By Brian Fisher, originally written April 2019 Several bills which, if passed, will impact the Texas real estate industry are currently pending consideration in 86th Legislative Session of the Texas Legislature. Among those bills are the following: H.B. No. 589 Proposes an overhaul of the mechanic’s and materialmen’s lien laws of the State of Texas …
By Ron Holmes In the words of Sonny & Cher: “And the beat goes on.” Okay, I just dated myself, but, in any event, that old song title is certainly true in this real estate market. You study the statistics, so I don’t need to repeat them here. Yes, there was a little slow down …
On June 1, 2018, Texas House Bill 2856 came into effect. Bill 2856 removed the requirement that forming an entity with a name similar to an existing entity requires consent from the latter. Instead, Bill 2856 requires that all entities be “distinguishable in the records of the secretary of state.” This change is less restrictive …
by Ron Holmes Now that I have your attention, let’s talk about the legal issues surrounding the sale of CBD in Texas. This is a topic primarily for shopping center owners, managers and leasing companies, but is also applicable to owners and leasing agents of office/warehouses. There are two basic forms of marijuana plants, one …
by Brian Fisher Many Landlords and others file their own UCC-1s (promulgated Form UCC1 can be found at https://www.sos.state.tx.us/ucc/forms/UCC1.pdf) to “perfect”, or validate as against other creditors, a Landlord’s lien or security interest in personal property. That can save some legal fees. However, we have seen some fairly common errors in non-lawyer prepared UCC-1s. The …
We are proud to announce that Ron Holmes recently traveled to Washington, D.C. to be sworn into the Bar of the Supreme Court of the United States by Chief Justice Roberts. Although Ron’s practice is focused on commercial real estate transactions, Ron has served as lead counsel on more than 100 lawsuits in several states …
Airbnb has been an incredible innovation in the hotel and travel industries, and the Texas courts are just now starting to catch up. On May 25, 2018, the Supreme Court of Texas ruled in Tarr v. Timberwood Park Owner’s Ass’n. that a homeowner did not violate a homeowner association rule that restricted all property to …
By Ron Holmes Is the Construction Boom over? Reports have overall construction this year in the DFW area down by 33% and non-residential construction by 70% in May from the level a year ago. Is that due to lack of demand or the higher cost of materials and the labor shortage? With continued in-migration at …
By Donna J. Yarborough The American Bar Association has warned that a “silver tsunami” is coming in that the baby boomer generation is getting older and we can expect a lot more guardianship applications being filed and a lot more exploitation of the elderly. What is a Guardianship? When a person files an “Application for …
Effectively immediately, states will be able to force businesses to charge and pay state and municipality sales taxes for all online shopping. This sweeping policy change came June 21, 2018 from a 5-4 decision at the Supreme Court of the United States when more than forty states had asked the Supreme Court to overrule its …