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Real Estate Transfers Breach of Contract

Husch Blackwell LLP

Texas Supreme Court Clarifies That Specific Performance Can Include Monetary Relief

Husch Blackwell LLP on

On June 13, 2025, the Supreme Court of Texas delivered a 17-page opinion in White Knight Development, LLC v. Simmons clarifying that monetary damages may be awarded alongside specific performance in real estate contract...more

Tucker Arensberg, P.C.

Sellers and Specific Performance: A Remedy in Equity or Damages Flowing From a Breach?

Tucker Arensberg, P.C. on

If a Buyer breaches an Agreement of Sale and refuses to buy the property, can the Seller seek specific performance as a remedy? A 2019 Superior Court decision concluded yes....more

Farrell Fritz, P.C.

Surrogate’s Court Sets Aside Fraudulent Conveyance Violative of Contract to Make a Testamentary Disposition

Farrell Fritz, P.C. on

A person who executes a valid agreement to make a testamentary disposition as to a specific item of property is precluded from making an alternative disposition, either during lifetime or upon death. ...more

Winstead PC

Court Affirms Judgment For Estate Representative Due To A Statute-Of-Limitations Tolling Statute

Winstead PC on

In Kaptchinskie v. Estate of Kirchner, the purchasers of property sued an estate to establish that the estate’s claim under a note was extinguished by the statute of limitations. No. 14-15-01080-CV, 2017 Tex. App. LEXIS 7012...more

Harris Beach PLLC

Negative Pledge Pros and Cons

Harris Beach PLLC on

Does a Lender really get any protection from a Negative Pledge provided by a Borrower? In some situations where a Lender would like to have security for its loan but the Borrower cannot, or will not, grant a mortgage or...more

Buchalter

Warning: Warranties Can Survive Close of Escrow Even When You Think They Won’t

Buchalter on

As the seller of real property, you might have heard: “Don’t worry, that warranty won’t survive the closing.” Or, you may have assumed that because the purchase agreement stated that certain representations and warranties did...more

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