Generally, in an unambiguous deed, parol evidence cannot be used to ascertain the intent of the parties, so a warranty deed will be held to be a purchase and not a gift, and gift deed will be a gift. Parol evidence will not be received to contradict the instrument. This can have consequences related to...Read More

When is it too late to equitably reform a deed in Texas? In part, that depends on whether the deed is ambiguous. There is generally a rebuttable presumption that a grantor has immediate knowledge of defects in a deed that result from mutual mistake.8 The court of appeals plurality correctly notes that “[a]pplication of the...Read More

Tenant–Base has also asserted a separate string-along fraud claim. Landlord–Center has first argued that “string along fraud” does not exist under Texas law. This does not appear to be accurate. In fact, string-along fraud has been held to be an ongoing course of fraud that may begin before a contract is executed or can start...Read More

Under old common law, a lender attempting to collect a note was required to present the note, then provide a notice of attempt to accelerate and finally was required to provide a notice of acceleration.  Presentment, for sales of personal goods like autos, has been defined by the Texas Business and Commerce Code § 3.501...Read More