The Suster Law Group, PLLCFindLaw IM Template2024-03-05T20:33:09Zhttps://www.susterlaw.com/feed/atom/WordPressOn Behalf of The Suster Law Group, PLLChttps://www.susterlaw.com/?p=495912024-03-05T20:33:09Z2024-03-05T20:33:09ZMost of the time, you have to wait for a contract to actually be breached before you do anything about it. This is known as an actual breach. For example, perhaps your company signed a contractual agreement to hire a roofing company and they said they would arrive and perform the job on a certain date. But they never arrived and never did the job, so the contract has been broken.
But there are also anticipatory contract breaches, which is when the other party tells you in advance that they are going to break the contract. For example, maybe the owner of the roofing company calls you and says that there’s been a scheduling conflict. They simply do not have a roofing crew to send to your location at the proper time. They are giving you advance warning that they are going to breach that contract in the future.
Is this beneficial for you?
Certainly, this can be frustrating. Any time that there’s a contract in place and the other party doesn’t fulfill their obligations, it’s an issue.But an anticipatory contract breach can be helpful for you in some ways. As noted above, you usually have to wait for an actual breach, and then you can start legal proceedings if you’re pursuing compensation. But if it’s an anticipatory breach, then you may be able to start those proceedings in advance. You know for certain that the contract is not going to be upheld, so you’re not obligated to wait for the actual breach.Working your way through a situation like this can be complex. Be sure you know about all of your legal options.]]>On Behalf of The Suster Law Group, PLLChttps://www.susterlaw.com/?p=495892024-02-20T16:26:00Z2024-02-20T16:26:00ZGood tenants may come and go, but it seems like you just can’t get rid of the bad ones. As a landlord, you may periodically run into a situation with a tenant where you simply want them out of your hair (and property) permanently – but you cannot take matters into your own hands.
Evictions in Texas have to follow a certain set of rules, and resorting to a “self-help” option to try to speed things along can be a disaster.
Self-help evictions may be acts of desperation, but they’re counter-productive
A self-help eviction is any action you take that deprives the tenant of the use of the property without due process. In practice, that can look like:
Changing the locks on the rental property to prevent the tenant from accessing it
Disconnecting essential utilities such as water, electricity or gas to force the tenant out
Physically removing a tenant's belongings from the property without following proper eviction procedures, whether you put them in storage or on a curb
Resorting to physical threats or harassment to try to scare the tenant out
Creating conditions that make the property uninhabitable to force the tenant to leave, such as removing the doors to their residence
What happens if you proceed with a self-help eviction anyhow? Your tenant can (and probably will) take you to court. You could be forced to pay them one month of rent plus an additional $500, all the court costs, their attorney’s fees, their moving expenses and the value of any property they lost as a result of your actions.If you have a problem tenant, find out what you can do to handle the issue legally so that you don’t end up with even bigger issues.]]>On Behalf of The Suster Law Group, PLLChttps://www.susterlaw.com/?p=495862024-02-14T20:33:39Z2024-02-14T20:33:39ZIssues with property drainage
Drainage can affect the exterior spaces of a property by causing impassable terrain or damaging vegetation. Drainage issues can also affect residences and other improvements on a property. A neighbor's improper or non-compliant drainage solutions might lead to water accumulating around the foundation of another property. Those drainage issues could lead to water damage, mold development or the death of plants in someone's yard. It may be necessary to take a neighbor to court if the water flowing off of their property actively damages a neighbor's property.
Nuisance issues related to maintenance
Few things drag down property values faster than a blighted home in the neighborhood. Maybe someone has a bunch of partially de-constructed vehicles littered throughout their yard. Perhaps they have boarded-up windows or siding falling off of their home. Properties that are obviously in poor repair can drag down the value of neighboring properties. While that may not be an immediate concern for neighbors, it is an issue for anyone who might need to sell a property in the next few years. Legal action could potentially force someone to repair issues with their property that affect neighborhood property values.
Inappropriate property usage
Maybe someone has started conducting an unlicensed business out of their garage, or perhaps there are college tenants at a residential property who throw boisterous get-togethers that go late into the night and violate noise ordinances. When neighbors break the law on their property, their actions can affect the daily lived experience of others nearby. Neighbors may need to take legal action in response to repeated violations or a refusal to amicably resolve complaints about operating a business in a residential neighborhood or having wild and disruptive social gatherings late at night when others need to rest.
Taking legal action against a neighbor can certainly strain the relationship between adjacent property owners. However, litigation may be the only way to force someone to cease behaviors that affect their neighbors or local property values. Understanding when it may be necessary to initiate litigation over conflict with a neighbor can help people to potentially preserve their property values and better ensure they can continue to peacefully enjoy the properties they own.]]>On Behalf of The Suster Law Group, PLLChttps://www.susterlaw.com/?p=495852024-02-05T20:35:41Z2024-02-05T20:35:41Zlaws that govern commercial transactions in the United States, providing guidelines for businesses to engage in trade. Enacted individually by each state, the UCC seeks to harmonize business practices, including contracts, sales and negotiable instruments.
Verbal contracts: Validity and enforceability
Under the UCC in Texas, verbal contracts are generally valid unless expressly required to be in writing. However, specific types of contracts, such as those involving the sale of goods over a certain value, may require written documentation to be enforceable. Businesses and individuals need to be aware of these nuances to help ensure the validity of their agreements.
In line with the UCC, Texas also follows the statute of frauds, which mandates written evidence for specific types of contracts. Understanding these categories, such as contracts exceeding a certain monetary value or those extending beyond a year, is crucial to navigating the legal landscape of verbal agreements.
Challenges and considerations in verbal contracts
Verbal contracts, by their nature, can be susceptible to misunderstandings and ambiguity. Parties involved should strive for clarity in verbal agreements to avoid disputes. While the UCC provides a framework, maintaining clear communication remains paramount.
To strengthen the enforceability of verbal contracts, parties may choose to create documentary evidence. This could include emails, text messages or any written communication acknowledging the terms of the verbal agreement. Such documentation can serve as a valuable support in case of disputes.
Understanding the nuances of verbal contracts in Texas under the Uniform Commercial Code is essential for businesses and individuals alike. By adhering to the UCC’s guidelines, parties can navigate the complexities of verbal agreements, enhance enforceability and minimize the risk of disputes.]]>On Behalf of The Suster Law Group, PLLChttps://www.susterlaw.com/?p=495842024-01-19T19:12:18Z2024-01-19T19:12:18Zthe merits and potential pitfalls of this strategy can help you make smart choices.
The power of persuasion
Home sellers are not merely parting with property; they are bidding farewell to a place filled with memories and emotions. Acknowledging this emotional aspect of the process can provide an opportunity for potential buyers to connect on a deeper level. By understanding the seller’s attachment to the property, a well-crafted “love letter” can become a powerful tool for persuasion.
Furthermore, in a sea of formal offers, a personalized letter can set you apart by expressing genuine interest in the home. Highlighting specific features that resonate with you and sharing your vision for the property can create an emotional bond, potentially swaying the seller in your favor.
While the intention behind a love letter may be innocent, it’s crucial to be mindful that the subjective nature of communication leaves room for interpretation. A well-intentioned phrase may be misconstrued, leading to unintended consequences. Home sellers might interpret a love letter as an attempt to negotiate emotionally rather than financially.
Strategies for crafting an effective love letter
A successful love letter combines personalization with a clear purpose. Rather than solely focusing on sentimental concerns, intertwine your love for the property with practical reasons that make you an ideal buyer. Showcase your financial readiness, commitment to a smooth transaction and respect for the seller’s journey.
In the complex dance of real estate negotiations, writing a love letter to a home seller can be a double-edged sword. While it has the potential to forge a personal connection, it also carries risks of misinterpretation and legal implications. As a prospective buyer, approaching this strategy with a well-thought-out and balanced mindset is key.]]>On Behalf of The Suster Law Group, PLLChttps://www.susterlaw.com/?p=495832024-01-11T02:22:30Z2024-01-11T02:22:30Zuse clauses in a commercial lease can offer landlords many benefits, including peace of mind about their property. Here are a few other potential advantages to consider.
Maintaining harmony and order
A yoga studio operating next to a speaker system retailer is a recipe for chaos. Use clauses can promote compatibility and help neighbors avoid disrupting one another. Tailoring use provisions to your property type and local community can lead to a harmonious mix of businesses that attract clientele.
Protecting tenants and property
Certain business activities (like those involving hazardous materials) may pose safety threats to tenants or customers and liability risks to landlords. Restrictive use clauses that ban potentially dangerous activities can ensure you and your tenants feel safe and secure.
Preventing conflict and disputes
Ambiguity has no place in a lease agreement. All clauses, especially any that address usage, work best when they clearly outline what is allowed and what is not. When you and all your tenants are on the same page, it can minimize misunderstandings and potential legal battles down the line.
Attracting more tenants
Many commercial landlords mistakenly believe that use clauses deter successful businesses from seeking tenancy. Instead, they often attract well-established and successful brands. For example, many tenants appreciate terms that prevent or restrict direct competition on the premises.
A word of caution
One thing to remember is that overly restrictive usage conditions can indeed alienate possible tenants. Consider getting a legal opinion before you make changes to your lease agreement. That way, you can get an unbiased perspective to help you accurately assess the risks and rewards of the changes you propose.]]>On Behalf of The Suster Law Group, PLLChttps://www.susterlaw.com/?p=495822023-12-27T14:31:42Z2023-12-27T14:31:42Zrisk of property damage, you must carefully examine the terms and conditions of the pool construction contract to understand both parties' obligations and responsibilities. Ensure you are familiar with any warranties, guarantees or clauses regarding dispute resolution.
Document the issues
Make a detailed list of your problems or concerns with the pool construction. Take photos or videos to document any defects or incomplete work. Keep a record of all communication with the contractor, including emails, texts and phone call logs.
Communicate with the contractor
Reach out to the contractor and calmly discuss your concerns. Clearly explain your identified issues and ask for their input on resolving the dispute. It's possible that the contractor is unaware of the problem or that there has been a miscommunication. Allow them to address and rectify the issues.
Propose a resolution
If the contractor acknowledges the issues, propose a resolution that you find acceptable. Check the contract to see what’s allowable according to your signed document. Some options for resolution might include asking the contractor to complete the work as agreed, fix any defects or provide a partial refund. Be prepared to negotiate and reach a compromise, if possible and appropriate.
Put it in writing
If the contractor agrees to a resolution, document the agreement in writing and have both parties sign it. This written agreement can be evidence if the dispute escalates or the contractor does not fulfill their obligations.
If the contractor is unwilling to resolve the dispute or if you suspect fraudulent behavior, consider filing a complaint with your state's contractor licensing board or consumer protection agency. Other legal action is also possible, so seeking legal guidance as soon as possible is generally wise.]]>On Behalf of The Suster Law Group, PLLChttps://www.susterlaw.com/?p=495812023-12-13T15:54:58Z2023-12-13T15:54:58ZBuying a home is one of the most significant investments that people can make. With so much money on the line and the major commitment involved, it’s probably only natural for buyers to occasionally get “cold feet” about a deal.
But what about sellers? Selling a home can feel equally momentous, and sellers aren’t immune from doubts.
Why do sellers try to back out of a real estate contract?
Sellers may want to rescind an agreement for all kinds of reasons. Some of the most common include:
It’s a hot market, and they got a better offer on their home from someone else.
They’ve had a sudden change in their situation, making it less convenient to move.
They haven’t been able to find a replacement home that they find suitable.
They’ve simply gotten emotional about the move and no longer want to leave the home.
All of these reasons and more are perfectly understandable – but that doesn’t mean the seller has a legally legitimate reason to back out of the deal.
When can a seller legally back out of a real estate deal?
By the time a seller has a change of heart, the buyer may have invested significant time, energy and resources into the deal. They may have had their credit pulled and reviewed, applied for a mortgage loan, had the home appraised and paid for an inspection. A seller backing out of the deal is much more than an inconvenience; it can be a financial disaster.Whether or not the seller can legally break the contract, however, depends on a lot of different variables. Typically, however, they can only legally rescind their agreement when either certain contingencies written into the contract are unfulfilled or the buyer fails to live up to their obligation, first. For example, the seller may have written a contingency into the contract that says the house deal won’t go through unless the seller can buy a new home, or the buyer may fail to get their mortgage approved so that they can close the deal by a critical date. Either could give the seller a legitimate reason to walk away from the deal. Whether you’re a buyer or a seller, real estate conflicts have the potential to escalate very quickly. When you’re headed for a dispute, it’s wise to seek legal guidance.]]>On Behalf of The Suster Law Group, PLLChttps://www.susterlaw.com/?p=495792023-12-12T17:57:57Z2023-12-12T17:57:57ZIn some cases, contract breaches will be divided into two categories. Some are minor breaches and others are material breaches. While it is often recognized that a material breach is a major issue – such as getting a shipment of the wrong parts and materials – minor breaches are not given quite as much attention.
A common example of a minor contract breach is when a due date is missed. Perhaps your parts and materials supplier did deliver what they were supposed to deliver, but they were a few days late. Is this really a minor issue?
It could have a major impact
Even small issues like this can have a significant impact on a company. It could cost that business a lot of money, which is when the owner of the company that suffered the breach may seek legal action.To continue with the hypothetical example of parts and materials arriving late, say that a shipment was supposed to arrive on a Thursday, but it didn’t show up until the next Tuesday. Those parts and materials were needed to create products – some of which may have already been sold in advance, so the orders have to be filled.It’s true that missing the deadline may not be as serious as if the delivery never arrived, but it can still significantly hold the company back. Orders may be canceled by consumers. Stock may not make it to the shelves in time to be sold. A tremendous amount of money could be lost in potential sales, all because that shipment arrived late.In other words, don’t assume that any breach of contract is minor. It could be significant, and you need to know what legal steps to take.
]]>On Behalf of The Suster Law Group, PLLChttps://www.susterlaw.com/?p=495782023-11-30T06:00:04Z2023-11-30T06:00:04ZThe length of lease
One of the fundamental considerations when entering a commercial lease agreement is the duration. Long-term commitments often provide stability but may limit flexibility. On the other hand, short-term leases offer flexibility but might lack the security of a more extended commitment. Striking the right balance is imperative to align with your business goals.
Lease renewal options
Having the ability to extend your lease can be a strategic advantage. As such, it's crucial to negotiate renewal terms at the inception of the lease, ensuring that you have the first right of refusal and favorable conditions.
Rent structure and escalation
Rent structure and escalation clauses can significantly impact your bottom line. Businesses should carefully evaluate whether a fixed or variable rent structure aligns with their financial strategy. Additionally, being aware of any escalation clauses is vital, as unexpected rent increases could pose challenges to budgeting.
Hidden costs and fees
Seemingly straightforward lease terms might harbor hidden costs. It's imperative to scrutinize an agreement for any additional fees such as maintenance, property taxes or common area charges. Understanding these costs can better ensure accurate budgeting and prevent unwelcome financial surprises.
If you embark on a commercial leasing journey, remember that informed decisions are the key to unlocking the full potential of your business. Don’t be afraid to seek legal guidance accordingly.]]>