June 2, 2008
Dear George: I recently purchased a garden home that shares backyard space with five similar properties. A woman who lives next to me treats the space behind my home as hers and hers only—she even called the police once when I was sitting outside my back door. All of the other neighbors know what a pain she is. One of them even told me that when the previous owner of my house sold it he said, "I'm so glad to be rid of her." Did the seller have a duty to disclose to me information about this neighbor's behavior?
Answer: This neighbor is a bully, and you need to hire a lawyer and seek injunctive relief immediately. Under Texas disclosure law, the seller had no duty to tell you about this.
Dear George: A seller accepted my offer on his property, and I was told we would close in three weeks; however, the seller has to settle a federal tax lien and vendor lien on the property. The seller's attorney and broker were aware of this fact, but did not disclose it to me. Now things are delayed, and I need to be out of my current house. The seller's attorney allegedly did not tell the IRS that he was selling the property when he settled the seller's debt. Does the seller's attorney or his broker have any liability in this case?
Answer: You have two options: Talk with the seller and work it out or declare a default and demand your earnest money back. This situation is not necessarily the fault of the seller or the seller's attorney.
E-mail a question to ask George & Chuck or fax it to 713-978-6684. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.
