The Texas Supreme Court in Copano Energy, LLC v. Stanley Bujnoch, Life Estate, et al., determined whether an enforceable agreement was established through email correspondence. The plaintiffs, Stanley Bujnoch, Life Estate, et al. (“Bujnoch”), sued for breach of contract and tortious interference with that contract. The defendants argued that the statute of frauds barred the
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Do I really need a survey?
This is a question that I receive regularly from clients who are purchasing property. Most often clients are debating whether the information received from a survey is worth the cost and time to have a survey prepared. Surveys are not required to purchase real estate. However, if you are financing all or a portion of…
Texas Supreme Court Limits Grantor’s Liability Under Special Warranty Deed – Pt. 3
This is the third and final post regarding the Texas Supreme Court’s (the “Court”) decision in Chicago Title Insurance Company v. Cochran Investments, Inc., No. 18-0676 (Tex. 2020). Part 1 addressed the Court’s ruling that qualifying language in a special warranty deed limits the grantor’s liability for breach of the implied covenant of seisin […
Texas Supreme Court Limits Grantor’s Liability Under Special Warranty Deed – Pt. 2
In my previous post, I discussed the Texas Supreme Court’s (the “Court”) decision in Chicago Title Insurance Company v. Cochran Investments, Inc., No. 18-0676 (Tex. 2020) that pertained to the claim for breach of the covenant of seisin [click here for Part 1]. In this post, I will discuss the Court’s holding that…
Texas Supreme Court Limits Grantor’s Liability Under Special Warranty Deed – Pt. 1
On June 19, 2020, the Texas Supreme Court (the “Court”) issued a decision in Chicago Title Insurance Company v. Cochran Investments, Inc., No. 18-0676 (Tex. 2020), that will cause real estate attorneys to stop and reconsider the language used in most deeds. The Court ruled that:
- Qualifying language in a special warranty deed limits the
…
Texas Supreme Court Limits Grantor’s Liability Under Special Warranty Deed – Pt. 3
This is the third and final post regarding the Texas Supreme Court’s (the “Court”) decision in Chicago Title Insurance Company v. Cochran Investments, Inc., No. 18-0676 (Tex. 2020). Part 1 addressed the Court’s ruling that qualifying language in a special warranty deed limits the grantor’s liability for breach of the implied covenant of seisin […