Arbitration, settlements, and mediation in Texas in brief

• Alternative dispute resolution (ADR) is usually cheaper and faster than going to trial – particularly if handled properly by attorneys for the plaintiffs and the defendants.
• Alternative dispute resolution is the term for reaching an agreement between parties without going to trial and includes settlements, mediation, and arbitration.
• The vast majority of lawsuits (proceedings by one party against another in a civil court of law) are settled before going to trial, primarily through various forms of alternative dispute resolution – agreements between the parties without court intervention.

Definition of fraud in brief

• Fraud is an intentional and deliberate misrepresentation of fact through words or conduct or the concealment of information material to another party, with the purpose of inducing another party to rely and act on the misrepresentation or concealment.
• Fraud can be both a civil tort (a wrong committed by one party against another) and a criminal act punishable by law.
• The goal of fraud is to deceive a party for financial or personal gain or to assume a false identity.

Landlord tenant law in brief

• Landlord tenant law in Texas regulates the property lease or rent arrangements between landlords and tenants, establishing the rights and responsibilities of each party.
• These laws and regulations are set forth in the Texas Property Code and include directions on such items as tenant rights, landlord disclosures, lease agreements, evictions, security deposits, and landlord responsibilities.
• These laws relate to residential, industrial, and commercial leases, which are any written or oral agreements between a landlord and tenant that establish or modify the terms, conditions, rules, or other provisions regarding the use and occupancy of a dwelling, property, or land.

Real estate law in brief

• Real estate is defined as land including the buildings and permanent fixtures on it, as well as resources on and within the land. It is distinct from personal property, which is any property that is movable.
• Real estate law is a broad field governed by each state and deals with legal aspects of land including right to own, occupy, and use the land and any constructed additions to it.
• With the exception of residential leases, real estate transactions usually involve large sums of money that range from the infrequent sale of an individual resident’s major asset to the recurring revenue stream for commercial real estate corporations.

Basics of construction defects law in brief

• Construction defect law can apply to both residential and commercial buildings.
• A construction defect is any flaw in the design, materials, or workmanship causing a failure in some portion of a residential or commercial building.
• The objective of this area of law is to determine the parties responsible for defects and hold them liable (legally responsible) for correcting or compensating the owner(s) for the problems, including loss of property value.

As featured in the December 2020 edition of NBIZ Magazine.

Download the PDF Read More ›

By: Nina A. Tran

If you live in a community governed by a property owners association (“POA”) requiring mandatory membership, you are probably also familiar with the requirement to pay the POA maintenance fees or assessments (“Assessments”).  The obligation to pay Assessments can generally be found in the POA governing documents, and more often than not in a document entitled Declaration of Covenants, Conditions and Restrictions, or similarly titled document, that is recorded in the real property records of the county in which your property is located.  Read More ›

By: Howard M. Bookstaff, General Counsel

We are seeing more positive test results every day.  Many apartment communities have had residents test positive.  Chances are that you will also see employees test positive.  What should you do when an employee is not feeling well?  What actions should you take if the employee tests positive?  Who should you tell?

What should I do if an employee is not feeling well?

If any employee is not feeling well at work, they should go home and contact their healthcare provider. Read More ›

This past Friday the Coronavirus Aid, Relief and Economic Security (“CARES”) Act was signed into law; it is a massive $2 trillion economic stimulus package designed, in large part, to offer some relief for the nation’s small businesses and millions of laid-off workers.  Hopefully this article will assist with digesting this complex and lengthy new law.  Attached hereto are the following:

• A section-by-section general summary of Division A of the CARES Act (the “Paycheck Protection Loan” provisions);
• A chart-form summary of said Paycheck Protection Loan provisions;
• An index of all sections of the CARES Act to assist in locating what provisions may or may not be applicable to your business;
• A copy of the entire text of the CARES Act, which can also be found at this link:

https://www.congress.gov/bill/116th-congress/house-bill/748/text?fbclid=IwAR2AXKE3vgiEa-HruPEivIO_Mwek_X5mjmIjqkG1FLzczQeihGIQ9E-J4KA Read More ›

Our Partners and administrative staff have been in continuous communication regarding the ongoing Coronavirus (COVID-19). We are closely monitoring the COVID-19 situation and coordinating with local and state health departments and the CDC for answers to pressing questions from our clients. We are adjusting the way we work to provide uninterrupted service to our clients in a world of social distancing and stay at home orders. There are difficult weeks ahead, but we will be available to help you respond to challenging conditions. Read More ›