Texas Real Estate Breach of Contract

One of the most common disputes in Texas real estate breach of contract claims is based on good faith, or more accurately, the lack of good faith in applying for credit. Many buyers attempt to avoid valid contracts by what is claimed to be intentional self-sabotage in the credit application process. Resolution of these claims often turns upon truthfulness, completeness, and fairness in presenting one's own financial health.

Bankruptcy & Texas real estate breach of contract claims

Because Texas real estate breach of contract claims are based upon agreement, liability lies in contract and is considered a general unsecured claim by Texas Bankruptcy cases. In the event a debtor files Chapter 7, all liability for breach of contract may be discharged subject to narrowly defined exceptions. However, if a debtor committed actual fraud which caused economic damages, the claim is transformed into non-dischargeable liability for fraud.

The Secretary of State for the State of Texas provides corporate information via telephone. This information includes the name, address and contact information for the corporate representative, as well as the date of original incorporation and whether the entity remains active. All bankruptcy cases require a list of creditors, and if the address included within the list of creditors is incorrect, and notice of filing is not delivered, subsequent actions taken by the Bankruptcy Court are ineffective against that creditor. Failure to provide notice is one of the damaging and easily preventable errors made by debtors.