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DTPA & REAL ESTATE

8/14/2015
HOA Blues


 The Nob Hill Homeowners Association has a duty like all HOAs to repair the common areas to a complex. The board of directors decided that they weren't going to repair the slabs of the 17 buildings, all of which probably need repair.  So when a particular slab became even more problematic for a homeowner causing damage inside her house, she fought back and demanded that they repair the slab. They still refuse even after litigation and a court ruling that they breached their contract by not repairing the slab.  Consequently, the HOA is now facing a trial.  But behind all of it is an insurance company that is just trying to avoid paying on a policy it owes. 





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6/25/2017 - Realtor Trying to Intervene in Lawsuit
6/24/2017 - Plumbing Problems in Older Homes
6/23/2017 - Here is the One to Four Family Residential Contract (Resale)
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6/20/2017 - What If I Find House Defects When I am Buying a House?
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5/20/2017 - Texas Realtors Not Required to Have Insurance
4/26/2017 - Strike Out Paragraph 7d of the One to Four Family Residential Contract for Sale (Resale) TREC Form 20-13
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4/18/2017 - DTPA and Real Estate IV
4/17/2017 - Is a Home Inspection Required?
4/16/2017 - DTPA in Real Estate III
4/15/2017 - DTPA in Real Estate II
4/14/2017 - DTPA in Real Estate I
4/12/2017 - Options in Earnest Money Contracts
4/11/2017 - What You Know Before You Buy
4/10/2017 - Find Out What You Can Buy First
4/9/2017 - Flooding and Drainage
1/15/2017 - J. Alexander Properties Tries To Evict Tenant Over A Cat
12/27/2016 - Termite Damage Continues
12/12/2016 - Look for a Local Attorney
8/20/2016 - DTPA Primer Review
8/19/2016 - Ask To Talk To the Seller Directly
8/18/2016 - My Reponse to Home Inspectors
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12/19/2015 - Trusting Your Realtor
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8/14/2015 - HOA Blues
5/16/2015 - Ashley Ellerin: A Long Tradition of Excellence
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1/19/2015 - Good Fences Make Good Neighbors
1/17/2015 - Building Envelopes
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1/9/2015 - Elements of a Case
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9/13/2014 - Stucco Damage In New Homes
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7/11/2014 - Top Ten Most Litigated House Defects-No. 4: Window Leaks
6/14/2014 - What Can You Do After You Bought Your House in Texas "AS IS"
6/11/2014 - What Can Texas Home Buyers Do About the New "AS IS" Clause in the Earnest Money Contract?
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4/13/2014 - Real Estate Fraud Heats Up In Active Markets
4/12/2014 - Texas Deceptive Trade Practices Act
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2/24/2014 - Roof Damage Claims
1/24/2014 - Engineering Fees Under the RCLA
1/23/2014 - Do I Have Statutory Warranties if the TRCC has been abolished?
1/15/2014 - What if I Already Know About Construction Defects Before My Home is Finished?
1/14/2014 - What is the Difference Between a Formosan Termite and a Native Termite?
1/13/2014 - What is the Termite's Natural Enemy in Texas?
1/12/2014 - What Kind of Damage Do Termites Do?
1/11/2014 - Termite Damage Means Negligent Treatment
1/10/2014 - What if I Don't Want To Buy the House Anymore?
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12/13/2013 - Non Disclosure Is Alive and Well In Texas
11/12/2013 - Is Your Flood Damage Caused by Someone Else?
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10/5/2013 - Top Ten Collectable Case Issues: Number Five
10/3/2013 - Top Ten Case Collectablility Issues: Number 4
10/1/2013 - Top Ten Case Evaluations for Collectability: Number 3
9/30/2013 - Top 10 Collectable Case Evaluation: 2. Is there Insurance Coverage?
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9/24/2013 - Top Ten Questions To Ask Before You Take a Case
9/17/2013 - MLS Listings & Flyers Eliminate AS IS
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9/15/2013 - Keep a Log of All Insurance Company Contact
9/14/2013 - Big Storms Mean Insurance Claims
9/13/2013 - Bad Drainage
9/12/2013 - DRAINAGE PROBLEMS IN SUBDIVISIONS
9/12/2013 - Dick Hargis Was One of a Kind
9/11/2013 - How Much Detail In a DTPA Notice Letter?
9/1/2013 - Personal Injury Claims: What To Do Next
8/21/2013 - The Lawyers' Bluff
7/19/2013 - Who Is At Fault for My "Stucco Damage"?
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6/21/2013 - Home Owner Association versus the Developer
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6/19/2013 - Real Estate Fraud Revisited
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6/7/2013 - Trial Objections
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6/5/2013 - Attorney Beats Pillow With Baseball Bat
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6/2/2013 - Plaintiff Arrested While Testifying on the Stand
6/1/2013 - Small Claims Court
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5/22/2013 - Underinsured Homes in West, Texas and Everywhere Else
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5/15/2013 - West Fertilizer House Claims
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4/28/2013 - Stucco Water Damage Problems
4/27/2013 - West Fertilizer Explosion Legal Help
4/26/2013 - West Fertilizer Explosion Legal Help
4/25/2013 - West Fertilizer Plant Explosion
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3/28/2013 - Commercial Real Estate in Texas
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3/20/2013 - Condo Ownership and HOA Power Condo Ownership and HOA Power Condo Ownership and HOA Power
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2/13/2013 - DTPA Responses for Defendants
2/12/2013 - HOA Management Fees
2/11/2013 - DTPA Notice Letter Response: Basics
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2/6/2013 - Texas DTPA Defense Attorney
2/5/2013 - Texas DTPA Defense Attorney
2/4/2013 - TREC Inspectors Committee Meeting
1/30/2013 - Does My Builder Have Insurance?
10/20/2012 - What Happens After a DTPA Inspection?
10/18/2012 - Who Can Go To A DTPA Inspection?
10/16/2012 - What Happens at a DTPA Inspection?
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9/18/2012 - Texas Agriculture Commissioner Todd Staples Abandoned Consumers
7/28/2012 - Talk to Your Surveyor Before Closing
7/26/2012 - Flood Claims
7/24/2012 - When to Expect Problems With a Septic System
7/22/2012 - What Do I Do About a Septic System If I Am Buying?
7/20/2012 - Can I Stop Paying My HOA Dues?
7/18/2012 - Can I Stop My Neighbor From Building?
7/16/2012 - What If the HOA Will Not Make Repairs It Is Supposed To Make?
7/14/2012 - Homeowner Association Dues
7/12/2012 - Can an HOA Enforce Their Rules?
7/10/2012 - Septic Inspections
7/8/2012 - Call Jeff Tucker About Termite in Houston, Texas or Anywhere
5/31/2012 - What do Blanks on the Sellers' Disclosure Form Mean?
5/29/2012 - Can a Realtor Commit Real Estate Fraud?
5/27/2012 - What is Real Estate Fraud?
5/25/2012 - Is It True That I Don't Have to Disclose Repairs My Builder Made?
5/23/2012 - Will the Home Inspector Tell Me About the Leaks in a Roof? Not if it exhausts him...
5/21/2012 - Does a Home Inspector Have to Go Into My Attic?
5/19/2012 - What Standards Does a Home Inspector Use for the Roof?
5/16/2012 - Should I Hire an Engineer for My Foundation Inspection?
5/14/2012 - What standards does the "home" inspector use for foundations?
5/12/2012 - A Home Inspection is a Waste of Time and Money
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5/9/2012 - Do I Need a Current Survey?
5/7/2012 - Can I Read a Title Commitment Without a Survey? NO! NO! NO!
5/5/2012 - Do You Have to Read a Title Commitment?
5/3/2012 - What Do I Look For In a Title Commitment?
3/8/2012 - Key 4 To Buying a House in 2012: Get Questions Answered by the Home Sellers in Writing
3/7/2012 - Final Walk Through Before Closing
3/3/2012 - Hourly versus Contingent Fee Attorneys
3/2/2012 - Does My Contractor or Home Builder Have Insurance?
3/1/2012 - Why is The Realtor Calling? What's Up With That?
2/29/2012 - Questions about Home Sale in Indiana
2/22/2012 - What Really Happens When Buying a House
2/20/2012 - Can I Get Mental Anguish Damages in My DTPA Claim?
2/18/2012 - Key 3 - Keys to Buying a House in 2012
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2/14/2012 - Don't Agree to an Intermediary Agency or Brokerage
2/12/2012 - USE AN ATTORNEY, NOT AN AGENT WHEN BUYING A HOUSE
2/4/2012 - DO YOU REALLY NEED A BUYER'S AGENT?
2/2/2012 - Key 2: Buying a House in 2012
1/12/2012 - Key 1 - Keys to Buying a House in 2012
1/11/2012 - Keys to Buying a Home in 2012
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10/7/2011 - Texas Real Estate Commission "TREC" Says No Intent to Make Earnest Money Contract an "AS IS" Contract
10/7/2011 - Step 5: AFTER A HURRICANE
10/7/2011 - Judge Graham Quisenberry Refuses to Try Rees Atkins and Piper Pardue on Real Estate Fraud
9/2/2011 - What To Do After a Hurricane Step 4B: What NOT to say to the Insurance Company
9/1/2011 - Step 4 After a Hurricane; Contact Your Agent
9/1/2011 - What to Do After a Hurricane: Step 4A: Record Your Contacts with the Insurance Company
8/9/2011 - After Taking Video and Photos, Protect Your Home and Property. Step 3 After a Hurricane
8/6/2011 - Dick Hargis: The Master of Sincerity
8/5/2011 - After a hurricane, What Do I send the Adjustor? Step 2 After a Hurricane
8/4/2011 - 1st Step After Hurricane - TAKE PICTURES & VIDEO!
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8/1/2011 - Hurricane and Storm Policies Pay Your Legal Fees
7/20/2011 - Do I Need a New Survey?
5/24/2011 - True Trial Stories: We Can't Speak French During Voir Dire
5/23/2011 - Stopping Foreclosure
5/23/2011 - True Trial Story: The Witness Just Left...No Direct, No Questions, Just Left the Courtroom
5/19/2011 - Septic System Advice for Home Buyers
5/17/2011 - True Trial Stories: You Can Take Off Your Sunglasses Now...
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5/3/2011 - We Built You a House, Now You F#@$%#@ Like It!
5/3/2011 - True Trial Stories: The Sleeping Defendant
4/21/2011 - Termites Mean Damage
4/18/2011 - Home Seller Not Liable
4/18/2011 - True Trial Story: Sentenced to Jail in the Middle of Trial
4/13/2011 - True Trial Story: Some Phone Calls HAVE to be answered...
4/8/2011 - True Trial Story: Don't Wake the Judge
4/6/2011 - Termite Swarmers
4/4/2011 - Home Buyer Tip of the Week: Talk to the Seller Yourself
4/1/2011 - Realtors Set to Vote to Set Realtors Free from the DTPA
3/30/2011 - Texas Legislature Gives Realtors a "Get out of Jail Free" Card
2/18/2011 - Lennar Homes Backs Out of Settlement
2/17/2011 - Lennar Homes Refuses to Honor Settlement
1/14/2011 - Real Estate Fraud Story: The Report They Forgot to Destroy
1/12/2011 - DID THE HOMEOWNER DO SOMETHING WRONG?
10/20/2010 - Rusty Jenney IS the BEST Termite Inspector in Texas
10/13/2010 - Don't Rely on a Real Estate Agent
10/12/2010 - Builders Rely on Their Lawyers to Cover the Truth
10/11/2010 - Utilice la ley. Está aquí para usted.
6/17/2010 - Homebuilders Hate Juries
3/1/2010 - Real Estate Fraud in Texas
2/17/2010 - Make Your Realtor Get the Answer in Writing
2/15/2010 - Ask for Previous Disclosures
2/12/2010 - Why Do Realtors Lie?
2/11/2010 - Septic System Disclosures
10/8/2009 - Why Realtors Like Home Inspectors
9/16/2009 - Termite Inspection is a Waste of Time
9/14/2009 - END CONSUMER ARBITRATION NOW! Reason No. 1
9/11/2009 - Texas Real Estate Commission is There to Help Realtors, Not Consumers
5/14/2009 - Keeping the TRCC Alive - And Killing Homeowner's Hopes of Quality Building
3/23/2009 - House Has Unpermitted Repairs that are Causing Mold
3/20/2009 - Homeowner Wants to Know if Rotted Roof Trusses and A/C Non-Disclosure are Fraud
3/3/2009 - So Your Client Wants a Bigger House...
2/25/2009 - Disclose Everything!
2/23/2009 - What If I Can't Attend the Inspections?
2/18/2009 - How Long Can the TRCC Take?
2/17/2009 - All Used Home Sales in Texas are "AS IS"
1/28/2009 - CARTUS FINANCIAL COMMITS FRAUD ON HOMEOWNERS
1/16/2009 - END CONSUMER ARBITRATION
1/16/2009 - END CONSUMER ARBITRATION II
12/12/2008 - KB HOMES DESTROYED EVIDENCE OF MOLD
10/25/2008 - Do Builder Repairs Have to Be Disclosed?
10/23/2008 - Disclose Everything!
10/3/2008 - What is a Mediation?
10/1/2008 - How To Get an Honest Appraisal
9/25/2008 - Mortgage Fraud
2/27/2008 - Subdivision Drainage
2/20/2008 - Why Termite Inspectors Can't Find Termites
1/23/2008 - Why a Home Inspection is Not What You Think it Is
1/17/2008 - Trusting Your Home Inspector
1/16/2008 - Home Inpectors Respond to My Criticism
1/16/2008 - How To Pick a Home Inspector
1/4/2008 - Beware of Home Inspectors
12/26/2007 - Intermediary Agent Scam
12/19/2007 - What is an Intermediary Agent?
12/12/2007 - Ask Your Neighbor
12/5/2007 - IF A DEFECT WAS REPAIRED, DO YOU HAVE TO DISCLOSE IT?
11/28/2007 - Does Seller Have To Disclose Old Defects & Conditions?
11/21/2007 - When Real Estate Disclosures NOT Required
10/29/2007 - The TRCC aka "The Builders Defense Program"
10/22/2007 - The Texas Residential Construction Commission
9/26/2007 - House Foundation Settlement
9/19/2007 - Homeowners for Better Building (HOBB) is another national organization to assist you when you have a new home construction defect.
9/18/2007 - Builder Fails to Attend SIRP Inspection
9/13/2007 - Homeowners Against Deficient Dwellings (HADD) is a Resource When your New Home Has a Construction Defect
9/2/2007 - Water damage and termites in our homes.
8/22/2007 - Construction Defects and Water Damage
8/19/2007 - The Importance of Keeping Good Records When Things Don't Go Right
8/16/2007 - Construction Defects and the Mortgage Subprime Market Hurts All of Us
8/15/2007 - Being a Witness in a Construction Defects Case
8/13/2007 - BAD BUILDERS IN WASHINGTON STATE
8/13/2007 - Free Speech
7/19/2007 - Texas Residential Construction Commission Is Bad for Texans
7/3/2007 - Lennar Homes is the Biggest, Does That Mean They are the Bestare Good
6/5/2007 - Is ReMax Really Behind Your Agent?
Evin G. Dugas - Attorney at Law 512.261.0044 Evin@housedefects.com
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