Texas Real Estate Transaction Lawyers
At Cherry Johnson Siegmund James, we advise and represent clients in real estate transactions throughout Texas. Our experienced attorneys and staff often handle intensive real estate contract drafting and review, and assist in closing all types of real estate matters — residential, farm and ranch, and commercial.
Call us for a free consultation at (254) 732-2242 to discuss your real estate transactions.
Whether you are seeking to purchase or sell property, negotiate a lease agreement, or hold another party accountable for breach of contract, we can develop a cost-efficient strategy to accomplish your specific goals.
Our lawyers handle and litigate a wide range of commercial real estate matters like the negotiation and drafting of commercial leases, and purchase/sale agreements, and real estate closings.
Listed below are some of the other real estate matters that our law firm can assist you with.
Construction Contracts and Mechanic’s Lien
Mechanic’s lien is an effective legal means that may aid general contractors, subcontractors, architects, engineers, material suppliers, or laborers in securing payment for labor, materials or equipment that were provided to privately owned property that they otherwise would not receive payment for. In Texas, a mechanic’s lien is sometimes called a contractor’s lien.
The lien must be filed with the clerk of the court’s office in the county where the property is found. This lien creates a type of hurdle for the property’s title. It allows lenders and potential buyers that someone has a claim for a debt owed to the property.
Banks refuse to finance a property with a lien against it. So, the lien must be cleared if the owner wants to refinance or sell their property. If the debt is not taken care of, the lien may be enforced through a lawsuit that may force the foreclosure of the property.
Holding Builders Accountable for Construction Defects
Shoddy workmanship is a blight on the construction industry. If you have construction defects, the legal team of Cherry Johnson Siegmund James can aid you in holding the builder responsible for the defective work accountable using the Texas Residential Construction Liability Act (RCLA). The RCLA gives property owners the right to sue if the workmanship on their construction project was poorly executed.
This policy keeps both sides honest. Contractors are given a chance to correct their work or make an offer to the homeowner to cover it. The homeowner is able to communicate their issue to the contractor.
The RCLA creates precise instructions that potentially lead both the homeowner and the contractor to a positive resolution.
Boundary Agreements
Boundary line disputes occur for a number of reasons. Our legal team is equipped to resolve these disputes when they come our client’s way.
Sometimes, the boundary in dispute has a deed that was incorrectly filed much earlier. Other times, a neighbor may have occupied the property for such a long period that everyone agrees they may claim it. And rarely, but not unheard of, several deeds for the same property can be presented, though they all went unrecorded.
The amount of land, its location, and proof of ownership all play a role in determining where the boundaries lie.
Review of Financing Agreements
When money is borrowed, the borrower enters into an agreement with the lender. The loan agreement explains the details of the loan in detail. If there are issues that you do not understand, our attorneys are happy to discuss them with you.
Eminent Domain Disputes
Sometimes, for public use, land can go through condemnation from the government or a private entity such as a power or water company. The property owner has rights such as the right to be fairly compensated for the land that was involuntarily taken from them.
There are other rights and avenues that may be beneficial to the property owner. If you are a property owner facing eminent domain unwillingly, reach out today so that we can investigate your case and outline some options for you.
Easements
At times, a piece of the property stands between another property’s ability to reach an area that is necessary for them to reach to fully utilize their property. This could be a lack of road frontage, making it impossible to reach the property. If there is an easement that you need help negotiating, our attorneys are ready to help.
Title Disputes
There are a variety of reasons that titles are disputed. This can be a property belonging to an estate is sold without the proper permission from the heirs. Or if a fraudulent deed was used to claim the property. When the title is unclear, a real estate litigation attorney can be a valuable asset in resolving a title dispute in your favor.
Oil And Gas Transactions
We also represent individuals and businesses in a variety of contractual and litigation matters related to oil and gas in Texas. Our attorneys have a wealth of experience in this complex area of law, and we can help you with any of the following oil and gas issues:
- Purchase and sale of producing properties
- Negotiation of oil and gas leases
- Negotiation of operating agreements
- Easements
- Mineral rights, bonus payments and royalties
- Exploration, surface-use and production contracts
Our team of attorneys also includes estate planning professionals who are able to assist in business succession and the transfer of property, including mineral rights and oil- and gas-producing land.
Contact Cherry Johnson Siegmund James — Alternative Fee Arrangements
We make a point to provide our clients with a clear understanding of their billing options. In general, we prefer to provide litigation services on contingency, rather than billing for hours. This approach produces a strong incentive to achieve our clients’ goals while keeping costs to a minimum. Additionally, for many of our clients, we are able to provide real estate legal services by retainer or for a flat fee.
To request a free initial consultation to discuss your real estate concerns, contact our offices in Waco today by calling (254) 732-2242.