Real Estate Litigation Attorney in Dallas, Texas

Whether you're a property owner, developer, investor, or tenant, real estate disputes can disrupt your life and business. If you're involved in one, you need an ally who can guide you through the legal maze of real estate law. At Thomas McMurray, P.C., I help resolve a wide range of real estate litigation issues. 

I pride myself on my ability to think outside the box, and I employ both traditional litigation methods and creative alternatives to address and resolve clients' concerns in Texas. Contact me today to

Common Real Estate Disputes 

Understanding the most common real estate disputes can help you work toward resolving any complications that may arise: 

• Breach of contract: Contracts are the backbone of real estate transactions. When one party fails to uphold their end of the deal, it can lead to significant financial losses and legal complications.  

• Evictions: Eviction cases, such as unpaid rent, lease violations, or other issues, can be stressful for both landlords and tenants.  

• Property damage: Property damage, whether caused by natural disasters, construction defects, or other causes, can lead to extensive disputes.  

• Zoning and land use: Zoning laws dictate how property can be used and developed. Disputes over zoning and land use can be complex, involving multiple stakeholders and regulations.  

• Title disputes: Title issues, such as an undisclosed lien, conflicting claims, or errors in public records, can cast a shadow over property ownership.  

• Homeowner association (HOA) disputes: Disputes involving homeowner associations are often related to violations of community rules, unpaid fees, or disagreements over common property maintenance. These disputes can escalate quickly, requiring mediation or legal intervention. 

• Construction disputes: Conflicts can arise between property owners and contractors due to issues such as delays, budget overruns, or failure to meet specifications. These disputes can significantly impact project timelines and costs. 

• Lease disputes: Disagreements regarding lease terms, renewals, or conditions can lead to conflicts between landlords and tenants. Issues may arise over maintenance obligations, security deposits, or reasonable accommodations. 

• Environmental disputes: Property owners may face disputes related to environmental regulations, contamination issues, or land use that affects surrounding ecosystems.  

Texas Real Estate Laws You Should Know

Here are some key aspects of Texas real estate law that could impact your case: 

Statute of Frauds 

In Texas, the Statute of Frauds requires certain real estate contracts to be in writing to be enforceable. This includes agreements for the sale of land, long-term leases, and other significant property transactions. If a contract isn't properly documented, it may not hold up in court. 

Adverse Possession 

Adverse possession allows someone to claim ownership of land under certain conditions, such as continuous and hostile occupation of the property for a specified period (typically ten years).  

Deceptive Trade Practices Act (DTPA) 

The DTPA protects against fraud, misrepresentation, and deceptive practices in real estate transactions. If you've been the victim of dishonest dealings, this law can help you seek damages. 

Disclosure Requirements 

Texas law mandates that sellers disclose known material defects in the property. Failure to disclose can result in legal action. Sellers are also required to complete a Seller's Disclosure Notice detailing the condition of the home and any issues that may affect its value. This notice must be provided to potential buyers before the execution of the sales contract. 

Homeowners' Associations (HOAs) 

In Texas, many residential communities are governed by homeowners' associations (HOAs), which enforce rules and regulations regarding property use and maintenance. Homeowners are typically required to comply with these guidelines, and failure to do so may result in fines or legal action.  

Title Insurance 

Title insurance is a critical aspect of real estate transactions in Texas. It protects against losses from defects in the title to the property, such as liens, claims, or encumbrances that were not identified during the title search. Buyers are advised to obtain title insurance to safeguard their investment and ensure clear ownership. 

Property Tax Assessments   

In Texas, property taxes are assessed based on the value of the property as determined by the local appraisal district. Property owners have the right to appeal these assessments if they believe their property has been overvalued. However, failing to file an appeal within a specific timeline can result in losing the opportunity to contest the assessment.