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Section 27.01 of the Texas Business and Commerce Code is titled “Fraud in Real Estate and Stock Transactions.” The statutory private cause of action referenced therein is commonly referred to as “Statutory Fraud,” as opposed to regular common law fraud. The elements of the common law tort of fraud or negligent misrepresentation are extremely similar […]

Real estate investors often enter into joint ventures on a project-by-project basis. These tend to arise ad hoc and without significant planning. Sometimes the party with money finds a contractor and decides to enter into a profit-sharing arrangement instead of or on top of the normal payment for labor and materials. Other times, the wholesaler

In traditional owner-finance, the seller deeds the property to the buyer and retains a vendor’s lien in the property to secure the repayment of the loan to the buyer. The buyer becomes the legal, deeded owner of the property. If the buyer fails to pay the loan, then the seller may foreclose on the loan.

In Texas, most foreclosures are conducted by the trustee under a deed of trust without the involvement of a court. However, many types of loans require the use of special procedures involving the Texas court system. This article seeks to summarize these various types of loans and provide citations to the relevant laws governing the

Disputes regarding residential construction defects require the use of special procedures. Homeowners and developers must understand and utilize the procedures in the Texas Residential Construction Liability Act (“RCLA”) (Tex. Prop. Code §§ 27.001 to 27.007), particularly the pre-litigation notice and settlement offer procedures. The definition of a “construction defect” (found in Tex. Prop. Code §