Home Buyer Beware!
When a home is built the purchaser normally hires the services of a contractor to do the job efficiently, in a workman like manner, and within a specified time-period.For the first-time home buyer this can be a cumbersome task.It is important that contracts are reviewed carefully.
Many first time home buyers do not realize that some contractors use their own form contracts that mostly protect only the home builder should problems arise.These contracts can severely limit the rights of the purchaser.One such problem is the Mechanic’s Lien which, by law, will attach the buyer’s property to his contractor or potential subcontractor.
For every major contracting job that a contractor, subcontractor or supplier engages in, the law permits, subject to proper guidelines and rules, the filing of a mechanics lien on the property of the homeowner When a contractor hires a subcontractor or supplier, even though that subcontractor or supplier is under agreement with the contractor, under law, if unpaid and properly filed, a subcontractor may also attach a lien to the homeowner’s property in their own right. In some circumstances, despite the fact that the homeowner paid the contractor, should the contractor fail to pay the subcontractor or supplier, the homeowner may still be taken to court for enforcement of the mechanics liens and sale of their home to pay the lien(s).While the excitement of moving into a new home is something the buyer looks forward too, many home buyers are finding that they are moving into a home where the property has already been attached by Mechanics Liens.
There are several ways you can protect your home:
1.Hire a reputable contractor.
2.Ask for a detailed agreement.
3.Have the agreement reviewed and fairly modified by an attorney.
4.Incorporate specific deadlines.
5.Issue separate checks.
6.Comply with retainage law clause to acquire some level of relief if liens are filed.
7.Ask for receipts of payment.
8.Get lien waivers.
9.Make final payments and retainage payments only after physical receipt of all lien waivers.
The Nacol Law Firm PC
Law office of Attorney Mark Nacol
Serving clients in the Dallas – Fort Worth Metroplex area for over 30 years
Tel: 972-690-3333
Protect Your Texas Business : Texas Business Agreements
At The Nacol Law Firm PC, in Dallas, Texas, we offer legal services related to a range of business transactions for entrepreneurs and commercial enterprises of all sizes in the Dallas–Fort Worth Metroplex and surrounding counties.
The business transactions our law firm handles include:
- Entity selection
- Business structure counseling
- Contract negotiations and drafting
- Partnership/shareholder/licensing/supplier agreements/ non-disclosure and anti-compete agreements
- Warranty development
- Mergers and acquisitions
- Trademark and trade name applications and registrations
- Business governance
- Business succession planning
- Corporate, LLP, and LLC organization
When you turn to our firm for legal help with crucial business transactions, it is a wealth of experience gives our attorneys an edge in preparing sound transaction documents crafted to protect your best interests and avert future conflicts and liability.
For more information on business transactions, from Dallas Business Attorneys at the Nacol Law Firm, contact us today at (972) 690-3333.
Contesting a Will in Texas
Typically, standing to contest the validity of a Will is limited to two classes of persons:
1) a person who is named on the face of the Will (i.e. any beneficiary); and 2) a person who would inherit from the testator if the Will was invalid.
The most common grounds, or reasons, for contesting a Will are:
- Undue influence – is an equitable doctrine, which involves one person taking advantage of a position of power over another person. In such cases, free will to bargain is not possible.
- Duress
- Election against the Will by a widowed spouse or orphaned children
- Fraud – a deception made for personal gain or to damage another individual
- Insane delusion
- Testamentary capacity (same as a lack of disposing mind and memory) – in the common law tradition, testamentary capacity is the legal term used to describe a person’s legal and mental ability to make a valid Will. This concept has also been called sound mind and memory.
Adults are presumed to have the ability to make a will. Litigation about testamentary capacity typically revolves around charges that the testator, by virtue of senility, dementia, insanity, or other unsoundness of mind, lacked the mental capacity to make a will. In essence, the doctrine requires those who would challenge a validly executed will to demonstrate that the testator did not know the consequence of his conduct when he executed the will.
Certain people, such as minors, are conclusively deemed incapable of making a will by the common law; however, minors who serve in the military are conceded the right to make a will by statute in many jurisdictions.
Why Texas Employment Agreements Are Critical
Texas is an “At Will” state which gives few rights to an employee that are not created by statute or governed by labor regulations. At-will employees can be terminated for any reason, as long as the reason is not in violation of specific statues or is due to failure or refusal of the employee to commit an illegal act during employment. An Employment Contract is of critical importance in order to create equal rights and obligations that are enforceable. An employment contract must directly limit the employer’s right to terminate an employee without due cause or provide for a “term” of employment that is firm. In the employment contract the employer should unequivocally indicate that termination of the employee’s job will only occur in specific defined circumstances. This contract may also set out the terms on which a company hires an individual or an individual hires a company. If properly prepared, this contract is a legally binding agreement in Texas and is enforceable in a court of law.
In Texas, an oral employment agreement with a term less than one year in duration or which can be fully performed within one year, is generally binding.
Contract terms can flow from a number of sources which may include the following:
• Verbal agreements
• Agreements in writing or document form
• Agreements required by law
• Implied – not written but mutually understood to exist
• An offer letter
• An employee handbook
• A company notice board
• Collective agreements
• Emails
• Faxes
Wrongful dismissal is a breach in the way the employee is dismissed, i.e. without being given proper notice or following the procedures as terms or rights set out in the employment contract.
In order to modify a contract, there must be a subsequent agreement between the parties. Under certain circumstances, the employer may need to make changes to the contract because of economic circumstances. Things that might may be modified include:
• Rate of pay
• Work time
• Duties and responsibilities
• Work Location
• Correcting an error in the contract
• Disciplinary action – check disciplinary procedures to make sure this is done properly
Employees may ask for a change in a contract to:
• Improve their work environment
• Get a raise in pay
• Get more vacation or holiday time
• Change work hours
A breach of the contract occurs when either the employer or the employee violates a condition or term in the contract. A breach may be the result of a verbal or an oral (implied) agreement. If you think a breach of contract has occurred, it is best to take the problem to the employer first and attempt to work out a solution. If you decide to take legal action, remember you will need to prove financial loss in order to receive compensation. Legal action may prompt the employer to counter sue, if the employer thinks it has legal ground. An employer has the legal right to sue the employee for damages just as the employee has the right to sue the employer.
Civil Litigation and The Road to Trial
Dallas Texas Board Certified Attorney, Mark A. Nacol, talks about
Civil Litigation and the process leading up to a Civil Trial.
NACOL LAW FIRM P.C.
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Suite 1190
Dallas, Texas 75231
972-690-3333
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Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization
