Hiring a lawyer and using an online Self-Help Legal Service are two distinct approaches to handling legal matters, and each has its advantages and limitations. Here's a comparison: 1. Legal Expertise: - Using Curbside Attorney: When you use Curbside Attorney, you are hiring a lawyer, and you're getting the expertise of a trained legal professional who can provide personalized advice, representation, and solutions tailored to your specific situation. Lawyers can offer legal strategies, negotiate on your behalf, and represent you in court if necessary. - Self-Help Legal Service: Self-Help Legal Services provides document preparation services and access to legal forms, but it does not offer legal advice or representation. While Self-Help Legal Service can help you generate legal documents, it doesn't provide the same level of personalized guidance that a lawyer can offer. 2. Complex Legal Matters: - Using Curbside Attorney: We are real lawyers and regularly handle complex legal matters, such as probate disputes, family law disputes, business transactions, and estate planning. We have the knowledge and experience to navigate intricate legal issues and provide you with comprehensive legal solutions. Even if you have a matter that does not fit into our fixed-fee products, we can still help through our full-service law firm, Levatino Pace PLLC. - Self-Help Legal Service: Self-Help Legal Services are more suitable for straightforward legal matters, like creating simple wills, forming basic business entities, or filing routine documents when you are certain about what you are doing. It may not be suitable for cases with intricate legal requirements. 3. Cost: - Using Curbside Attorney: We’re not going to lie - legal representation by a lawyer can be costly, as lawyers typically charge hourly fees or flat rates, which can add up quickly, especially for complex cases or extended legal processes. However, for our fix-fee products and services, Curbside Attorney is very affordable, and we offer financing through credit cards and Pay Pal. - Self-Help Legal Service: Self-Help Legal Service often offers lower-cost document preparation services – but not legal advice or representation. Online Self-Help Legal services can be a cost-effective option for basic legal needs. Where they are lacking is customizing their services to your needs or if you have an unusual situation. 4. Personalized Guidance: - Using Curbside Attorney: Our lawyers can provide one-on-one consultations and personalized guidance if you need it. They can answer your questions, address concerns, and adapt legal strategies to your specific circumstances. - Self-Help Legal Service: Self-Help Legal Service provides general information and templates, but it doesn't offer personalized advice – they can’t. That would be the unauthorized practice of law, and it is illegal. You're responsible for understanding and completing the documents correctly, and only you are responsible if you make a mistake. 5. Representation in Court: - Using Curbside Attorney: If your legal matter requires court representation, such as in a lawsuit or family law case, a lawyer is essential. We can advocate for you in court, present evidence, and argue on your behalf. - Self-Help Legal Service: Self-Help Legal Service does not provide representation in court. It's primarily a document preparation service. 6. Speed and Convenience: - Self-Help Legal Service: Self-Help Legal Service can be a quicker and more convenient option for generating basic, standard legal documents. You can access and complete forms online at your own pace. - Using Curbside Attorney: For our fixed fee products and services, we are quick and convenient. You can complete your project at your own pace, and we can even expedite projects depending on the circumstances. If your project falls outside of our fixed-fee products and services, there can be more time involved with scheduling appointments and waiting for responses. In summary, the choice between using Curbside Attorney and using Self-Help Legal Service depends on the complexity of your legal matter, your budget, and your need for personalized legal advice and representation. For complex or critical legal issues, seeking the assistance of an attorney is often the wisest course of action, while Self-Help Legal Service can be a suitable option for simpler, routine legal tasks.

Yes, a will is essential for everyone, regardless of the size of your estate. Here's why: 1. Asset Distribution: A will allows you to control how your assets and property are distributed after your death. Without a will, state laws decide who inherits your property and this may not align with your wishes. 2. Guardianship for Minor Children: If you have minor children, a will is crucial for naming a guardian to care for them if you’re unable to do so. 3. Avoiding Family Disputes: A well-drafted will can prevent conflicts among family members by clearly outlining your intentions. 4. Choosing an Executor: You can appoint a trusted person to manage your estate and carry out your wishes in your will. 5. Peace of Mind: A will provides the peace of mind that your affairs will be handled according to your wishes after your passing. 6. Efficient Probate Process: A will can streamline the probate process. While probate is still required with a will, having one can make it more straightforward, potentially saving time and money, especially in Texas. Surprisingly, Texas has one of the best probate systems in the country. So, a will not only gives you control over your legacy but also ensures that your values and priorities are honored and ensure your loved one’s peace of mind even after your passing.

A will and a trust are both estate planning tools, but they serve different purposes and have distinct characteristics. Here are the key differences between a will and a trust: 1. Distribution of Assets - Will: A will outlines how your assets should be distributed after your death. It specifies who receives what, and it becomes effective upon your passing. - Trust: A trust can hold and manage your assets during your lifetime and after your death. It can provide for the distribution of assets according to specific instructions you set forth. A trust can be effective both during your lifetime (living trust) and after your death (testamentary trust). 2. Probate - Will: Assets distributed through a will typically go through the probate process, which is a court-supervised process for validating the will and distributing assets. Probate can be time consuming and may involve legal fees. - Trust: Assets held in a trust generally avoid probate, leading to a quicker and more private distribution of assets. This can also save on probate costs. 3. Privacy - Will: Wills are public documents. When your will goes through probate, its contents become part of the public record, allowing anyone to access the details of your estate plan. - Trust: Trusts provide more privacy because they usually don't become part of the public record. Your instructions and asset distribution remain private. 4. Management During Incapacity - Will: A will has no authority during your lifetime. It only comes into effect after your death, so it doesn't help manage your affairs if you become incapacitated. - Trust: A living trust can be used to manage your assets if you become incapacitated. You can appoint a successor trustee to handle your affairs without the need for court intervention. 5. Flexibility - Will: Wills are relatively straightforward and are primarily used for asset distribution. However, Wills are easy to change and update. - Trust: Trusts can offer more flexibility. They can be used for various purposes, such as providing for minor beneficiaries, managing complex asset portfolios, and distributing assets gradually over time. However, they can be hard to change once signed. 6. Cost - Will: Creating a will is less expensive than setting up a trust. However, the costs associated with probate may offset some of the initial savings. - Trust: Setting up a trust can be substantially more expensive upfront, but it can lead to some cost savings by avoiding probate. However, it is likely that you will have to involve an attorney when the person that set up the trust dies. The choice between a will and a trust depends on your specific financial situation, estate planning goals, and personal preferences. Many people use a combination of both, with a will to handle certain assets and a trust for others, to achieve a comprehensive estate plan. It's essential to consult with an estate planning attorney to determine the best approach for your needs.

No, probate is not expensive if you have a properly drafted and executed will. For a normal estate, a will can be probated for about $3,500.

Not sure which package suits your needs? No worries! For estate planning, our packages usually suit most families as they include a will, powers of attorney, a physician's directive, and more. For other needs, the right choice can vary. We recommend going through the details of each package to make an informed decision. If you still have doubts, feel free to reach out. We can set up a quick Zoom call or phone chat to help you decide. That's the Curbside Attorney difference—we're here to guide and advise you, unlike self-help services like Self-Help Legal Service or Mama Bear.

If you have a question about completing our questionnaires, we’re here to help. We are available to answer any questions either by email, phone, or zoom conference. Just reach out to us and we’ll help you

After you purchase a package, we generally ask our clients to complete the process within 3 months. However, if you need longer, that is your choice. However, if you take longer than 3 months we may have to charge you a “reinstatement” fee.

Yes! Just make this selection when you check out.

When an 18-year-old or a new adult goes to college, there are several important estate planning documents they should consider having in place, even though they may not have substantial assets. These documents help protect their interests and ensure their wishes are respected in case of unexpected events. Here are the key estate planning documents: 1. Medical Power of Attorney (Healthcare Proxy): This document allows the individual to designate someone (usually a parent or trusted relative) to make medical decisions on their behalf if they become incapacitated and cannot communicate their wishes. It's important, especially if the student is away from home and needs medical care. 2. Durable Power of Attorney: A durable power of attorney authorizes someone to handle financial and legal matters on their behalf if they are unable to do so. This is helpful if the student needs someone to manage their finances while they are away at college. 3. HIPAA Authorization: The Health Insurance Portability and Accountability Act (HIPAA) restricts the sharing of medical information. A HIPAA authorization allows the individual to specify who can access their medical information, which can be crucial in emergencies. Just because you’re their parent, doesn’t mean a hospital or doctor will release private health care information to you. 4. Living Will (Advance Healthcare Directive): A living will outlines an individual's preferences for end-of-life medical care. It informs healthcare providers and family members about their wishes regarding life-sustaining treatments in the event of terminal illness or irreversible coma. 5. Optional - Will: Even if a young adult has limited assets, having a simple will can specify their wishes for any possessions they do have. It can also name an executor to handle their affairs and express their preferences for the distribution of personal items. Also, it’s a great way to get them comfortable with estate planning because it is a life-long process.

In short, it’s very easy. Since we’ve done your documents, we can amend them whenever you need them at very affordable prices. That’s part of what you’re getting with Curbside Attorney – a relationship with an attorney and a law firm!

Estate planning is not a singular event but an ongoing process. It requires periodic reviews and updates in response to significant life events. Changes in your career, marital status, or the birth of a child, for instance, may necessitate alterations in your estate plan. It is essential to review and adjust your documents as needed to ensure they continue to reflect your circumstances and preferences accurately.

We provide several convenient options for you to sign your documents. You can choose to sign them independently using our provided instructions. Alternatively, you can visit our main office in Westlake for assistance. However, many of our clients prefer the ease of swinging by Joel's residence in Circle C and signing their documents from the comfort of their own car!

Upon completion of our legal services, you will receive your original, signed documents. We strongly advise that you make digital backups of these documents by scanning them and storing them on a secure cloud-based platform such as Box, Dropbox, OneDrive, or Google Drive. This digital backup ensures you can access your documents from anywhere at any time. As for the original hard copies, we recommend storing them in a secure location at your home that is not frequently accessed by others. Avoid common areas like the kitchen. Many individuals opt for fire-proof safes or safety deposit boxes for added security. The key is to store them safely and ensure your loved ones are aware of their location.

Hiring a lawyer and using an online Self-Help Legal Service are two distinct approaches to handling legal matters, each with advantages and limitations. Here's a comparison: 1. Legal Expertise: - Using Curbside Attorney: When you use Curbside Attorney, you are hiring a lawyer, and you're getting the expertise of a trained legal professional who can provide personalized advice, representation, and solutions tailored to your specific situation. Lawyers can offer legal strategies, negotiate on your behalf, and represent you in court if necessary. - Self-Help Legal Service: Self-Help Legal Services provide document preparation services and access to legal forms but does not offer legal advice or representation. While Self-Help Legal Service can help you generate legal documents, it provides a different level of personalized guidance than a lawyer can offer. 2. Complex Legal Matters: - Using Curbside Attorney: We are real lawyers and regularly handle complex legal matters, such as probate disputes, family law disputes, business transactions, and estate planning. We have the knowledge and experience to navigate intricate legal issues and provide comprehensive legal solutions. Even if you have a matter that does not fit our fixed-fee products, we can still help through our full-service law firm, Levatino Pace PLLC. - Self-Help Legal Service: Self-Help Legal Services are more suitable for straightforward legal matters, like creating simple wills, forming basic business entities, or filing routine documents when you know what you are doing. It may not be suitable for cases with intricate legal requirements. 3. Cost: - Using Curbside Attorney: We’re not going to lie - legal representation by a lawyer can be costly, as lawyers typically charge hourly fees or flat rates, which can add up quickly, especially for complex cases or extended legal processes. However, for our fix-fee products and services, Curbside Attorney is very affordable, and we offer financing through credit cards and PayPal. - Self-Help Legal Service: Self-Help Legal Service often offers lower-cost document preparation services – but not legal advice or representation. Online Self-Help Legal services can be a cost-effective option for basic legal needs. Where they are lacking is customizing their services to your needs or if you have an unusual situation. 4. Personalized Guidance: - Using Curbside Attorney: Our lawyers can provide one-on-one consultations and personalized guidance if needed. They can answer your questions, address concerns, and adapt legal strategies to your circumstances. - Self-Help Legal Service: Self-Help Legal Service provides general information and templates, but it doesn't offer personalized advice – they can’t. That would be the unauthorized practice of law, and it is illegal. You're responsible for understanding and completing the documents correctly, and only you are responsible if you make a mistake. 5. Representation in Court: - Using Curbside Attorney: A lawyer is essential if your legal matter requires court representation, such as in a lawsuit or family law case. We can advocate for you in court, present evidence, and argue. - Self-Help Legal Service: Self-Help Legal Service does not provide representation in court. It's primarily a document preparation service. 6. Speed and Convenience: - Self-Help Legal Service: Self-Help Legal Service can be a quicker and more convenient option for generating essential, standard legal documents. You can access and complete forms online at your own pace. - Using Curbside Attorney: We are quick and convenient for our fixed fee products and services. You can complete your project at your own pace, and we can even expedite projects depending on the circumstances. If your project falls outside our fixed-fee products and services, more time can be spent scheduling appointments and waiting for responses. In summary, choosing between a Curbside Attorney and a Self-Help Legal Service depends on your legal matter's complexity, budget, and need for personalized legal advice and representation. For complex or critical legal issues, seeking the assistance of an attorney is often the wisest course of action. At the same time, Self-Help Legal Services can be a suitable option for more straightforward, routine legal tasks.

The Texas will probate process is the legal procedure for validating a deceased person's will and distributing their assets according to their wishes. Here's a simplified overview: 1. Filing: The process typically begins with the executor (named in the will) or an interested party filing the will in the appropriate county probate court. If there's no will, the court will handle the estate through intestate succession. 2. Notification: The court notifies beneficiaries and potential heirs about the probate proceedings. 3. Appointment of Executor: The court reviews the will and, if it's deemed valid, appoints the executor. If no executor is named, the court will appoint an administrator. 4. Inventory and Appraisal: The executor compiles an inventory of the deceased's assets and has them appraised. This helps determine the estate's value. 5. Debts and Taxes: The estate's debts and taxes, including estate taxes (if applicable), are paid from the estate's assets. 6. Distribution: After debts and taxes are settled, the remaining assets are distributed to the beneficiaries as specified in the will or according to state law if there's no will. 7. Closing the Estate: Once all assets are distributed and any remaining legal matters are resolved, the court closes the estate. It's important to note that the complexity of the probate process can vary based on factors such as the size of the estate and whether there are disputes among beneficiaries. Consulting with an attorney who specializes in estate law is often advisable to navigate the Texas probate process effectively.

If you have a properly drafted will, no probate is not expensive. The general cost for a simple probate with a will where there are not disputes is about $3,500. If you do not have a will, and there is an intestate probate, it can be expensive. An intestate probate requires an heirship proceed as well as the probate of the estate. The cost for an heirship and a intestate probate can easily exceed $5,000 or more. And, if you have a disputed estate, disputed claims, competing Wills, or disgruntled stepparents or siblings, probate dispute can become quite expensive and it is impossible to predict how much such a proceed may cost.

Typically, an uncontested probate of a properly drafted will can be completed within 4 to 6 months. However, the executor can usually be appointed within 30 to 45 days, allowing for the distribution of property to commence within 60 days. Please note that there is a longer period allowed for creditors to file claims.

When a person passes away without a will, their estate falls under the rules of the Texas Estates Code. Not all such estates require probate, but if it's necessary, two separate proceedings must be filed: an heirship determination and an application to appoint an estate administrator. The first step is to identify the legal heirs according to the Code. A court-appointed attorney will represent unknown heirs and investigate the decedent's family situation. Once the heirs are confirmed, a Judgment of Heirship is signed. The court then appoints an administrator. If they're "dependent", they must seek court approval for their actions. If they're "independent", they have more freedom and act similarly to an executor. Generally, handling an intestate estate, including both heirship determination and administration, takes around 5-9 months. This can vary depending on the estate's unique circumstances, such as debts or disputed claims.

If you have a properly drafted and executed will, the general cost for a simple probate with a Will where there are no disputes is about $3,500.

In general, the costs associated with a contested probate process are higher than an uncontested one. While it's challenging to provide an exact figure without knowing the specifics of the case, an estimated range might be between $4,000 and $6,000. However, it's crucial to note that costs can increase in situations with multiple disputed issues or complexities.

Non-probate assets refer to those assets that bypass the probate process and pass directly to the designated beneficiaries upon your death. Common non-probate assets include retirement accounts like IRAs and 401ks, bank accounts, and investment accounts, provided they have designated beneficiaries. Similarly, bank or financial accounts held jointly with rights of survivorship automatically pass to the surviving owner upon your death. If you don't make a designation for these accounts, they will be incorporated into your estate and distributed according to your will or the state's intestacy laws.

In order to transfer real estate, you have to prepare, sign, and record a deed in the property records of the county where the property is located. Deeds come in different types – general warranty deeds, special warranty deeds, executor’s deeds and others.

A Transfer on Death Deed, also known as a TOD deed, is a document that allows you to pass property directly to a designated person or entity upon your death, bypassing the probate process. Here are its key features: 1. Owner Control: You maintain full rights over your property during your lifetime, including the ability to sell or transfer it. 2. Probate Avoidance: The property is transferred directly to the beneficiary, avoiding probate. 3. Revocable: You can change or revoke the TOD deed at any time during your lifetime. 4. Beneficiary Designation: You must specify the beneficiary in the TOD deed. They only gain ownership of the property after your death. 5. Recording: To be legally effective, the TOD deed must be recorded with the county recorder's office or similar government entity.

In our opinion, yes. Construction projects can be complex, especially at your home. Also, a contractor or subcontractor’s lien is one of the few claims in Texas that can threaten ownership of your home. Also, there are a lot of unscrupulous contractors out there that ask for large deposits and then disappear. However, there are some considerations to keep in mind: 1. Project Complexity: If your project is relatively simple, such as updating countertops and cabinets, it may not require legal scrutiny. However, if your contract has no contract and only wants to use a “estimate” as their contract, you should involve an attorney. 2. Contract Clarity: Make sure the contract is clear and includes important details such as the scope of work, materials to be used, project timeline, payment schedule, and warranties. If any terms are unclear or seem unfair, consider discussing them with the contractor before signing. If not, then involve an attorney. 3. Insurance: Any contractor working on your home must be insured with a commercial general liability insurance policy. The contract should require this. 4. Payment and Change Orders: Be cautious of any contractor who asks for a large upfront payment before work begins. Our rule is to never pay ahead for labor, but paying for materials ahead of time is okay within limits. Payment should be tied to project milestones. Additionally, clarify how changes to the project scope or additional work will be handled. 5. Warranty and Dispute Resolution: Ensure the contract includes warranties for workmanship and materials, and a clear dispute resolution process in case issues arise. 6. Permits: Determine whether the contractor will handle obtaining necessary permits or if you'll be responsible for this task. If your project is more complex, involves substantial changes to the structure, or has a high budget, it is vital to consult with an attorney. Legal advice can be particularly valuable when dealing with larger and more intricate projects to protect your interests and ensure the contract adequately addresses your needs. Ultimately, it's essential to read any contract carefully, ask questions, and address any concerns with the contractor before signing. While an attorney's review can provide peace of mind, it may not be cost-effective for smaller and straightforward remodeling projects.

Yes. Having a written contract that covers the essential terms of the project will provide clarity, avoid disputes, and protect you from bad contractors.

Retainage is a portion of the contractor's payment that the project owner holds back until the work is satisfactorily completed. This practice serves as a guarantee that the contractor will finish all required tasks, including any final touch-ups. Also, retainage protects the owner from claims by subcontractors and suppliers if the contractor fails to pay them. If retainage is properly withheld on the project, the Owner’s liability for unpaid subcontractors and suppliers is limited to the retainage. In Texas, retainage laws are defined in Chapter 53, Subchapter D, of the Texas Property Code. Key provisions include: 1. Maximum Retainage: Texas law caps retainage at 10% of the contract price. 2. Release of Retainage: Retainage must generally be released within 30 days after substantial completion of work, given the contractor has submitted all required paperwork. 3. Punch List Items: Retainage can be withheld to cover the cost of completing punch list items, assuming the contractor provides a written list of these items within a specified time. 4. Interest on Retainage: If retainage is not released on time, the Property Code allows for interest to be charged on the owed amount. 5. Alternative Agreements: Parties can agree on different retainage terms, provided they are in writing and mutually accepted. Often, contractors demand the owner waive retainage. If you chose to do so, it is imperative that you require the contractor to provide lien waivers for each payment you make to them.

It varies by project, but generally, a deposit should not exceed 10% of the project amount. If a contractor wants more, you should consult with an attorney to make sure your contract is fair and adequately protects you.

Fixed fee and cost-plus construction contracts are two common types of contracts used in the construction industry, and they differ in how the contractor's compensation is determined. These differences can have significant implications for project costs, risk allocation, and the parties involved. Here's an overview of the key distinctions between the two types of contracts in the context of Texas: 1. Fixed Fee Construction Contract: - Pricing Structure: In a fixed fee (also known as lump-sum) construction contract, the contractor agrees to perform the specified work for a predetermined fixed price. This price is typically determined through competitive bidding or negotiation before the project begins. - Budget Certainty: One of the primary advantages of a fixed fee contract is that it provides budget certainty for the owner. The owner knows upfront how much the project will cost, and any cost overruns are the contractor's responsibility unless they result from changes initiated by the owner. - Risk Allocation: The contractor bears the risk of cost overruns due to unforeseen conditions, changes in scope, or delays that are not the owner's fault. This means the contractor must carefully estimate and manage project costs. - Incentive for Efficiency: Since the contractor is paid a fixed amount, there may be an incentive to complete the project efficiently and within budget to maximize profits. 2. Cost-Plus Construction Contract: - Pricing Structure: In a cost-plus construction contract, the owner agrees to reimburse the contractor for the actual costs of labor, materials, equipment, and overhead, plus a predetermined fee (often a percentage of costs). The total cost is not known until the project is complete. One of the new trends we’re seeing is contractors trying to change additional fees for things like “project overhead,” and a monthly “supervision fee.” We believe these fees are generally excessive and should be avoided. These fees are typically included in the contractor’s fee. - Budget Uncertainty: Cost-plus contracts may lead to budget uncertainty for the owner since the final project cost is not determined until all expenses are known. - Risk Allocation: The owner bears the risk of cost overruns, as they are responsible for paying the actual costs incurred during the project, including any overages. The predetermined fee paid to the contractor is typically meant to cover the contractor's profit and overhead. - Transparency: Cost-plus contracts often provide more transparency into project costs, as the owner has access to detailed records of expenses. - Flexibility: Cost-plus contracts can be more flexible when changes or unforeseen circumstances arise during construction, as the parties can adjust the scope and costs accordingly. In Texas, as in many other states, both fixed fee and cost-plus contracts are commonly used in the construction industry. The choice between the two depends on factors such as the complexity of the project, the owner's risk tolerance, the level of budget certainty desired, and the relationship between the parties involved. Regardless of the contract type, it's crucial to have a well-drafted contract that clearly defines the terms, conditions, payment structure, and dispute resolution mechanisms to avoid misunderstandings and disputes during the construction process. Consulting with a legal professional with expertise in construction contracts is advisable to ensure that the contract aligns with your project's specific needs and complies with Texas construction laws and regulations.

Maybe, but it is difficult. In Texas, contractors, subcontractors, and material suppliers can secure lien rights on a property under the Texas Property Code and the Texas Constitution. However, for a homestead, the lien's validity depends on strict compliance with legal requirements. Under Texas Property Code Section 53.254, a written contract must be executed before any labor or material is provided. If the owner is married, both spouses must sign the contract. This contract must be filed with the county clerk of the county where the homestead is located. The Texas Constitution also offers homestead protections. Under Article XVI, Section 50, any work or material used in constructing new improvements or repairing existing ones must be contracted for in writing and signed by both spouses, if it's a family homestead. The contract must also meet several other specific conditions. Failure to meet these requirements may render a lien invalid. It's crucial for contractors and homeowners to understand these rules to protect their rights.

If your contractor or a subcontractor has filed a lien on your property, you have several options for how to respond: 1. Pay the contractor’s claim and get a release. 2. If you believe the lien is invalid because they did not comply with the requirements to fix a lien on your property, you can file a Motion/Petition to Summarily Remove the Lien. 3. You can file suit to declare the lien invalid and be removed. 4. You can do nothing and wait and see if the contractor will file suit to foreclose the lien. They have one year from the date of filing to file suit or the claim is barred.

First, unless your contract has a termination for convenience clause (which means you don’t need a reason to part ways with your contractor), you need to have a valid basis for termination. A homeowner may have valid reasons to terminate their contractor for various causes, but it's essential to follow any legal contracts and local regulations governing such terminations. The specific reasons for termination can include: 1. Breach of Contract: If the contractor fails to meet the terms and conditions outlined in the contract, such as not completing the work on time, using substandard materials, or deviating significantly from the agreed-upon plans, the homeowner may have grounds for termination. 2. Quality of Work: If the work performed by the contractor is subpar, not up to industry standards, or doesn't meet the specifications outlined in the contract, the homeowner may have a legitimate reason to terminate the contract. 3. Failure to Obtain Permits: If the contractor fails to obtain the necessary permits for the work, this can be a breach of contract and a valid reason for termination. 4. Safety Concerns: If the homeowner has concerns about the safety of the construction site, subpar safety practices, or unsafe work conditions, this can be a reason for termination. 5. Non-Payment of Subcontractors or Suppliers: If the contractor fails to pay subcontractors or suppliers, the homeowner may be liable for unpaid bills and can terminate the contract as a result. 6. Constant Delays: Frequent and unjustified delays in the project's timeline can be frustrating and costly for homeowners. If the delays are excessive, it may be a reason to terminate the contract. 7. Abandonment: If the contractor abandons the project without notice or explanation, the homeowner may have the right to terminate the contract. 8. Unresolved Disputes: If disputes arise between the homeowner and the contractor that cannot be resolved through negotiation or mediation and these disputes hinder the project's progress, it may lead to contract termination. 9. Financial Issues: If the contractor faces financial problems that prevent them from completing the project as agreed, such as bankruptcy or insolvency, the homeowner may need to terminate the contract. 10. Misrepresentation: If the contractor made false statements or misrepresentations about their qualifications, licenses, insurance, or experience, the homeowner may have a reason to terminate the contract. 11. Termination Clause: Some contracts include termination clauses that specify conditions under which either party can terminate the agreement. If such a clause exists and the specified conditions are met, termination may be straightforward. When terminating a contract, it's crucial for the homeowner to follow the contract's termination procedures, which may include providing written notice and allowing the contractor an opportunity to rectify the issues. Legal advice should be sought to ensure that the termination is conducted in accordance with applicable laws and the contract terms. Terminating a contract can have legal and financial implications, so it's a decision that should be made carefully and in consultation with legal counsel if necessary.

We always recommend photographing and videoing any work your believe is defective. It preserves the evidence in case it is needed.

The Residential Construction Liability Act (RCLA) is a Texas law that provides a structured process for resolving residential construction defect disputes. Key aspects include: 1. Applicability: It's applicable to residential construction projects such as single-family homes and certain multifamily units. 2. Notice and Repair: Homeowners must provide written notice of any alleged construction defects to the builder before initiating legal action, giving the builder a chance to inspect and repair them. 3. Alternative Dispute Resolution (ADR): If disputes can't be resolved through negotiation or repair, the RCLA encourages mediation or arbitration. 4. Statute of Limitations: The RCLA sets specific deadlines for initiating legal action for construction defects. 5. Remedies and Liability: Homeowners may pursue remedies under the RCLA or other laws, but usually not both. The RCLA also limits liability for some parties involved in construction. 6. Attorney's Fees: The RCLA allows prevailing parties to recover their attorney's fees and costs. Given its complexity, it's important to seek legal counsel when dealing with construction defect issues to ensure compliance with the RCLA and other relevant laws.

It's highly recommended to have a lawyer review your contract and paperwork when buying a new home for various reasons: 1. Contract Complexity: Lawyers can help you understand complex legal terminology in the contract and highlight any hidden clauses. 2. Legal Expertise: Lawyers have the necessary knowledge to identify potential legal issues in the contract that may not be apparent to you. 3. Protecting Your Interests: Lawyers can ensure the contract is fair and negotiate changes to protect your legal and financial interests. 4. Compliance with Laws: Lawyers can ensure the contract meets all local and state legal requirements. 5. Reviewing Contingencies: Lawyers can review and explain the importance of contingencies in the contract, ensuring your protection. 6. Warranty Provisions: Lawyers can ensure warranty provisions are comprehensive and protect you from future problems. 7. Financial Terms: Lawyers can review financing terms to ensure they align with your financial abilities. 8. Title and Ownership: Lawyers can help to ensure the property's title is clear and free of any disputes. 9. Dispute Resolution: Lawyers can provide advice if disputes arise, potentially avoiding costly litigation. Investing in legal counsel when buying a new home can protect you from potential legal issues, financial risks, and future disputes, and save you a lot of money.

Yes, having an attorney review a home purchase contract is wise for several reasons: 1. Complex Legal Language: An attorney can decipher complex terms and conditions, ensuring you fully understand what you're agreeing to. 2. Protection of Your Interests: An attorney's duty is to protect your legal and financial interests. They can review the contract and negotiate any one-sided or disadvantageous clauses. 3. Compliance with Laws: An attorney can ensure the contract meets all local and state legal requirements, preventing future legal issues. 4. Contingencies and Conditions: An attorney can ensure that all contingencies and conditions are clearly defined and protect you if they are not met. 5. Financial Terms: Your attorney can review the financial terms to ensure they match your expectations and budget. 6. Disclosure Requirements: An attorney can ensure the seller has provided all necessary disclosures about the property's condition. 7. Title and Ownership Issues: An attorney can perform a title search to confirm that the property's title is clear and free of any issues. 8. Handling Disputes: If disputes arise, an attorney can provide legal advice, potentially avoiding costly litigation. 9. Negotiation Skills: Attorneys can negotiate with the seller to reach favorable terms on issues such as repairs, credits, or contract changes. 10. Peace of Mind: Knowing a legal professional has reviewed the contract can provide peace of mind, reducing the stress of real estate transactions. 11. Customization: If you want to add or modify specific provisions or clauses, an attorney can draft these changes to ensure they are legally valid and enforceable. In summary, an attorney can protect your interests, ensure legal compliance, and provide peace of mind during the homebuying process. The investment in legal counsel can save you from potential legal issues and financial risks.

Forming an LLC (Limited Liability Company) or a corporation in Texas involves several steps and legal requirements. Here's a general outline of the process for both entity types: Forming an LLC in Texas: 1. Choose a Name: Select a unique name for your LLC that complies with Texas naming rules. We can check name availability with the Texas Secretary of State's online database. 2. Designate a Registered Agent: Appoint a registered agent who will receive legal documents on behalf of the LLC. The registered agent must have a physical address in Texas. 3. File Certificate of Formation: Prepare and file the Certificate of Formation with the Texas Secretary of State. The normal filing fee is $300, and we always recommend expediting the filing for an extra $25.00. 4. Create an Operating Agreement or Company Agreement: Although not required by the state, it's highly recommended to create an Operating Agreement, which outlines the management structure and operating procedures of the LLC. This is an internal document that an attorney can help you draft. 5. Obtain an EIN: Apply for an Employer Identification Number (EIN) from the IRS. This number is essential for tax purposes and opening a business bank account. 6. Pay State Franchise Tax: Depending on your LLC's gross receipts, you may need to pay the Texas franchise tax. The Comptroller of Public Accounts will provide guidance on this requirement. Forming a Corporation in Texas: 1. Choose a Name: Select a unique name for your corporation that complies with Texas naming rules. You can check name availability with the Texas Secretary of State. 2. Appoint Directors: Corporations are managed by a board of directors. You need to appoint at least one director. You should also designate officers (e.g., president, secretary, treasurer). 3. Designate a Registered Agent: Appoint a registered agent who will receive legal documents on behalf of the corporation. The registered agent must have a physical address in Texas. 4. File Certificate of Formation for a For-Profit Corporation: Prepare and file the Certificate of Formation for a For-Profit Corporation with the Texas Secretary of State. 5. Create Corporate Bylaws: Draft corporate bylaws that outline the corporation's internal governance structure and procedures. Bylaws are not submitted to the state but are important for internal operations. 6. Hold Initial Board Meeting: Hold an initial board of directors meeting to adopt bylaws, appoint officers, and complete other organizational tasks. 7. Obtain an EIN: Apply for an Employer Identification Number (EIN) from the IRS. This number is necessary for tax purposes and opening a business bank account. 8. Pay State Franchise Tax : Corporations in Texas are subject to the state franchise tax. The Comptroller of Public Accounts will provide guidance on this requirement. Both LLCs and corporations in Texas require ongoing compliance with state and federal regulations, including annual reporting and tax filings. It's advisable to consult with an attorney or business advisor to ensure that you follow all legal requirements and understand the implications of your choice between an LLC and a corporation for your specific business needs.

A sole proprietorship in Texas is one of the simplest forms of business ownership. It is not a separate legal entity like a corporation or an LLC (Limited Liability Company). Instead, a sole proprietorship is essentially an unincorporated business that is owned and operated by a single individual. Here are some key characteristics of a sole proprietorship in Texas: 1. Ownership: In a sole proprietorship, there is only one owner who is personally responsible for all aspects of the business, including its profits and losses. 2. Legal Structure: Unlike corporations and LLCs, which are separate legal entities, a sole proprietorship has no distinct legal existence apart from the owner. 3. Liability: One significant aspect of a sole proprietorship is that the owner has unlimited personal liability for the business's debts and legal obligations. This means that the owner's personal assets, such as their home and savings, are at risk if the business cannot meet its financial obligations. 4. Simplicity: Sole proprietorships are easy to set up and have minimal ongoing formalities and administrative requirements. In Texas, you don't need to file any formal paperwork with the state to establish a sole proprietorship. 5. Taxation: The income and expenses of the business are generally reported on the owner's personal tax return (Form 1040) using Schedule C. This means that the business's profits are taxed at the individual tax rate of the owner. 6. Control: The owner has full control over all aspects of the business, from decision-making to day-to-day operations. 7. Flexibility: Sole proprietors have flexibility in managing their business affairs and can make decisions quickly without needing to consult with partners or shareholders. 8. Limited Growth Potential: While sole proprietorships are suitable for small, owneroperated businesses, they may have limited growth potential compared to other business structures like corporations. 9. Funding: Financing options for sole proprietorships are often limited to personal savings, loans, or investments from the owner's personal funds. 10. Continuity: The business does not have a separate existence, so if the owner retires, becomes incapacitated, or passes away, the sole proprietorship may cease to exist unless there is a plan in place for its continuation or transfer. It's important to note that while forming a sole proprietorship in Texas is relatively straightforward, there are legal and tax implications that should be considered. For example, the owner may need to obtain the necessary permits or licenses, and they should be aware of their personal liability exposure. Additionally, consulting with a business attorney or accountant is advisable to understand the specific legal and tax implications of operating as a sole proprietorship in Texas. How expensive is it to form an LLC or corporation? Generally, to form and properly set up an LLC or corporation cost about $1,500 to $2,500 depending on your circumstances. If you have other questions, contact Joel, Erin, or Lee