ask george & chuck
April 6, 2009

Buyers defaulting, occupancy rules
Answers to real estate questions as appearing
in the Houston Chronicle

Dear George: A woman signed a contract to purchase my daughter's house. However, on the day of closing, she decided not to buy the house, and the buyer's real estate agent refuses to turn over the earnest money to my daughter. What recourse does my daughter have? She doesn't have any money to hire an attorney.

Answer: The options available to your daughter are specified in the contract. Section 15, Default, states that she can seek such relief as may be provided by law. If your daughter's damages are less than $10,000, she should sue the seller before a justice of the peace; she can do so without hiring an attorney. If your daughter's damages are greater than $10,000, she'll need to hire an attorney. She can look for no-fee or reduced-fee representation through the Texas State Bar.

Dear George: How many people are allowed to live in a single-family house? My homeowners association doesn't seem to enforce any occupancy limits.

Answer: Generally speaking, occupancy requirements are based on health and safety issues. Local zoning ordinances, homeowners associations, or deed restrictions may set residential occupancy restrictions per bedroom. You state that your home is governed by an HOA; check its rules and regulations as well as any zoning ordinances or deed restrictions in your subdivision.