If you used a TREC Promulgated Listing agreement, you are entitled to 3% to 6% commission (or whatever you agreed upon) on that property if sold during the listing term. If the sellers refuse to cooperate they may also be liable for damages due to interfering with the agreement. Be sure to hold up your end of the agreement as much as possible because if you are fired for cause, then you may be entitled to nothing. Contact an attorney as soon as possible to review the facts of your case.

Good luck, Brian

Looks like you may have a DTPA (Deceptive Trade Practices Act) claim against the car wash for damages plus attorneys fees. In a case like this, the car wash may be liable for your vehicles, the diminished values to your vehicles, and even your attorney’s fees. The fact that parts may have been faulty may yield a products liability claim depending on the facility and maintenance records and servicing company.

Good Luck, Brian

In Texas, the intentional tort or injury claim of false imprisonment consists of an act done with the intent to cause the direct restraint or confinement of a person’s physical liberty w/out legal justification or consent. Different types of restraint, both physical and non-physical. The two key elements are one, the restraint of an individual against his will WITHOUT consent; Two, the unlawfulness of such restraint. To give you a Counterexample, if a police officer arrests you, then this is not 2nd satisfied. If this seems like your case let me know.

Good Luck, Brian

The answer is, it depends. If they had probable cause to do so, then yes. If not then no. I would like to have an ALR hearing to determine whether law enforcement did indeed have probable cause to conduct a test. The fact he was 17 has no bearing on that issue, as in Texas your son is considered an adult. Even if he was 16, if the police had good reason to believe he was drinking, there really was no way around it.

Brian

First of all you may have a legal malpractice claim against your attorney depending on the details of your power of attorney agreement and/or contract for legal services. Your attorney may be liable for posting bond and or damages you may have for any jail time you may have to serve as a result of his negligence in notifying you of court dates. As far as your DWI case goes, I would hire another attorney; sounds like anyone else could do better than your current attorney.

Brian

The legal limit in TX is .08, so you are close. I do suggest you retain an attorney. With low of a blood alcohol level (BAL) you have a good chase of getting this tossed out. A .01 deviation, that you have could easily be explained as equipment error or human error in using the equiptment. You have som great facts.

Good luck, Brian

In this day and age, having a will is certainly necessary especially if you have many assets and many descendants. Depending on how specific and or complicated you want your estate to be, a simple will package prepared by a legal professional could range from $350.00 to $3500.00.

Brian

If you used a TREC Promulgated lease form, there is a section that discusses this very issue. In most cases your landlord must pay you a fee to keep a supra box on your leased home. If he has not done so, you may be able to file an injunction to have the supra removed from the property.

Best of luck,
Brian

If a court finds that your landlord is acting in “bad faith” he or she may be liable for up to 3 times your security deposit plus attorney’s fees under the Texas Property Code. I like your facts because this looks to be a prima facia case of bad faith on behalf of your landlord.

Brian

Once you tell Dell to stop calling you at home they by law must stop calling under the Texas Wrongful Debt Collection Act. If they persist in harassing you they may be liable for damages under that Act. I suggest you call Dell and first try to work things out. If that does not work, Dell may be liable for damages under the DTPA and the Wrongful Debt Collection Act.

Good Luck,
Phil Silberman, Attorney