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Texas Contracts Questions & Answers
1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: Can I remove my name from a misleadingly signed car loan in TX?

I was misled by my uncle when he informed me that he needed a co-signer for a car loan and that my name would be removed after six months of on-time payments. However, I was listed as the primary borrower, not the co-signer. My uncle is now being uncooperative regarding removing my name from the... View More

John Michael Frick
John Michael Frick
answered on Jun 19, 2025

Whether you can be removed from the loan depends on what the loan documents you sign actually say, not what your uncle may have told you.

If the loan documents are different than what your uncle may have told you, you should not have signed the loan documents. It would be very hard to...
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1 Answer | Asked in Civil Litigation and Contracts for Texas on
Q: How can I become a plaintiff in the lawsuit against Norada Capital due to default on a promissory note?

I have a $100,000 promissory note with Norada Capital Investments, which has defaulted. I would like to become a plaintiff in the federal lawsuit Taylor et al vs Norada Capital Management LLC et al, which is currently active. I have documentation concerning the default, and I need guidance on the... View More

John Michael Frick
John Michael Frick
answered on Jun 18, 2025

You need to hire a civil trial attorney licensed to practice in the district where the current federal lawsuit is pending. That attorney will have to evaluate whether you can intervene in that lawsuit in light of its current procedural posture or whether you should file your own lawsuit. In order... View More

Q: Potential forgery of power of attorney related to insurance and property.

I suspect someone may have forged power of attorney paperwork on my behalf related to my late aunt, who had custody of my son during my incarceration. We discussed an insurance policy, and I was informed afterward by another aunt that there was no insurance payout, which seems false. I have proof... View More

John Michael Frick
John Michael Frick
answered on Jun 16, 2025

You can either hire a private investigator or attempt to do the legwork yourself. With respect to the house, there should be deed records, tax, records, and possibly probate records which you can obtain. If you were named as the beneficiary of an insurance policy, the insurance company will... View More

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2 Answers | Asked in Contracts and Employment Law for Texas on
Q: Can my contracting company enforce minimum weekly hours as an independent contractor?

I have been working as an independent contractor for a company for over five years, renewing my contract every six months. My contract states that I can control my own schedule and decide how much time to devote to services. However, the company recently emailed me stating that I must work a... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2025

You should contact the company that hired you as an independent contractor and let them know that your agreement with them allows you to control your own schedule and decide how much time to devote to servicing them. If you have other clients who also hire you as a contractor, it may be time to... View More

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2 Answers | Asked in Consumer Law, Lemon Law and Contracts for Texas on
Q: Do I have a case with Autonation for undisclosed car repairs?

I purchased a used car from Autonation and bought a warranty through Veratas, which covers up to $10,000. Six months later, I've discovered it requires three times its worth in repairs, including major transmission issues, despite assurances from the salesman that the car had passed a 50-point... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2025

Maybe if the sale was not "as-is." Take you sale documents, your warranty documents, repair receipts, and any outstanding repair estimates to an attorney who practices in the area of consumer law in or near the county where you purchased the car. Most will provide an initial... View More

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2 Answers | Asked in Real Estate Law, Contracts and Civil Litigation for Texas on
Q: Obligations after pool epoxy peeling in home sale agreement.

I sold a home in December and included in the purchase agreement was a condition that I, as the seller, would paint/epoxy the pool at my own expense. Due to weather conditions, it was agreed that I would complete this task after the escrow closed and the weather improved. I recently hired a painter... View More

John Michael Frick
John Michael Frick
answered on Jun 9, 2025

You should contact the painter and demand that he cure the work. If he refuses to do so, you should hire another painter to remedy the situation, pay that painter, and then sue the first painter you hired for the remedial work.

As a construction litigation attorney who has represented...
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2 Answers | Asked in Contracts and Civil Litigation for Texas on
Q: How to address unexpected factoring clause in a contract?

On February 17, 2025, I signed a contract that was intended to be solely a fuel contract, but I later discovered that factoring was included without prior discussion. Recently, Fleetsmart contacted me, stating that factoring with them is the only option. I've tried to get released from this... View More

John Michael Frick
John Michael Frick
answered on Jun 6, 2025

If the written contract you signed contains factoring, a lawyer needs to review that entire contract to determine what it says about terminating the contract. Another alternative may be to negotiate a release from Fleetsmart which may require a payment of some kind by you to secure the release.... View More

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2 Answers | Asked in Consumer Law and Contracts for Texas on
Q: Dealership delay led to rental fees; how to recover costs?

I experienced a delay of over 15 days caused by a dealership while waiting for a repair covered by my extended warranty. During this period, I incurred rental fees due to the dealership's actions. However, the dealership is denying responsibility for the delay, and my extended warranty does... View More

John Michael Frick
John Michael Frick
answered on Jun 5, 2025

The answer to this question depends upon facts not included in your question. The extended warranty might include a rental reimbursement provision. How to make a claim for rental reimbursement and how much is covered depends upon the language of the provision. This is the legal responsibility of... View More

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2 Answers | Asked in Criminal Law, Contracts, Car Accidents and Personal Injury for Texas on
Q: Charged with unauthorized use after buying a stolen truck with bill of sale.

I bought a truck through one of my mom's friends and received a bill of sale, but not the title. I was unaware of any title issues or that the truck was stolen. I then wrecked the truck and now I'm facing charges for unauthorized use of a vehicle. I have a bill of sale, and I... View More

John Michael Frick
John Michael Frick
answered on Jun 5, 2025

IMO the testimony of your mom's friend will be critical. Your attorney will want to ensure that the friend does not have a criminal record and will corroborate that he was the seller, or facilitated the sale by the seller and had no reason to believe that seller was not the owner of the... View More

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2 Answers | Asked in Construction Law, Contracts and Real Estate Law for Texas on
Q: Can a supplier place a lien on my property in Texas if the contractor fails to pay?

I have a written contract with a contractor regarding price and timeline. Despite having paid the contractor over a year ago, a building supplier is threatening to place a lien on my property unless I pay them. I have no contract clauses about payment disputes and no written correspondence from the... View More

John Michael Frick
John Michael Frick
answered on Jun 4, 2025

It depends on facts not mentioned in your question, but probably not given the timing issue involved. But there are lots of facts which need to be explored. The last date the supplier provided material to the project is an important detail. Whether you withheld the statutory retainage required... View More

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3 Answers | Asked in Contracts, Civil Litigation and Family Law for Texas on
Q: Legal issues of retrieving engagement ring after breakup in Texas?

I gave an engagement ring to my fiancée with the intention of an eventual marriage, which was accepted verbally. However, we did not marry, and I retrieved the ring. Is there any legal issue with my retrieving the ring, and does she have a claim to it under Texas law?

John Michael Frick
John Michael Frick
answered on Jun 4, 2025

Engagement rings are usually categorized as gifts to the recipient. Once given, the ring belongs to your fiancée. Taking it back without her permission and consent would be a theft of her property.

An important exception is if the engagement ring is a family heirloom. For example, if it...
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2 Answers | Asked in Contracts, Personal Injury and Civil Litigation for Texas on
Q: Moving company improperly connected washer, causing damage, and denied claim. Seeking advice.

I've recently bought a house and hired a moving company. During initial discussions, I specifically requested the disconnection and reconnection of my washer and dryer, and was not informed of any policy against this. On the moving day, I was told they couldn't disconnect the appliances,... View More

John Michael Frick
John Michael Frick
answered on May 30, 2025

Legally, it does not sound like you have a claim against the moving company. You are presumed to have read the contract and done whatever investigation you deemed necessary to fully comprehend what you signed. There is no legal requirement that the moving company ensure you are subjectively... View More

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2 Answers | Asked in Contracts, Personal Injury and Civil Litigation for Texas on
Q: Can I sue my workplace for vehicle theft due to lack of security?

I'm the owner of a vehicle that was stolen from my workplace on March 27, 2025, at around 9 PM. Two suspects were captured on video stealing the vehicle while I was working. Previously, there had been security present at my workplace for different reasons, but not at the time of the theft.... View More

John Michael Frick
John Michael Frick
answered on May 29, 2025

You can sue the party who has control over the parking lot from which your vehicle was stolen; however, its share of legal responsibility will be apportioned by the trier of fact with the actual thief's share. In my experience, either a judge or jury is highly likely to apportion the greatest... View More

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2 Answers | Asked in Real Estate Law and Contracts for Texas on
Q: Mother refuses to sign and pay for subdivision of deeded acreage

My husband's mother deeded half of her acreage to him, with the deed in his name. We've learned that we need to subdivide the property, but his mother must sign paperwork and pay half of the costs, which she refuses to do. We cannot obtain the permits needed to build a home on our... View More

James Clifton
PREMIUM
James Clifton
answered on May 21, 2025

If your husband's mother has retained a portion of the property as tenants in common or as a joint tenant, you cannot force her to subdivide the property or sign any paperwork to that effect unless there is a written agreement where she agreed to subdivide the property. You do have the option... View More

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2 Answers | Asked in Contracts, Civil Litigation, Landlord - Tenant, Personal Injury and Real Estate Law for Texas on
Q: How can I retrieve my car from a locked shop due to my ex's debt?

I'm seeking advice on retrieving my vehicle, which is locked in a shop that my ex-boyfriend was renting. The shop owner locked the premises due to my ex-boyfriend's debt, but my vehicle, which is registered under my name, is inside. The owner mentioned he might consider giving me the car... View More

John Michael Frick
John Michael Frick
answered on May 13, 2025

If your car is worth $20,000 or less, you can file a suit for replevin in JP court. The owner's landlord's lien does not apply to motor vehicles not owned by the tenant.

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2 Answers | Asked in Consumer Law and Contracts for Texas on
Q: Mechanic replaced engine without permission, charged $3,800 for unauthorized work. What recourse do I have?

I took my vehicle to a mechanic who quoted me for head gasket replacement. Later, I found out they replaced my engine without my permission and charged me $3,800. There was no signed agreement, only a verbal agreement for the original repairs. I only received a receipt for the engine replacement... View More

John Michael Frick
John Michael Frick
answered on May 7, 2025

Legally, you are not required to pay for an unauthorized repair. Legally, you are required to pay for repairs you authorized. This presents a classic he-said, she-said situation. You will have to persuade a judge or jury that you are telling the truth versus the mechanic persuading a judge or... View More

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2 Answers | Asked in Criminal Law, Foreclosure, Contracts, White Collar Crime and Real Estate Law for Texas on
Q: Ex-wife forged HUD loan signature, causing foreclosure risk post-divorce. What are my legal options?

I discovered on May 2, 2025, that my ex-wife forged my signature on a HUD loan after our separation. As a result, I can't sell the home unless I come up with $26,000, and it's now going into foreclosure. I took the home in our recent divorce, unaware of the loan. I haven't reported... View More

John Michael Frick
John Michael Frick
answered on May 7, 2025

You can file a declaratory judgment suit seeking a declaration that you are not legally obligated to repay the HUD loan because your signature on the loan documents are a forgery and you did not know about or participate in the loan, having discovered the loan only after your recent divorce, and... View More

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2 Answers | Asked in Landlord - Tenant, Civil Litigation, Contracts and Real Estate Law for Texas on
Q: What are my ex-partner's rights to re-enter and retrieve property he claims he paid for after moving out in Texas?

I have been living with a man for 15 years, and we recently broke up. We had no lease or formal rental agreement since the house is fully paid for. He contributed to bills and paid the property taxes but did not have any ownership in the property. We have no shared assets or jointly owned property.... View More

John Michael Frick
John Michael Frick
answered on May 5, 2025

He has the right to retrieve his belongings from the home. Since you were not married and there is no jointly owned property, this should not be too controversial. If he bought it, he should be allowed to retrieve it.

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2 Answers | Asked in Real Estate Law and Contracts for Texas on
Q: Can my mom transfer house title to me without my dad's approval in Texas?

I am currently living with my mom in Houston, Texas, and helping pay off a house owned jointly by her and my dad, although the mortgage is under his name. I've been contributing to the mortgage payments for the past seven months. Both my parents agree to transfer the house title to me, and I... View More

John Michael Frick
John Michael Frick
answered on Apr 29, 2025

Absent unusual circumstances, both parents need to agree and, most likely, the lender will either have to approve the transfer or the mortgage will be accelerated and become due and payable in full to the lender as a result of the title transfer.

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2 Answers | Asked in Business Law and Contracts for Texas on
Q: Am I liable for previous debts if added to a sole proprietorship's assumed name certificate after being an employee?

I am currently named on an assumed name certificate for a sole proprietorship. However, prior to this, I was merely an employee of the business and did not sign any agreements or contracts regarding the company's debts. Am I liable for any previous debts of the company?

John Michael Frick
John Michael Frick
answered on Apr 29, 2025

A sole proprietorship (i.e. a d/b/a) is not a separate and distinct legal entity from the natural person who is the owner of the assumed name. It is a natural person (i.e. the sole proprietor) conducting business under an assumed name. So there is no "company" or "company... View More

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