In our last entry, we discussed the gentleman who inherited what he believed to be a large vacant lot only to find out that there were “squatters” on the land. There are several options for this gentleman. He can try to file suit for San Antonio forcible entry and detainer which is brought when an owner wants to evict a trespasser. That type of suit is heard by the Texas justice court. From a strategic standpoint, the owner has to realize that the trespasser may claim a right to the property via adverse possession. If the forcible entry and detainer action requires the justice court to establish property title and weigh competing rights to superior possession, then the justice court will lose jurisdiction and the case will be moved to the county court. The original owner can also sue to recover real estate held by a party via adverse possession. This may be the best bet for the owner, although it is costly and time consuming. If there is a question as to title, the owner can bring a Texas trespass to try title suit to establish a superior title to a piece of property. In the case of our gentleman, he cannot simply walk onto the land and repossess it. Texas does not condone a self-help repossession of land. The gentleman must utilize legal process, and a San Antonio real estate lawyer can assist you in developing the best legal tools to effectuate possession.

There are multiple statutes of limitations on adverse possession in Texas. For example, under the three (3) year statute of limitations, a party has three years to file suit to recover property held in adverse possession by the occupants if the occupants have asserted title or color of title to the property. Title means that the party in adverse possession is listed in a regular chain of transfer of real estate. “Color of title” refers to a consecutive chain of transfers that is not properly recorded. This is a very short statute of limitations, and it is essential that a property owner researches the county records to make sure that title still remains in their name. Under the five (5) year statute of limitations, then the owner has five years to bring suit to recover land held in adverse possession where the party occupying the land is enjoying the property, paying the real estate taxes and is claiming the property under a registered Texas deed. The deed must be valid, and it cannot be forged in any way. In our next post on this topic, we will discuss the 10 year and 25 year statute of limitations and some of the elements of evidence a party must prove in a suit for adverse possession as well as a trespass to try title suit. If you are like the gentleman above, time is of the essence. You must consult a San Antonio Texas real estate attorney to determine your options to fight someone who is not welcome and has taken over your land.

In order for the courts to enforce specific provisions of a real estate contract for sale, the written agreement must be such that the terms are expressed with a reasonable certainty. Also, the courts will require that the party demanding the contract be enforced show that it in fact has complied with all his or her obligations under the contract.

Sometimes, a party will claim fraud on an oral contract for sale of real estate. The courts however reject this legal theory on the basis that the alleged contract was inherently unenforceable under the statute of frauds.

Another legal theory a plaintiff may use is the theory of quantum meruit. The elements of an action for quantum meruit require that the injured party provided valuable services or materials for the defendant. The defendant must have accepted such services and materials. The most important final element is that the plaintiff reasonably notified the defendant that the plaintiff expected compensation for such services or materials. For example, a claim for quantum meruit will fail where the defendant did not have reasonable notice that the plaintiff expected payment where the plaintiff failed to submit a bill years after providing service and not until the suit was filed.

The statute of limitations for an action for quantum meruit is four (4) years. The time when the clock starts ticking for bringing suit hinges on whether the work performed had a definite stopping point, or whether the work was an ongoing arrangement with an undefined stopping point. For ongoing work, the statute of limitations begins when the services were performed (daily, weekly, or monthly).

For San Antonio real estate litigation and quantum meruit claims, you should contact a San Antonio business litigation attorney as soon as possible.

What can you do? Luckily, Texas has enacted the Deceptive Trade Practices – Consumer Protection Act (“DTPA”) which outlaws certain practices that deceive customers. If you believe you are the victim of a deceptive trade practice, it would behoove you to consult immediately with a San Antonio and greater Texas consumer fraud attorney .

The DTPA allows for both public enforcement and private civil resolution. The Texas Attorney General can seek a court order preventing the particularly deceptive practices, while you as an individual have a right to have your grievances addressed in a court of law.

What types of consumer transactions does the DTPA apply to ? The answer is a very broad spectrum of goods and services. “Goods” include tangible things or property that are purchased or leased for use would be covered, while “Services” include any type of work that your purchase or lease. The DTPA however does not apply to professional services involving advice such as for example a lawyer. (Darn!)

The DTPA often used the magic word “unconscionable” to describe particular actions. “Unconscionable” means an action that serves to take advantage of a consumer’s lack of knowledge to a grossly unfair degree. Here are some typical actions that would be covered under the DTPA: a) an unnecessary $100 car repair; b) a homeowner buying a home in San Antonio or greater Texas ; c) a business buying a million dollar corporation; and d) buying a LEMON car. The DTPA can be used from the consumer sale to a large business transaction.

Consumer fraud is a form of economic personal injury and you should consult with a a San Antonio and greater Texas consumer fraud lawyer immediately if you believe you have been the victim of fraud. Chances are you are not alone!

Ebay is a global phenomenon. Recently, the sellers on such auction sites have come under greater scrutiny for potential violation of state consumer fraud acts including Texas. The relevant consumer protection act in Texas is the Texas Deceptive Trade Practices Act .

The state consumer fraud act carries a treble damages award, which means a victim can be awarded three times the amount of their actual loss. The law can be triggered when sellers exaggerate about merchandise sold online, through classified ads including Craigslist, and even flea farms or garage sales.

In NJ, the Supreme Court is weighing the case of a 1970 Corvette convertible , which was described as being “in good condition”. After the buyer paid well over $13K for the car on Ebay, he found upon receiving shipment that the vehicle was undriveable and he wound up spending $40K just to restore it.

The seller sued for breach of contract, common law fraud, negligent misrepresentation, and violations of the Consumer Fraud Act. The lower state court awarded compensatory damages of $8561, but he also found the seller liable under the Consumer Fraud Act, trebling the damages to $29,953 and awarding $29,950 in counsel fees and $6,544 in court costs.

Under many state Consumer Fraud Acts, liability can generally only attach to dealers, limiting the law’s application to retail and wholesale sellers. Yet many legal counsel in the consumer fraud arena believe consumer fraud acts should apply to “any person” who commits an act of fraud in the sale of a product.

If you believe you have been a victim of consumer fraud, contact your San Antonio and greater Texas consumer fraud attorney today.