Texas Legislature Revises Statutory Seller’s Disclosure Notice to Better Disclose Flood Risks
The Texas Legislature loves to tinker with the statute that requires a “seller of residential real property comprising not more than one dwelling unit” to make specific disclosures relating to the condition and status of the property to a potential buyer. Under § 5.008 of the Texas Property Code, a Seller’s Disclosure Notice (SDN) must be provided to a buyer before the effective date of the...Read More
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Rogers & Moore Victory: Fifth Circuit Court of Appeals Rules Trial Court Abused Discretion in Stanford Ponzi Scheme Case; $65M Insurance Settlement & Bar Order Vacated
Fifth Circuit Court of Appeals Vacates Bar Order Enforcing $65 Million Settlement Between the Receiver of Stanford Int’l Bank and Its Liability Insurers Rogers & Moore, PLLC won an important appeal for its clients in the Fifth Circuit on June 17, 2019, in a case arising from the massive Ponzi scheme perpetrated by Allen Stanford and his inner circle of executives in which 18,000 investors...Read More
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That Waiver IS Worth the Paper it’s Printed on
Liability waivers are ubiquitous in modern society. Concerts, sports events, museums, activity clubs, party rentals, and movies all incorporate them – if you’re enjoying yourself at a facility or on property owned by business or service provider, you’ve probably signed a waiver. Because waivers are so common, they are taken for granted and it is “common knowledge” that a waiver won’t prevent...Read More
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Dangerous Words: Real Estate Agents Beware
You’re the listing agent on a luxury home, 711 Prosperity Path, and you received a pretty good offer on the property, but not quite the list price of $2.5 million. It’s a seller’s market, and you and your seller feel confident that the house will sell for list price, if not more. So, you’ve been going back and forth on the purchase price with a buyer’s agent. The agent says her buyer is...Read More
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An Introduction to Mediation: Alternative Dispute Resolution Where Parties Control Their Own Destiny
It is impossible to get through litigation without mediation; indeed, a conscientious lawyer won’t even get through his initial consultation with a client without mentioning mediation. This is no coincidence, as the vast majority of civil cases are settled before trial and a significant percentage of those settlements occur at mediation. So what is mediation, why is it so successful, and what...Read More
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The Battle Over Short Term Rentals: Community Rights vs. Property Owner Rights
In Texas and throughout the United States, a war is being fought between owners of residences who want to rent their properties to short-term visitors, and cities and communities that want to preserve the ambience and character of traditional neighborhoods. And often standing behind opposition to short-term rentals (STRs) is the wealth and influence of the commercial hospitality industry,...Read More
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