer will aggressively advocate for you and protect your best interests.

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  • September 04, 2020
  • Category: FAQ

Earnest money is an essential part of almost every real estate transaction. To show they are serious, buyers will deposit a sum of money into trust. Typically, the seller sets the earnest money price, which is either a percentage of the purchase price or a flat sum. Earnest money can also cushion the blow if the buyer decides to step away from the deal as it covers some unforeseen expenses incurred by the seller. But what happens to earnest money if the sale falls through? This happens more often than people might imagine. In earnest money disputes, it matters why the buyer has cancelled the contract. A Buyer’s Chances to Get the Earnest Money Back Real estate contracts are complicated and often include many milestones. For example, a buyer will want the home to be inspected before going through with the sale. If the inspection comes back unsatisfactory, then the buyer can call off the purchase if they provide appropriate notice. These milestones are often contingencies—something must happen for the contract to be valid. Another contingency included in many real estate contracts is that the buyer sells their home. If they can’t, then they can cancel the purchase and get their earnest money back. One question we receive is, “Do you lose earnest money if financing falls through?” Probably, as receiving financing is usually the final milestone included in home purchase contracts. If the buyer cannot get a mortgage, then they can cancel the contract and have their earnest money returned. But if they do secure financing, then the buyer usually can’t cancel the contract without losing their earnest money. Retrieving the Money from Escrow Earnest money is often deposited in escrow and should be returned within a short amount of time once a buyer drops out of the contract. To request the earnest money, contact the escrow holder for more information. However, if there is a dispute about whether a buyer can get the earnest money, the escrow holder will keep it until the dispute is resolved. At that point, you will need an attorney’s help coming up with a plan for prevailing in your dispute. How to Protect Yourself Contract disputes crop up all the time, and many contracts contain dispute resolution clauses. For example, the buyer and seller might attend mediation or arbitration to resolve their differences. These dispute resolution techniques are often quicker than going to court and can frequently end the dispute. You should also meet with an attorney. An experienced real estate dispute lawyer can reach out to the other side to resolve the dispute informally. Doing so will help everyone save money by avoiding court and all the expenses associated with a lawsuit. However, when a lot of money is at stake, a trip to the courthouse is often unavoidable. Your Real Estate Contract Lawyer Rachel Khirallah has been practicing in the real estate field for over a decade and has handled many earnest money disputes. If you have a question, or if you need help negotiating a resolution to a dispute, contact us today. We can swing into action to protect your rights. Call 214-302-0462 or send us an online message.

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  • September 04, 2020
  • Category: FAQ

According to data provided by the Federal Deposit Insurance Corporation (FDIC), approximately 250,000 foreclosures are initiated in the United States each year. For a homeowner, dealing with a foreclosure, or the possibility of foreclosure, can be deeply stressful, even traumatic. If you or your loved one is facing foreclosure in Texas, it is crucial that you have a basic understanding of relevant state and federal regulations. Here, our Dallas wrongful foreclosure lawyer provides an overview of the most important things that you need to know about the foreclosure laws in Texas. An Overview of Texas Foreclosure Laws Most Mortgages in Texas Have a Grace Period If you miss a single mortgage payment by a few days, it is not the end of the world — far from it. Most mortgages in Texas have a grace period, typically one that is between ten days and fifteen days. When possible, it is critical that you make your mortgage payments on time. Though, you should also familiarize yourself with the grace period that applies to your specific mortgage, so that you know if you are being charged an unfair late payment fee. Federal Law Generally Requires Lenders To Take Action During the Pre-Foreclosure Period For most mortgages, federal law (12 CFR § 1024.39) requires lenders to take certain actions during the pre-foreclosure period. The pre-foreclosure period is defined as the timeframe between when a payment was missed and the time when a foreclosure is actually initiated by the lender. During this period, mortgage lenders generally have a duty to follow certain early intervention requirements. More specifically, lenders should call the borrower and send a written notification letter.  If you are having trouble making your mortgage payments, you should take action during the pre-foreclosure period. You may be able to get a loan modification or some form of forbearance from your lender. Ignoring phone calls and letters from your lender will only create more problems. No Right of Redemption Under Texas Foreclosure Law One of the most important things that homeowners in Texas need to know about the state’s foreclosure laws is that there is no right of redemption. A right of redemption, which exists in some jurisdictions, give homeowners the right to repurchase a property for the same price that it was sold at in a foreclosure auction. As there is no general statutory right of redemption in Texas, borrowers have little to no opportunity to redeem a home once it has been sold in foreclosure. Texas Law Allows For Non Judicial Foreclosure In Texas, the overwhelming majority of foreclosures are non judicial foreclosures. Most mortgage agreements in the state contain a ‘power of sale’ clause, which grants a lender the right to foreclose on the property by itself — without taking the borrower to court. Unfortunately for homeowners in Texas, non judicial foreclosures typically proceed far more quickly than do judicial foreclosures. In fact, most non judicial foreclosures are completed within a few months, whereas judicial foreclosures can take more than a year. For this reason, financially distressed homeowners need to take immediate action to protect their rights. If you are falling behind on your mortgage or you have received a foreclosure notice, you should contact an experienced attorney right away. Following Foreclosure, a Lender May Seek a Deficiency Judgment With some limited exceptions, foreclosure sales typically do not satisfy the full amount of the defaulted mortgage. As a result, lenders may attempt to take additional action to hold the foreclosed-upon borrower personally liable for the remaining amount. This is done through a type of legal claim called a deficiency judgment or deficiency action. Facing a deficiency judgment after already being foreclosed upon can be devastating. If you find yourself facing a potential deficiency judgment, you need to know how to explore all of your available legal options. You may be entitled to an offset in the deficiency when accounting for the fair market value of the property that was foreclosed on. A Texas wrongful foreclosure attorney can protect you protect your legal rights.   Get Help From our Dallas, TX Wrongful Foreclosure Attorney Today At Khirallah PLLC, our Texas wrongful foreclosure lawyer is committed to providing effective, personalized legal representation to homeowners. If you or your loved one is facing a wrongful foreclosure or has already been wrongfully foreclosed on, we are here to help. To set up a free, fully confidential review of your wrongful foreclosure case, please do not hesitate to contact our Dallas law office today.

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  • September 04, 2020
  • Category: FAQ

This glossary defines legal terms commonly used in real estate to define disputes, transactions, or services. Khirallah, PLLC wants you to be as educated as possible during your real estate litigation case. We also offer blog posts on legal topics so that our clients can familiarize themselves with the legal process. We hope you find the definitions of these terms helpful as you navigate your real estate dispute. Adverse Possession A claim of ownership to property that arises after known, unauthorized use of another’s property for a certain number of years. A common example is a neighbor that builds a shed on your property. If you knew about the shed but did nothing to stop him, your neighbor would eventually be able to initiate a court proceeding to claim ownership. Assignment of Contract A process in which a party to an existing contract sells, transfers, or assigns their rights under that contract to another party. Contract for Deed An alternative method of payment that allows a buyer to make regular payments on a property until the amount owed is paid in full. During the repayment period, the buyer has “equitable title” in the property and is, for all intents and purposes, the owner. The seller still retains “legal title” until the property is fully paid off. Also known as an “installment land contract.” Deed of Trust An agreement between a lender and a borrower to transfer property to a neutral third party trustee. The trustee holds legal ownership until the borrower pays off the debt, but the borrower maintains full responsibility for the property during the repayment period. Easement The right to use someone else’s property for a specific purpose. For example, an easement might exist where one property is only accessible by passing through the private property of another (via a driveway or other path). Escrow Payment A portion of a mortgage payment, set aside in an escrow account, used to pay property taxes and homeowner’s insurance. This money is stored in an escrow account to guarantee it can be used. Equity The difference between the fair market value of the property and the amount of money you owe on the mortgage. Put another way, equity is the money you would receive after paying off the mortgage if you sold your home. Forced-Placed Insurance An insurance policy placed on property when the owners’ own policy lapses, is cancelled, or is insufficient and a new policy is not obtained. Force-placed insurance policies allow lenders to protect their financial interest in a property. Joint Tenancy An equal, undivided interest in property shared by two or more tenants. Ownership in a joint tenancy must be established by the same deed, at the same time. If one tenant dies, their ownership automatically passes to any surviving tenants. Lien A notice attached to a property indicating that there is some unpaid debt. A lien prevents the property from being sold or refinanced until it is paid off. Lis Pendens Written notice that a lawsuit has been filed concerning title or other interest of a piece of property. Lis pendens is Latin for “a suit pending.” Marketable Title A title that is free from any threat of litigation or encumbrances (like a mortgage). When a seller sells property, there is an implied promise in the contract that the title is marketable. Partition The act of dividing up an estate owned by multiple people at the same time. The estate is divided proportionally based on the ownership interests of the concurrent owners. Quiet Title Proceeding A legal action taken to resolve disputes over ownership of real property. If more than one person claims ownership of a piece of property, an action to quiet title can determine the rightful owner, “quieting” any challenges to ownership. RESPA Real Estate Settlement Procedures Act—Federal law that requires lenders to disclose certain costs related to real estate transactions and related settlement services. RESPA also regulates the use of escrow accounts and prohibits kickbacks. Specific Performance A contract remedy where a court orders the breaching party to perform its contractual duty. Specific performance may be awarded when money damages would be inadequate. Title Insurance Insurance that protects the holder from financial loss caused by defects in the title to a property. Unexpected defects may be present if unpaid taxes or liens are missed during a title search (a review of public records to confirm ownership of the property). Warranty Deed A type of deed where the seller guarantees that she holds clear title (free of debt or other liens) to the property being sold and that she has the legal right to sell it. Wraparound Mortgage A subordinate mortgage that “wraps around” and incorporates an existing loan. The borrower makes payments to the lender, who makes payments on the underlying mortgage. Start Your Real Estate Litigation Case Understanding these terms can make the real estate litigation process easier for you. Knowledge of these terms helps facilitate discussion with your real estate attorney about your case. If you are looking for a real estate attorney that will work with you every step of the way, contact Khirallah, PLLC today. 

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  • September 04, 2020
  • Category: FAQ

Buying land or property in Texas is an exciting prospect, but one that demands attention to detail and the adherence to certain legal requirements. One such element that should not be overlooked is the importance of a property title search. Consider the following details about why one should conduct a property title search, how you can do a free property title search in Texas, and how a lawyer can help. What Is a Property Title Search? A title search refers to the process of ensuring that the title to a property is valid and does not have any defects or issues. A title search involves a comprehensive examination of property records, keeping an eye out for any outstanding mortgages, liens, judgments against the property, unpaid taxes, and ownership issues. The Value of a Property Title Search Conducting a property title search is a good way to be certain that the piece of property you’re buying doesn’t have any issues associated with it that could cause a headache later on. By conducting a property title search, you’ll know that once you purchase a property, you are the rightful owner, and no one else has any claim to the property. This can also help to protect you from any claims at a later date filed as a result of unpaid taxes, liens, or ownership disputes. Free Property Title Search Texas In order to conduct a property title search on your own without paying a lawyer or a title company, you should head to your county clerk’s office. In Texas, each county clerk’s office is responsible for keeping detailed property records – these records are public, and therefore available for you to view. Records that will be kept by the county clerk’s office include deeds, deeds of trust, notices, liens, easements, powers of attorney, oil and gas leases, plats, releases, and more. Sometimes, you can access records online; however, for a search to be as comprehensive as possible, it is best to go to the appropriate county clerk’s office and conduct the search in person. Our Lawyers Can Help While conducting a title search on your own may be possible for a property that has only changed ownership one or two times, most of the time, making sense of the various records and documents related to a property’s history is overwhelming, and difficult for the layperson to make sense of. Fortunately, you do not have to manage a property title search on your own – an experienced real estate lawyer can help. Call Our Texas Real Estate Lawyers Today Our real estate lawyers in Texas know that purchasing a property is a big decision, and one that can be rife with complications if the proper procedures aren’t taken. When you call our team at the office of Khirallah PLLC, we will guide you through your legal rights, recommended steps for protecting your best interests, and we will handle all real estate legal actions, such as conducting a Texas property title search, on your behalf. Please send us a message or call our law office today to get started.

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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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