When our client, let’s call him Jason, and his wife walked into our office, they were on the brink of losing something they’d worked tirelessly for – their home in a contract for deed case. They’re salt of the earth-type people. Over a decade, Jason had made every payment as agreed upon in his “contract for deed”, but when the time came to transfer the title, the seller refused. Instead, the seller demanded an additional $10,000, leaving Jason trapped in an unjust and distressing situation.
This case was particularly alarming because Jason was victimized by a system that gave the seller too much power. Here’s how we tackled the problem and ensured Jason and his family got the justice they deserved.
The Problem
Jason purchased a home using a “Contract for Deed,” a type of real estate agreement that Texas law strongly discourages due to its propensity for misuse by sellers. Unlike traditional real estate transactions, this agreement puts the buyer at a significant disadvantage. Jason completed a decade of payments per the contract’s terms, yet the seller refused to transfer the deed.
To make matters worse:
- The seller disappeared, leaving no forwarding address and responding only sporadically via text.
- The contract was never recorded in the real property records, putting Jason at risk of losing the home since the seller technically still held full title.
- Jason couldn’t sell, refinance, or fully enjoy ownership of the home he had already paid for.
Had this situation gone unresolved, Jason could have been evicted or the property sold to someone else.
Our Approach
This was no ordinary legal challenge—it required understanding the intricacies of Texas real estate law and taking swift, decisive action.
Here’s how we fought for Jason and his family:
- Securing Evidence: We created an affidavit to document Jason’s claim of ownership, ensuring any title searches would reflect his rightful stake in the property.
- Legal Action: We filed a lawsuit under the Texas Deceptive Trade Practices Act and Chapter 5 of the Texas Property Code, which governs Contracts for Deed. These laws are designed to protect buyers like Jason from exploitation.
- Tracking the Seller: It took months of diligent effort to locate the seller and serve him legal notice of the lawsuit. This step was crucial in moving the legal proceedings forward.
- Court Representation: When the seller failed to respond to the lawsuit, we went to a default hearing. There, we presented clear and compelling evidence that Jason had fulfilled his contractual obligations and deserved the title to his home.
The Outcome
The court ruled in Jason’s favor, delivering life-changing results for him and his family:
- Title Secured: Jason finally received the deed to his home, ensuring full legal ownership. He could now sell, refinance, or pass the property on to his children.
- Financial Relief: The court awarded Jason $50,000 in compensation for the stress, attorney’s fees, and financial damages caused by the seller’s misconduct.
- Protection from Exploitation: Jason was empowered with the legal knowledge to ensure he would never fall victim to predatory real estate practices again.
When the final ruling was announced, Jason and his wife cried tears of relief.
After years of stress and uncertainty, they could finally call their home their own.
Key Takeaways
This case is a powerful example of how legal expertise can turn the tide against unjust practices. Here’s what it highlights:
- The Significance of Legal Protections: Texas law places critical safeguards for buyers, yet these protections can only be utilized effectively with legal representation.
- Predatory Practices in Real Estate: Contracts for Deed allow sellers too much power, but this case sends a strong message that such behavior won’t go unchecked.
- The Role of Diligence and Expertise: Tracking the seller, filing under the correct statutes, and presenting evidence in court are complex tasks requiring a skilled legal team.
Need Help with Real Estate Disputes?
Stories like Jason’s highlight why having knowledgeable legal representation is essential. If you or someone you know is facing a similar challenge, don’t wait until it’s too late. Our team takes pride in our experience in real estate law and is here to protect your rights every step of the way.
Contact us today to discuss your case and find out how we can help secure the justice you deserve.
About The Attorney
Matt Zimmerman’s passion for the law has led him to develop a broad-based practice that touches on almost every area of law that affects individuals in their everyday lives and small business representation.
Disclaimer
Attorney Matt Zimmerman works tirelessly to achieve the greatest possible results for each of our clients and their families. This is a selection of one of his many successful results, settlements, and verdicts. Every case and client is unique and depends upon the individual facts and circumstances of each case. Clients may or may not obtain the same or similar results in each case.