County needs to explain 50 percent increase in square feet
Q: The county had a house listed for about 50 years for around 1,300 square feet. Then last year it went to around 1,900 square feet, now it is for sale. The room sizes listed on the Realtor page still equal the old number. The house is very small and doesn’t look like the new number at all. There are no additions and the attached garage is still unfinished. Can the new buyer sue the seller?
A: Anybody can sue anybody for anything. Courts have upheld a cause of action for misrepresentation of square footage. It is not just that simple, however. You can rely on a government figure as a defense to the suit under the Deceptive Trade Practices Act. How did the county explain a 50 percent increase in size of the house? Why didn’t the buyer question the size that was so obviously wrong? How did the real estate agent overlook it? Why did the seller not protest the taxes? We think there’s a lot of negligence to go around here.
Q: I repeatedly see recommendations to only do business with “large” reputable title companies. As you know, title insurance agents and underwriters in Texas are highly regulated with certain minimum capital reserves. Agents are sponsored by underwriters who bear the responsibilities to pay any claims. Therefore, if a small business owner who has been in business for 100 years is competing against a large reputable title company in that same market are you suggesting consumers should use the large title company?
A: There’s absolutely nothing wrong with small title agents. Sorry if there was an indication otherwise. In small counties and rural areas, there’s nothing else, and most of those companies have been family owned for generations and have a very high level of expertise. The caution we meant to give was that some small title companies don’t have the experience and expertise of the larger companies. Some of these companies go out of business, misapply escrowed funds, and don’t do adequate title searches. If you ever have a title claim or escrow loss, a larger company is a better defendant to guarantee solvency.
Q: My neighbor just painted his house a horrible color. Then he painted the downspouts and gutters an even worse color. What can I do about this? I’ll never be able to sell my house with this next door.
A: Welcome to the neighborhood. Unless the colors violate the deed restrictions, there’s not a lot one can do. It’s his property, and he can do what he wants with it. He is making his own statement, apparently. Having the neighbors discuss it with him may help.
Q: A few years ago, I transferred title to my house to a trust of some kind. My attorney has passed away, and nobody seems to understand why I did this, including me. We are retiring and putting the house on the market and are afraid we will have title problems. How do we resolve this?
A: Get thee to a good estate planning lawyer. Your title company also may be willing to help. Get your answers now to eliminate a potential problem after you get a contract to sell the property.
To send a question visit and select the “Ask A Question” button. Answers to questions do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney. George Stephens is the broker of Stephens Properties. Charles J. Jacobus, J.D. is board certified by the Texas Board of Legal Specialization in residential and commercial real estate law.