Contracts Lawyers for Pearland, Texas

Great question. First, you want to read your contract very carefully to see if the actions are in fact a violation of its terms, sometimes there can be flexibility in the provisions with regard to timelines and so forth. If there is in fact a breach, make sure you keep accurate documentation of the violations. Often times, a well written letter to the other party listing their obligations under the contract and how they have breached those violations is enough to get them to change their behavior. If not, you have the option to ask the court to enforce the agreement or require the breaching party to compensate you for any damages.

Contract Terms Govern Termination: In Texas, a freelance or independent contractor agreement is primarily governed by its written terms. If the contract includes a termination clause (for example, requiring 30 days’ notice or allowing immediate termination for cause), those provisions must be followed. Failing to adhere to agreed termination procedures (such as giving required notice or an opportunity to cure a default) can jeopardize the right to terminate and may itself breach the contract. Always review the contract’s termination and notice clauses first. At-Will Termination of Indefinite Contracts: If the freelance agreement does not specify a fixed duration or notice period (i.e. it’s an open-ended, indefinite contract), then under Texas law it is generally terminable at will by either party. In other words, when a contract contemplates ongoing, continuous services with no defined end date, either side may end the arrangement at any time. Texas courts do not favor contracts that bind parties in perpetuity and presume such indefinite agreements are terminable at will. (For example, an agreement for continuing services with no end date can usually be ended by either party without advance notice, absent a contractual notice requirement.) Fixed-Term Contracts and Wrongful Termination: If the freelance contract is for a set term or project and has no clause allowing early termination without notice, a party cannot unilaterally terminate it mid-term without potentially breaching the contract. Texas law only excuses a party from further performance (allows termination) if the other party materially breaches or repudiates the agreement. In plain terms, one side can end the contract for cause if the other side seriously fails to perform, but if there is no such cause and no contract right to terminate, ending the contract without notice would be a wrongful termination. The terminating party would then be liable for breach of contract, and the non-breaching party is entitled to damages. For instance, a client who fires a freelancer in violation of the contract’s terms could be required to pay for the work already completed or even lost profits as damages. Payment for Work Completed: Even when a contract is terminable at will or terminated without notice, the freelance worker should be paid for any services rendered up to the termination date. The non-breaching party can seek compensation for the work performed or costs incurred before termination. In the absence of a contractual notice period, a sudden termination is lawful if the contract is at-will, but the party who did the work can still recover the value of what was delivered. Bottom line: A freelance contract can be terminated without notice only if doing so is allowed by the contract or the law (e.g. an indefinite at-will arrangement). If a written agreement has specific termination or notice requirements, those must be honored in Texas. Terminating in violation of the contract (no notice when notice is required, or no cause when the contract doesn’t allow at-will termination) will put the terminating party in breach, subjecting them to liability. Always check the contract’s termination clause and Texas contract law before ending the relationship abruptly.

Have you spoken to the dealers manager or the manager of the dealership? if you haven't already done so, you should. Make sure to mention the delay in the dealer paying off the trade in and the fact that you called the the bank and they have told you this delay of two months can be done. If they don't listen to you, then it would be time to hire an attorney to assist you. If you would to engage my services where I would call the dealership on your behalf, you can contact me on the contracts counsel website and I would be happy to assist. Regards, Donya Gordon

Depends. It must be in writing unless specified in the agreement otherwise. Further, do both party mutually agree or does the original contract all for a unilateral change, per its terms.

Material Breach by Publisher – Right to Terminate:Ye s – under Texas law, if a book publisher fails to fulfill fundamental obligations under the publishing contract, the author (non-breaching party) may have the right to terminate the agreement. A material breach (a failure that goes to the heart of the contract) by one party allows the other party to end the contract and cease further performance. For example, if the publisher does not publish the book or fails to provide agreed-upon marketing/promotion crucial to the book’s success, that failure can be deemed a material breach of the publishing agreement. In such a case, the author can treat the contract as terminated due to the publisher’s non-performance. Texas courts recognize that when one party doesn’t “hold up their end of the bargain” in a significant way, the other party is relieved from continuing the contract. Contractual Termination Clauses: The specific written contract terms are critical here. Most publishing agreements are written and often contain provisions addressing default or termination. For instance, the contract might state that if the publisher fails to publish the book by a certain deadline or fails to pay royalties, the author can terminate and regain rights. Any such clause in the agreement will govern the termination process. Typically, publishing contracts include a requirement that the author give the publisher written notice of the breach and a chance to cure it within a specified time before the author can terminate. Texas law enforces these notice-and-cure provisions as written. Always check if the agreement has a clause like “Termination for Publisher’s Failure to Perform” or an “out-of-print”/reversion clause that triggers if the publisher isn’t meeting obligations. Notice and Opportunity to Cure: Before immediately canceling the contract, the author should follow any procedural steps required by the contract. Commonly, formal notice to the publisher describing their failure is required, along with a reasonable opportunity for the publisher to fix the problem. For example, if the publisher missed the publication deadline, the contract might require the author to give notice and maybe 30 days for the publisher to cure (publish or make arrangements) before termination is effective. This aligns with general contract principles in Texas – acting in good faith and giving the breaching party a chance to remedy can be necessary if the contract stipulates it. If the publisher fails to cure the breach in the prescribed time, the author can proceed to terminate the agreement. Grounds for Termination – “Failure to Fulfill Obligations”: Failing to meet essential obligations– such as not meeting publication deadlines, not printing or distributing the book at all, or not paying the author – typically constitutes a material breachin a publishing contract. If the breach “defeats the purpose of the contract” (for instance, the whole point was to publish and promote the book, and the publisher isn’t doing that), Texas law would consider it a substantial failure warranting termination. In one illustrative scenario, an author asked if they could end the contract because the publisher missed multiple release deadlines; the legal reasoning was that if timely publication was a key term, repeated delays amount to a major breach justifying termination. Likewise, lack of promised marketing support could be a breach if it significantly undermines the book’s success. The author should document how the publisher’s non-performance is a serious violation of the agreement. Remedies upon Termination: If a publishing agreement is terminated for the publisher’s breach, the author is generally released from any further obligations to that publisher and can seek remedies. This often means the author can keep any advance already paid (depending on the contract) and reclaim the book rights. The author may also seek damages for any financial losses caused by the delay or non-performance, though in publishing, usually the primary “remedy” is getting the rights back so the author can find a new publisher. Under contract law, the non-breaching party is entitled to be put in the position they would have been if the contract had been performed – in practical terms, the author could claim lost profits or opportunities if provable. However, many publishing contracts limit remedies, so it’s important to follow the contract’s termination procedure to ensure the rights revert to the author cleanly. In summary, yes, an author can terminate a book publishing agreement if the publisher materially fails to fulfill their obligations. Texas law treats a publisher’s significant failure (missed deadlines, no publication, lack of payment, etc.) as a material breach that can justify ending the contract. The author should invoke any applicable contract clauses, give required notice and time to cure, and then terminate if the issue remains unremedied. Once properly terminated for breach, the author is no longer bound by the contract and can seek appropriate remedies for the publisher’s breach.