01 December

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Retail Real Estate Transactions

Retail real estate transactions are a subset of commercial real estate transactions. Like other types of commercial real estate transactions, a Texas real estate attorney can be a great asset in making the transaction run smoothly. Retail real estate transactions are unique, though, in the sense that the buyer will be inheriting existing tenants and their retail leases. It is incredibly important for the buyer to review all the leases. In analyzing the retail leases, it important to consider whether the lease is a gross lease or a net lease. A gross lease is a lease in which the landlord is responsible...

11 December

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Perils of Buying a Business

Posted by Robert Newton

in Business Law, Real Estate Law

Buying a business is a big decision. It is also an adventure. It starts with finding a business that meets one’s requirements. Then, buyers should hire an attorney to draft an asset purchase agreement or stock purchase agreement that describes the rights and obligations of the buyer and seller, as well as, the applicable time tables for the sale. Many buyers do not understand the importance of the purchase agreement, but it is an essential part of the buying process. Similarly, many sellers do not understand the importance of a due diligence period. Due diligence periods are critical to the purchase...

02 June

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How Do I Make a Guest Leave in Texas

Posted by Robert Newton

in Litigation, Real Estate Law

How does the law differentiate between tenants and guests in Frisco, Texas. That is a good question, and one that I receive from time-to-time. Unfortunately, there is no one real good answer. The best we can do is look at existing case law and what little the Texas Property Code says on the topic. Section 92.001 of the Texas Property Code defines a tenant as … “a person who is authorized by a lease to occupy a dwelling to the exclusion of others and, for the purposes of Subchapters D, E, and F, who is obligated under the lease to pay...

21 May

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A Glance at Commercial Leases in Texas

Posted by Robert Newton

in Business Law, Real Estate Law

Office leases, restaurant leases, shopping center leases, single-use tenant leases, build-to-suit leases, industrial leases, and ground leases, among others, are common types of commercial leases used in Frisco, Texas. Even though they differ in the specific verbiage, each type of lease has some very common attributes. Possession and Term Possession is obviously the most important and common attribute, being the centerpiece of any type of lease. The term of the lease for possession of the premises is varies depending upon the type of lease. Usually, commercial leases have longer initial terms than residential leases. However, self-storage leases and some office-suite leases can...

16 May

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Texas Evictions

Posted by Robert Newton

in Business Law, Litigation, Real Estate Law

Residential evictions are statutorily driven in Texas. They are governed by Chapter 24 of the Texas Property Code, as well as, Rule 510 of the Texas Rules of Civil Procedure. To begin the eviction process, a landlord must provide a notice to vacate. State law requires three days’ notice unless a written lease provides a different notice provision. The notice must be delivered by mail or personal delivery, although it can also be affixed to the inside of the main entry door, or, on some occasions, on the exterior of the main entry door. Following the expiration of the time prescribed in...

15 May

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Supreme Court Allows Sports-Betting – What does it Mean for Frisco?

Posted by Robert Newton

in Business Law, Elections, Government/Legislation, Real Estate Law

On May 14, 2018, the Supreme Court of the United States held that the provisions of the Professional and Amateur Sports Protection Act (PASPA) restricting states from allowing sports betting is unconstitutional. It will be a popular decision in the sense that it will make headlines around the country. Various angles of the holding could be written in multiple sections of the daily newspaper. It appeared on every television set during the local and national news broadcasts. And, one can bet, it will be among the hottest topics debated by the candidates in Texas’ next election season. The issue in Murphy...

10 May

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What is a Partition?

Posted by Robert Newton

in Estate Planning, Litigation, Probate, Real Estate Law

In its simplest form, partition means a division of some object or idea. In everyday life, it probably most frequently refers to the division in a room, such as the sliding heavy curtains separating Sunday School classes at church. In a legal sense, though, it means the division of an interest. Although partition can apply to an interest in any asset, partitions typically arise in regards to real property. Further, courts review two primary types of partitions, a partition-by-sale and a partition-in-kind. As one might have figured, a partition-by-sale means that a court requires a sale of the property. A partition-in-kind...

22 December

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2017 Tax Cuts and Jobs Act

Posted by Robert Newton

in Business Law, Government/Legislation, Real Estate Law, Wills & Trusts

The Tax Cuts and Jobs Act has now been passed by Congress and is awaiting President Trump’s signature. The question now arises, what does this mean for the average resident living in Frisco, Texas? Tax bills, as are most bills, are horrible to read because they simply amend existing sections of code. The Tax Cuts and Jobs Act is no different. So, below are a few highlights into how the Act could affect you, if and when President Trump signs it into law. Individuals The biggest change to individuals will likely be the increase of the standard deduction to $24,000 from $12,700...

13 April

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Help! I Owe Property Taxes on Inherited Property!

Posted by admin

in Foreclosures, Litigation, Probate, Real Estate Law, Wills & Trusts

From time-to-time, clients will contact me because they owe property taxes on property that they did not even know they owned. Almost always, my client’s ownership arises from an inheritance they did not even know existed. Sometimes, the decedent is a fairly distant relative. Sometimes, the decedent is an estranged parent. Sometimes, it was just property that was forgotten over the generations. To many, this may seem like a “first-world” problem, and, to some extent, it is. However, the tax bill is real, the lawsuit is real, and the resulting foreclosure is real. Unfortunately, the value of the property is...

23 November

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My Contractor Didnt Pay the Subcontractor!

Posted by admin

in Real Estate Law

General contractors often use the money from the current job to pay for the last job. And, the current jobs completion is often tied to the contractors ability to get a future job. If the contractor has a slow month, then it is possible that subcontractors may try to enforce mechanics and materialman liens against the house. And, to many unsuspecting homeowners, these liens are often valid. If a homeowner receives a notice of the intention to enforce a lien against her house, then the homeowner should immediately contact an attorney. Time is of the essence. Further, the Texas Property Code...