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 Dear George: Is a seller's disclosure required in an estate sale where none of the parties ever lived in the property or know anything about it?
Answer: No. Section 5.008 of the Texas Property Code, which provides for the Seller's Disclosure Notice, also lists circumstances which are exempt from the requirement. The one that pertains to your case indicates that Section 5.008 does not apply to a transfer of property "by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust."
Dear George: Is there a time requirement for a lender or title company to disburse funds for the sale of a residential property once all the paperwork has been signed?
Answer: Once all documents are signed and the lender has approved them, a funding number is given to the title company; funds can then be disbursed as long as the lender's wire has been received by the title company's bank. This disbursement usually happens on the same day. However, there is no control over the lender. If a lender chooses to wait a week, you'll have to consider breach-of-contract issues. The lender may be causing the problem, but it's the buyer and seller who will suffer. It helps to know your lender well.
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Dear George: I was represented by a broker during a commercial property transaction and communicated only with him. I told my broker on several occasions to terminate the contract prior to various contingency and inspection periods; he failed to communicate this to the seller or title company, and I lost my escrow money. The broker admitted his negligence and agreed to reimburse me, but he wants a year to pay me back. What are my rights to demand immediate repayment? Is there a regulatory body that presides over commercial real estate brokers?
Answer: The Texas Real Estate Commission is the regulatory body that enforces compliance from all real estate licensees, regardless of whether they specialize in residential, commercial, or industrial real estate. If your broker was a REALTOR® (not all licensees are REALTORS®), call the Texas Association of REALTORS® at 800/873-9155 and ask to speak with someone regarding the association's Ombudsman Program. This program is designed to handle situations where a consumer has a problem with a particular Texas REALTOR®. A specially trained volunteer will listen to your side of the story and the REALTOR®'s side. The purpose of the program is not to settle the dispute, but to make sure that you, as the consumer, are fully aware of all the options available to you including without limitation, filing a complaint against the REALTOR® with the Texas Real Estate Commission or filing a lawsuit against him.
Dear George: Our neighbor has filled in his property to the point that when it rains, it takes days for the water on our property to subside. I can't afford to bring in fill dirt like this. Is there a statute against this kind of behavior?
Answer: This is a common law nuisance problem as opposed to a statute. You have a neighbor who is being negligent by building up his property, resulting in your flooding and probable disturbance of the flow of water across the neighborhood. The cost of repairing the problem (new drains, water detention system, etc.) is usually cheaper than suing the neighbor, and these repairs correct the problem permanently. Talk to your neighbor before you involve lawyers. He may be willing to help with the cost if you allow him the chance.
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