Dec. 14, 2009
Dear George: We have inherited a house that is in terrible disrepair and has a $9,000 tax bill outstanding. We don't want it. The needed repairs plus the tax bill will cost more than we could recoup in a sale. Do we have to accept the property, or can we allow the county to foreclose?
Answer: The Texas Probate Code, Section 37A, provides the basic elements required to renounce the real property of a decedent, provided you have not already accepted it. In general terms, an individual must disclaim the property within nine months of the death of the decedent. However, consult a probate attorney before taking any action.
Dear George: My husband and I entered into an agreement with a real estate broker. However, the broker didn't provide the services we expected, so we asked to terminate the contract. The termination agreement obligates us to pay the broker a commission if we purchase a home in our preferred neighborhood. While the broker did show us a few homes in that neighborhood, he wasn't the source of any of our information about homes in that area. Are we stuck paying him?
Answer: The agency relationship established in your agreement with the broker may be terminated at any time by either party; however, early termination without cause may expose the terminating party to liability under the agency agreement. Based upon the facts you presented, you have justifiable cause to terminate your agency relationship. However, consult an attorney experienced in agency matters before you take any action to terminate.
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.
