A: Justice Courts have jurisdiction of civil matters in which the amount in controversy is no more than $20,000 (or $10,000 if the case was filed prior to September 1, 2020), exclusive of interest and court costs, but including attorney fees, if any.
I presume someone has mentioned to you theories of treble damages recoverable under the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) for knowing and intentional deceptive acts. While the DTPA is a broad, ranging statute, it cannot convert what appears a purely a breach of contract claim into a DTPA claim (in most instances) absent an separate act by the landlord. You should consult a contracts / DTPA lawyer who can help you evaluate the viability of your claims. Start with your lease agreement. Hope this helps. Kelvin www.roqski.com
A: You have raise serious concerns involving rights under both your transaction documents and Texas law related to your CT scan machine purchase and performance. Texas law protects buyers of goods under well-established warranty theories as well as provisions of the Business & Commerce Code (including prohibitions against deceptive trade practices).
You likely have a purchase agreement, guaranty agreement and or a warranty agreement. These are the minimum documents you should review closely to determine if the seller's actions violate terms of any (or all) of these agreements. A good lawyer can help you with your review and analysis.
While I think I know what your concern may be in your request for "lawyer with a good heart" who "is not money oriented", lawyers are like any other profession, some better then others, some good and some not as good and attorney fees vary. I suggest you locate one that you believe is ethical and who will aggressively pursue your interest. If so, you will likely find value in the services provided.
Our team at Roquemore Skierski PLLC is client-focused, passionate and zealous advocates for our clients. If you wish to speak with us go to www.roqski.com.
A: A waiver and release of liability is a good idea. We can draft a provision for you to include in your existing agreement or as a stand alone waiver agreement. It is not necessary that waiver be notarized.
A: You may have an executory contract under Texas law. There may be an argument to be made for an equitable title in the property. You need a lawyer to review the document to ensure compliance under applicable contract for deed or other laws. Without seeing the contract we simply have no way to know your options.
Roquemore Skierski PLLC are experienced, Texas-based attorneys who support owner operated, owner-managed businesses and entrepreneurs with a full range of legal services. We believe we help clients achieve measurable financial goals by providing practical yet sound legal advice. Review our Google reviews at https://g.page/r/CWfqItvpB8gWEAE.
