Cleburne Legal Blog | Cain & Kiel Law

Can an Oral Business Agreement Be Enforced in Texas?

2026-09-14 00:00:00

An oral business agreement can be enforced in Texas, but only under certain situations. Texas law generally allows spoken contracts to hold up in court, as long as the agreement does not fall under a specific list of exceptions that require a signed writing.

If you're relying on a handshake deal to run part of your business in 2026, understanding where that agreement stands legally could save you time, money, and a painful surprise later. A Hill County, TX business and commercial law attorney can look at the details of your situation and tell you whether you had better sign an agreement.

What Makes an Oral Agreement Legally Binding in Texas?

An oral contract is legally binding when it includes the same basic elements as a written one: an offer, acceptance of that offer, and something of value exchanged between the parties. If two business owners agree out loud to trade services for payment, and both sides understand and accept the terms, Texas courts can treat that as a real, enforceable contract.

What To Know Before Buying a Commercial Property With Existing Liens

2026-08-19 00:00:00

Before buying a commercial property with existing liens, you need to do three things. You need to identify exactly what liens exist. You need to figure out who's responsible for paying them off. You also need to make sure any unresolved liens are addressed before closing, so you don't inherit someone else's debt.

If you're considering a purchase with existing liens in 2026, our Tarrant County real estate lawyer can help you navigate this process safely. Attorney Scott Cain brings over 20 years of experience to these transactions.

What Types of Liens Commonly Affect Commercial Property?

Several types of liens can attach to commercial property. Each one arises from different circumstances. Common types include mechanic's liens filed by contractors who weren't paid for work performed on the property. Tax liens can result from unpaid property taxes. Mortgage liens come from loans the current owner took out using the property as collateral.

Can You Disinherit a Family Member in Texas?

2026-08-06 00:00:00

You can disinherit a family member in Texas. However, the law places important limits on who you can and cannot fully cut out of your estate. For example, it can be much harder to disinherit some more immediate family members in certain situations.

If you're considering disinheriting a family member in 2026, our Hood County, TX estate planning lawyer can help you understand your options and make sure your wishes hold up legally.

Can You Legally Disinherit Your Adult Children in Texas?

Texas law generally allows you to disinherit an adult child without providing a reason. Unlike some states, Texas does not require you to leave anything to your adult children. Under Texas Estates Code Section 251.001, your property passes according to your will, and courts will typically honor a clearly written will that leaves out a specific child.

Is It Ever Illegal to Rescind a Job Offer in Texas?

2026-07-18 00:00:00

It can be illegal to rescind a job offer in Texas. This is especially true if the decision is based on a protected trait, like age or race. It can also be illegal if the offer created a binding legal duty you didn't realize existed. Texas gives employers a lot of freedom in hiring decisions. But that freedom has real limits in 2026. Our Hill County employment lawyer for employers can help you understand where those limits are. This matters before you rescind an offer that could expose your business to a legal claim.

Can You Rescind a Job Offer for Any Reason in Texas?

Texas is an at-will employment state. This generally gives employers broad freedom to rescind a job offer for almost any reason. Employers can even do this for no reason at all, as long as the person hasn't started working yet. This might include a change in business needs. It could also be a failed background check or new information about the candidate. But "almost any reason" isn't the same as "any reason." Certain rescissions cross a legal line. This is true even in a state that gives employers this much flexibility.

What Legal Issues Should Developers Consider Before Buying Land?

2026-07-04 00:00:00

Buying land for development can be a great investment, but it comes with legal risks that are easy to miss if you’re not careful. Many developers have run into serious problems after closing, only to find zoning restrictions, environmental issues, or title defects that made their plans impossible or far more expensive than expected. Dealing with the legal side before you buy can save you enormous amounts of time and money. If you are considering a land purchase for development in 2026, a Tarrant County real estate lawyer can help you spot problems early and make sure the deal protects your investment.

What Zoning Issues Should Developers Check Before Buying Land?

Zoning is one of the first things to look into before buying any piece of land. Zoning laws determine what you can build and how the land can be used. A parcel that looks perfect may be zoned for agricultural use when you need it zoned for commercial or residential development.

What Happens to a Mortgage During Probate?

2026-06-21 00:00:00

When someone dies with a mortgage on their home, that loan does not go away. The debt stays attached to the property and has to be dealt with as part of the probate process. What happens next depends on whether there is a will, who inherits the home, and whether the family wants to keep the property or sell it. If you are dealing with an estate that includes a mortgaged home in 2026, a Hood County estate planning lawyer can help you work through the process one step at a time.

Does a Mortgage Have to Be Paid Off During Probate in Texas?

When someone dies, the full loan balance does not come due just because they passed away. A federal law called the Garn-St. Germain Depository Institutions Act prevents lenders from demanding the full loan balance simply because the borrower died and the property passed to an heir.

Can Silence or Inaction Count as Breach of Contract in Texas?

2026-06-04 00:00:00

In certain situations, silence or inaction can count as a breach of contract in Texas. To most people, a breach involves someone doing something wrong, like missing a payment or failing to deliver a product. But sometimes doing nothing at all is the problem.

If a contract required the other party to act and they did not, or if their silence led you to reasonably believe something that turned out to be untrue, they may be in breach. If someone's silence or inaction has caused harm to you or your business in 2026, a Hill County, TX business law attorney can help you figure out whether a breach occurred and what your legal options are.

What Is a Breach of Contract in Texas?

A breach of contract happens when one party fails to do what they agreed to do under a valid contract without a legal excuse for not doing it. Under Texas common law, a valid contract requires an offer, acceptance, consideration, and mutual agreement on the terms. When one side does not hold up their end of the deal, the other side may have the right to seek damages.

What Are the Benefits of a Sale-Leaseback Transaction for Commercial Property?

2026-05-23 00:00:00

If your business owns the property it operates from, you may be sitting on a significant amount of capital that is tied up in real estate instead of working for your company. A sale-leaseback transaction lets you unlock that capital by selling your property to an investor while immediately leasing it back, so your operations continue without interruption. For many business owners in 2026, this structure can be a smart way to access funds, strengthen their businesses, and continue operating from the spaces they depend on every day.

A Tarrant County, TX commercial real estate lawyer can help you understand whether this arrangement makes sense for your situation and how to protect your interests throughout the process.

A sale-leaseback is straightforward in concept. You sell your commercial property to a buyer, and on the same day, you become that buyer's tenant under a long-term lease agreement. You get the cash from the sale. The buyer gets a property with a reliable, committed tenant already in place. You keep running your business from the same location.

Can You Change a Trust After It Is Created in Texas?

2026-05-05 00:00:00

Whether you can change a trust after it is created in Texas generally depends on whether it is a revocable trust or an irrevocable trust. Understanding which type of trust you have and what your options are is the first step. If you have questions about modifying a trust in 2026, our Hood County, TX estate planning lawyer can help you figure out what is possible and how to move forward.

What Is the Difference Between a Revocable and Irrevocable Trust?

A revocable trust is one you can change whenever you want during your lifetime. You are in control. You can add assets, remove assets, change the beneficiaries, update the terms, or cancel the trust entirely. Most people who create a living trust start with a revocable trust because of this flexibility.

What Legal Steps Should You Take Before Launching a New Business in Texas?

2026-04-21 00:00:00

During the business formation process, there are several legal steps you need to take to protect yourself and your business. Skipping them does not just cause paperwork problems later. It can leave you personally on the hook for business debts, create tax headaches, and lead to disputes that could have been avoided. Getting set up the right way from the start is much easier than fixing problems after the fact. If you are launching a business in 2026, our Hill County, TX business formation lawyers can help you work through each step so your business launches on solid ground.

What Business Structure Should You Choose?

The first big decision you will make is choosing the right legal structure for your business. This affects how much you pay in taxes, whether your personal assets are protected if something goes wrong, and how your business runs day-to-day.