If you are seeking legal assistance with reviewing, drafting or modifying a new home residential construction contract or remodeling agreement, please visit our Residential Construction Contract Law page CLICK HERE. If you are seeking legal assistance with a residential defect claim, project delay claim, termination or abandonment, please visit our Residential Construction Disputes page CLICK HERE. If you are dealing with a real estate transaction or dispute, please continue below for an overview of our firm’s real estate services.

Purchase and Sale Contract Review and Disputes

Real estate transactions involve detailed contracts that contain numerous obligations, deadlines, and contingencies. We review, draft, and negotiate purchase and sale agreements to ensure inspection rights, financing conditions, and closing obligations are properly addressed. When a buyer or seller fails to perform, our attorneys pursue remedies under Texas law, which may include damages, rescission, or specific performance. We guide clients through contract disputes to protect their financial interests and ensure enforceability. If you are seeking legal assistance with reviewing, drafting or modifying a new home residential construction contract or remodeling agreement, please visit our Residential Construction Contract Law page CLICK HERE.

Fraud, Misrepresentation, and Nondisclosure Claims

Under most transactions, Texas law requires residential sellers to provide a Seller’s Disclosure Notice under Property Code Section 5.008, which outlines all known material defects. When sellers fail to disclose water damage, structural issues, or other significant problems, they may be liable for fraud, negligent misrepresentation, or violations of the Deceptive Trade Practices Act. We represent buyers harmed by undisclosed defects, seeking remedies that can include repair costs, rescission of the transaction, diminished property value damages, or exemplary damages in cases of intentional fraud.

Title, Boundary, and Easement Disputes

Disputes involving ownership, title defects, property lines, or easement rights can prevent transactions from closing or limit the use of property. We handle quiet title actions, adverse possession claims, and litigation involving encroachments or disputed easements. Depending on the circumstances, remedies can include clearing title, injunctive relief, damages for loss of use, or partition orders. Our attorneys are experienced in resolving these disputes through negotiation, mediation, and litigation.

Commercial Lease and Landlord-Tenant Disputes

Conflicts often arise between landlords and tenants regarding rent payments, repairs, eviction procedures, or enforcement of lease terms. We represent both landlords and tenants in disputes involving commercial properties, guiding clients through enforcement actions, repair obligations, and breach of lease claims. Texas statutes, along with the lease itself, provide avenues for recovering unpaid rent, securing injunctions, or recovering damages for breach. We also negotiate and draft lease terms to help clients avoid future disputes.

Drafting and Negotiating Third-Party and Seller Financing Documents

Financing arrangements in real estate transactions often extend beyond traditional lenders. We draft and negotiate seller-financing contracts, wraparound notes, deeds of trust, and other third-party financing documents to protect both lenders and borrowers. Texas finance and usury laws govern these agreements, and careful drafting is essential to avoid invalidation or litigation. Our attorneys ensure that financing terms comply with legal requirements and clearly allocate risks, payment obligations, and remedies in the event of default.

Handling Foreclosure and Real Estate Workouts

When borrowers default, lenders must comply with Texas foreclosure laws before proceeding with a sale. We represent lenders, borrowers, and investors in foreclosure proceedings and real estate workouts, including loan modifications, forbearance agreements, and short sales. Our attorneys advise on statutory notice requirements, trustee sale procedures, and deficiency judgments. We also negotiate workouts to restructure obligations and avoid foreclosure when possible, or enforce remedies when foreclosure is the only viable option.

Drafting and Negotiating Landlord-Tenant Agreements

Beyond handling disputes, we assist clients with preparing, reviewing, and negotiating both residential and commercial lease agreements. A well-drafted lease is essential to defining rights, allocating responsibilities, and avoiding ambiguity that leads to litigation. We ensure compliance with the Texas Property Code, address rent structures, renewal terms, maintenance obligations, default provisions, and remedies. By addressing issues proactively, we help clients avoid costly conflicts down the road.

Performing Title Review and Curative Services

Defects in title can delay closings and cloud ownership rights. We perform detailed title reviews to identify encumbrances, defects, liens, or adverse claims, and we provide curative services to resolve these issues before they escalate. This may involve clearing liens, resolving heirship claims, correcting deeds, or negotiating releases. By addressing title problems early, we safeguard transactions and protect our clients’ property rights.

Commercial Real Estate and Development

We represent developers, investors, and business owners in commercial transactions involving land acquisition, subdivisions, mixed-use projects, multifamily housing, and retail or office developments. These projects often involve zoning, environmental regulations, municipal planning, and financing issues. We negotiate development agreements, joint ventures, and restrictive covenants while also representing clients in disputes. Our attorneys combine practical market knowledge with legal strategy to advance client goals while minimizing risks.

Real Estate Litigation and Dispute Resolution

When disputes cannot be resolved informally, we represent clients in Texas courts, arbitration, and mediation. We litigate cases involving breach of contract, nondisclosure, fraud, boundary disputes, foreclosure challenges, and commercial development claims. Remedies may include damages, rescission, injunctive relief, or specific performance. Our litigation team is equipped to take cases from the demand stage through trial or arbitration, ensuring our clients’ rights are fully protected.

Frequently Asked Questions

What is the statute of limitations for bringing a real estate claim in Texas?

The answer depends on the claim. Fraud and breach of contract claims are generally four years from the date of the event or breach. Claims brought under the Deceptive Trade Practices Act carry a two year statute of limitations.

If I buy property “As Is,” can the seller still be held liable for hidden defects?

Yes. Texas courts have repeatedly held that “As Is” clauses do not excuse sellers from disclosing known material defects. A seller who conceals or misrepresents a defect may still be liable under fraud or consumer protection statutes.

What are my options if I default on a real estate loan?

Depending on the loan terms, lenders may pursue foreclosure under Texas Property Code procedures. In some cases, workouts such as loan modifications, forbearance, or short sales can be negotiated to avoid foreclosure. Acting quickly improves your options.

How can title issues delay my closing?

Defects such as unreleased liens, boundary disputes, or heirship claims can cloud title and prevent issuance of title insurance. Title curative services, including correcting deeds or negotiating releases, are often required before a closing can proceed. We routinely assist buyers and sellers with removing invalid liens and other encumbrances.

Can landlords and tenants negotiate terms outside of the Property Code?

Yes. While Texas statutes impose certain requirements on landlords and tenants, many rights and obligations are governed by the lease itself. A carefully drafted lease allows parties to address issues such as rent escalation, maintenance obligations, and remedies for default in advance.

What damages can I recover in a real estate nondisclosure case?

Damages may include the cost to repair undisclosed defects, reduction in property value, rescission of the transaction, and in cases of intentional fraud, exemplary damages. In some cases, attorney’s fees and costs are also recoverable.

Why Choose Lovein Ribman

Lovein Ribman is a statewide Texas law firm with offices in Austin, Dallas–Fort Worth, and Houston. Our attorneys are experienced in both real estate and construction law, which allows us to effectively represent clients in matters that often overlap between property and construction issues. We provide tailored strategies to protect property rights and resolve disputes efficiently, with a proven record in both transactional and litigation settings. Please contact us by submitting the Contact Form or by calling us direct at (888) 368-2483.