What Qualifies as a “Rule” Under Texas Administrative Law?

What Qualifies as a “Rule” Under Texas Administrative Law?

Texas state agencies have a great deal of authority over governmental executive and licensing decisions across the state, including such ubiquitous activities as the issuance of drivers licenses and the regulation of multiple licensed professionals, such as doctors, attorneys, nurses, hairdressers, insurance agents, electricians, and plumbers. How are state agencies defined? Texas Government Code Section…

The Importance of Owner’s Title Insurance

The Importance of Owner's Title Insurance

Owner’s Title Insurance (Form T-1 for commercial property and undeveloped land; Form T-1R for most residential property) is the most essential aspect of real estate ownership; it protects owners against loss due to title defects (see “Covered Risks” in paragraph immediately below), liens, claims of ownership by other parties, and losses from problems that arose…

Regulations D—Highlighting Differences between Rules 506(b) and 506(c)

Regulations D—Highlighting Differences between Rules 506(b) and 506(c)

One highly utilized exemption under the SEC is Regulation D. This blog addresses two aspects of Regulation D: Rules 506(b) and 506(c), both of which provide a federal preemption from state registration of the security and have no offering cap. Rule 506(b) of Regulation D Looking first at Rule 506(b) (“506(b)”), this exemption creates limitations…

Importance of Chapter 58 in the Aftermath of Hurricane Harvey

Importance of Chapter 58 in the Aftermath of Hurricane Harvey

In the devastating aftermath of Hurricane Harvey, many families have to rebuild or repair the damage to their homes. Consumers and general contractors should be aware of the laws that are set out to protect consumers amidst their recovery. While rebuilding or repairing this damage is an arduous process, the Texas Legislature has created standards…

Understanding H.B. 1774—New Requirements for Lawsuits against Insurance Companies

Understanding H.B. 1774—New Requirements for Lawsuits against Insurance Companies

House Bill 1774 (“H.B. 1774”)—passed this year by the 85th Texas Legislature—went into effect on September 1, 2017. Consumers and insurance companies should be aware that this new law only changes the rules surrounding a lawsuit against an insurance company; it does not affect the claims process for consumers filing an insurance claim in the…

Liability under Negligent Misrepresentation

Liability under Negligent Misrepresentation

Negligent misrepresentation is an interesting cause of action that allows third parties to sue professionals outside privity of contract. Privity of contract exists between the actual parties to a transaction. While the law requires that parties have privity of contract for liability to be possible under claims like breach of contract, contractual privity is not…

Defenses to the “As Is” Clause under a Real Estate Contract

Defenses to the “As Is” Clause under a Real Estate Contract

While we all hope that in the process of buying or selling a home no problems arise, issues may often come up subsequent to a sale. It is important for the seller to understand the liability he or she faces, and the same time, it is important for the buyer to be aware of how…

Before A Home Renovation or Addition, Every Homeowner Should Ask A General Contractor These Things Before Construction Begins

Before A Home Renovation or Addition, Every Homeowner Should Ask A General Contractor These Things Before Construction Begins

Believe it or not, general contractors are not licensed or regulated in the State of Texas.  That’s right: while HVAC technicians, electricians and plumbers are required to maintain licenses, home builders and general contractors are not.  Individuals’ most prized possessions are usually their homes, where they raise their families and feel a sense of security…