Articles Posted in Civil Litigation

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RockwallHarbor2Rockwall is a destination for residents and businesses alike. Rockwall has it all. High end living, great places to eat, Lake Ray Hubbard, easy access to Dallas and East Texas. Overall, it is a great place to live and raise a family. It is also a great place to start a business because of the high population density in Rockwall and the fact that it is a hub for several major interstates and highways.

Guest and Gray, P.C. is the largest and highest rated law firm in Kaufman and Rockwall counties. Our staff of attorneys is dedicated to serving the Rockwall area. We are the local, trusted law firm who has represented hundreds of Rockwall county residents over the years in various legal disputes.

We are a full service law firm practicing in the following areas of law in Rockwall County, Texas:

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HuntCountySabineRiverHunt County is a mostly rural county. Everyone knows that Greenville is exploding in size, but what people do not know is that the rest of the county is getting ready to catch up. The people are great and the cities and towns bring back memories of what Texas was like growing up. But even Hunt County simply cannot escape the growth in nearby Dallas, Collin and Rockwall counties. Between 2014-2015 and 2015-2016, Hunt County’s year over year growth spiked from just over 1.2% to 2.48%. Similar growth has continued in the county in  2017 and early 2018 so far.

As a lawyer, what I see coming for Hunt county is increased traffic and traffic accidents and an uptick in civil litigation. Residential growth always leads to commercial growth. Both of those lead to civil litigation, such as real estate and breach of contract litigation. When most people think of hiring a lawyer, their first thought is “I need a Dallas lawyer!”

However, that is simply not the case. Hunt county has numerous attorneys who are capable handling any of your civil litigation needs. Guest and Gray, P.C. is a law firm based out of Kaufman and Rockwall counties that seeks to represent people in civil litigation matters all across East and Northeast Texas, including: Kaufman, Rockwall, Hunt, Anderson, Henderson, Hopkins, Lamar, Rains, Rusk, Smith, and Van Zandt county areas.

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GuestandGrayLogoGuest and Gray Law Firm is the highest rated local law firm for both Rockwall and Kaufman counties. Our main offices are located in Rockwall off of T.L. Townsend just passed the Rockwall County Court House and our Forney location is located in old downtown Forney off of Bois D’Arc St., in the old bank building. We strive to obtain outstanding results for our all of our cases. Our support staff is hardworking and knowledgeable strives to put you at ease during tenuous times.

Being involved in litigation is never a person or businesses goal. However, sometimes circumstances make it impossible to avoid a lawsuit without giving up substantial rights and, in most cases, money.

Guest and Gray, P.C. is one of the only full service law firms in the Kaufman and Rockwall county areas. When it comes to providing service to our clients, we have the attorneys to provide excellent legal counsel in just about any area of law. Our practice areas include:

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Guest and Gray, P.C. is not only the largest law firm in Kaufman county, we are one of the only full service law firms this side of Dallas. We are the firm to call if you have been injured in an accident, have child custody or divorce questions, need an estate plan or Will, have been sued under a contract or other breach of duty, and many more. Guest and Gray, P.C. has nine attorneys and over 100 years of combined legal experience.

We are trial seasoned and trial ready attorneys who are ready and willing to fight for your rights. Whether it be fighting for Kaufman county residents against forced annexation or fighting voter fraud in our local elections, Guest and Gray, P.C. is here for our local community in ways that no other law firm has done before. We have represented literally thousands of local residents in both civil and criminal matters. No one else can say that. That is why we are the largest and highest rated law firm in Kaufman county.

Guest and Gray: The Largest and Most Highly Rated Local Law Firm

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real-estate-imageSell real estate? Own a title company? Are you an Investor? Well here are two realities to long term real estate work: taxes and lawsuits. So, get to know the two kinds of people who deal with those issues. At Guest and Gray, P.C. we can help you with the lawsuits. We can also help you with document preparation. Document preparation is fundamentally important to a real estate deal. Why? Because good documents will keep you from getting sued, and if you do get sued, good documents will only serve to help you in the lawsuit.
Because of this, I always tell my long term real estate clients that attorneys are a cost of doing business. We just are. Real estate is one of the most highly litigious areas, especially in the hot real estate market in the Dallas, Rockwall and Kaufman county areas (especially Forney, Terrell and Rockwall areas where much of the growth is the housing boom and/or economic boom).
Here are some of the main reasons to use a real estate attorney when you are doing any sort of large real estate deal, residential or commercial:
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handshakeAfter businesses enter into a contract, those entities have certain responsibilities to one another until such a time that the contract has been completed. If one of the parties materially breaches the contract and the other party is harmed by that breach, then the other party is entitled to damages. But how do we measure those damages, i.e., how does the law provide an injured party damages in a contract case?
Plaintiffs in breach of contracts cases can seek several types of damages. These types of damages can be distinguished according to the function that each serves. In general, the types of available damages fall into three categories, known as “benefit of the bargain” (or “expectancy”), “reliance,” and “restitution” damages. It is sometimes said that expectancy damages are the “normal measure” of damages. What this  means is that benefit-of-the-bargain damages is the most commonly sought measure or type of damages. It is does not imply that it is superior to the other measures of damages.
Benefit of the Bargain Damages: A party wishing to be placed in the same economic position that it would have occupied had the contract not been breached will seek expectancy damages as a result. Expectancy damages are tied to the expected benefit the non-breaching party was to receive had the breaching party not breached the contract.
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handshakeThe Purchase and Sale Agreement

Purchase and Sale Agreements are required when a person or entity acquires another business or assets of another business. These sorts of documents are common place and if you are in the market to purchase an existing entity with ongoing operations, this is a document that you should become quite familiar with before actually signing on the line. It is also a complex document that should be drafted by an attorney. Many people that I have spoken to over the years have not wanted to hire an attorney because of the additional cost. However, when you are spending hundreds of thousands and even millions of dollars on purchasing a new company or business assets, saving a little bit of money on attorney’s fees is not worth it if you mess the whole thing up and it costs you big time in the future.

Here is a basic run down of a Purchase and Sale Agreement. It is a lot like a Residential Real Estate Contract, but with some additional terms and sections that make it a much more complex document that a Realtor or broker, absent a corresponding law license, should not be drafting from scratch on their own.

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GuestandGrayLogoGuest and Gray Law Firm Provides All Sorts of Legal Services Related to Real Estate Law Issues:

Consultations for residential and commercial real estate issues including review/comment on TREC and TAR earnest money contracts, title commitments, and closing documents. Asset protection review (APR) is also available. Charges apply for consultations and APRs.

Real estate document preparation for Texas residential and commercial transactions including earnest money contracts, warranty deeds, real estate lien notes, deeds of trust, affidavits, leases, lien releases, assignments, options, and affidavits of heirship.

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Litigation-imagesWhen speaking with an attorney about how to defend yourself in a lawsuit, or how the defense may counter any claims they may bring as a plaintiff, you need to be informed of the different kinds of defenses the other side may have. One type of defense is called an “affirmative defense”. An affirmative defense is different from a general denial. A general denial. A general denial, in its most basic form, puts all the allegations in the plaintiff’s original petition at issue. That is why it is called a “general denial” because you are denying each and every, all and singular claims that the Plaintiff has brought against you. By filing a general denial, you have “answered the cause” and the Plaintiff will then be required to prove each and every element of his claims. In addition to the general denial, you may also bring affirmative defenses as well in the same Answer with the court. In some cases, it may also be required that you answer “with specificity” and you may do so by naming specific claims that the Plaintiff has brought against you and deny each of those claims individually and present facts in your Answer that support those specific denials. However, this article focuses on affirmative defenses, how they can be used and why they can be so effective. If you have any questions about any defenses you may have after you have been sued, contact the experienced civil litigators at Guest and Gray, P.C.
WHAT IS AN AFFIRMATIVE DEFENSE?
An affirmative defense “seeks to establish an independent reason that the plaintiff should not recover” and is “thus [a defense] of avoidance, rather than a defense in denial”; that is, it is a defense of confession and avoidance. In re C.M., 996 S.W.2d 269, 270 (Tex. App.—Houston [1st Dist.] 1999, no pet.); Great Am. Prods. v. Permabond Int’l, 94 S.W.3d 675, 683 (Tex. App.—Austin 2002, pet. denied).
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civil-litigation-picture-300x214Guest and Gray, P.C. has helped countless individuals and businesses in the Forney, Kaufman and Rockwall area over the years. Our attorneys are trusted, local and proven. Our areas of civil practice involve personal injury, contract litigation, real estate, partnership and business disputes, and construction litigation. Our attorneys have the knowledge and practical experience to help guide you through the legal processes from start to finish, including asserting your rights at trial.

Real Estate Litigation

Kaufman and Rockwall counties are seeing unprecedented growth. New home start ups are at record highs. This means that lots of people are entering into real estate contracts. So, it is important to know the rights and duties each party to the transaction has, and what the ramifications for failing to abide by the contract are in a Texas real estate transaction.