Owning a business is complicated enough without having to deal with legal issues. An understanding of the complex relationships that can exist between business owners, their employees, clients and suppliers is crucial to avoiding and resolving conflicts. Walter Law Firm PC has extensive experience and expertise in drafting and negotiating contracts and business and real estate transactions. We handle declaratory judgment actions for interpretation of contracts and property rights, disputes between business partners and shareholders, as well as enforcement of contract and lease rights, including repossessions, warranties, usury, covenants not to compete and tortious interference claims. All important business relationships should have a well-constructed and negotiated contract that sets out the terms of the agreement in a way that assists in avoiding future contract disputes. Our business lawyers provide expertise in corporate and commercial law to our business clients, large or small.
Mechanic’s & Materialman’s Lien
Walter Law Firm is experienced in representing contractors, engineers, builders, developers and property owners. Under the Texas Property Code, one who furnishes labor or materials to improve real property is entitled to obtain a Mechanic’s and Materialman’s Lien (sometimes called an M & M lien or a Mechanic’s lien). A Mechanic’s Lien gives a builder, contractor or supplier legal leverage to get paid for their work as well as for the materials and supplies purchased for a project. Since the statutory requirements are strict, and the deadlines for filing are short, please do not cost yourself substantial losses by filing an M & M Lien by yourself to save attorney fees. Our law firm can compute the deadlines, prepare and file the lien, and send the required notices as well as filing enforcement actions (foreclosure).
Real Estate &
Individual and Business Litigation
Walter Law Firm represents plaintiffs and defendants in real estate and title litigation throughout Texas. We represent homeowners, property owners, developers, contractors, subcontractors, home owners’ associations, condominium owners’ associations, buyers, sellers, brokers, architects, engineers, landlords and tenants, whether in residential, commercial or industrial settings. We specialize in the enforcement of real estate contracts, adverse possession claims (“squatter’s rights”), trespass to try title and rights of possession of real property. Residential property management is offered through our associated brokerage, Key Trek Realty.
Debt Collection and Judgment Enforcement
Collecting debts is critical to the cash flow of any business. As part of our overall business practice, we assist clients in recovering past due receivables. We use courtroom experience as leverage to negotiate the best deal for our clients. Wherever warranted, we assert claims for breach of contract, fraud, Deceptive Trade Practices, to maximize both the pressure on the defendant and the recovery to our client. Our firm represents debt buyers, investors and financial institutions, and has successfully litigated cases for numerous individuals in collecting money owed following entry of judgment. Walter Law Firm is skilled in both prosecution and defense of suits to collect debt as well as enforcement of judgments.
Deceptive Trade Practices
Assertion and Defense of Claims
The Texas Deceptive Trade Practices Act (DTPA) covers virtually any kind of commercial activity in which there has been a misrepresentation to the consumer. A violation requires only that a person or company suffer damages due to a “deceptive act or practice… in or affecting commerce.” This broadly applicable law can be a basis for a claim in most kinds of commercial transactions. Moreover, “knowing” violations of this law can leave your company subject to treble damages, as well as attorneys´ fees. Since a claim under the DTPA is usually joined with a claim for breach of contract, negligence and/or fraud, a complainant is likely to have more than one way to recover in the same suit. It is imperative that both plaintiffs and defendants seek counsel who is knowledgeable about how the DTPA applies in their case. Walter Law Firm has extensive experience with cases involving assertion and defense DTPA claims, and related causes of action.
Commercial and Residential Tenancy Rights
When conflict arises in a landlord/tenant relationship, either can find it necessary to contact a lawyer about lease terms that are suddenly in dispute. Walter Law Firm assists both landlords and tenants by advising them about the rights and responsibilities of each party. Our real estate lawyers are skilled in the enforcement of lease rights and remedies in both commercial and residential properties, including evictions and recovery of damages that are the result of landlord or tenant breach. Our lawyers are skilled in all aspects of real estate law—from drafting, reviewing and negotiating the terms of a lease agreement for commercial or residential landlords/tenants to fighting to protect client’s rights in a lawsuit.
Legally, fraud happens when someone misrepresents an important fact to induce someone else to take some action. A misrepresentation can be a false statement of fact, a promise of future performance made with an intent at the time the promise was made not to perform as promised, a statement of opinion that the maker knows to be false, or a failure to disclose facts when there is a duty to disclose them. Unlike a claim under the DTPA, to recover in a fraud claim, the misrepresentation must be intentional. Therefore, Fraud can be difficult to prove. However, if proven, exemplary damages may be recovered.
Fraud claims are often brought together with claims for breach of contract, Deceptive Trade Practices, and/or conversion, since the same facts may allow for recovery under more than one type of claim.
Business and Civil Litigation
Walter Law Firm practices all aspects of civil and business litigation for individuals and organizations throughout Texas. Our mission is to provide our clients with the best possible legal representation through zealous and personal attention to each individual’s needs. The firm has knowledgeable paralegals and engages outside experts as needed to ensure that each client receives fair and passionate representation at every stage of the judicial process. Our seasoned lawyers provide an initial consultation with a view toward early settlement of a case, if attainable. If not, our litigation team prides itself on delivering a superior effort to resolve the case quickly through mediation, summary judgment, arbitration, trial and/or appeal to obtain favorable results for the client. When our clients prevail… we prevail.
Contact us to learn how we can represent you and to schedule an appointment.