Ben Carrasco Wins Appeal in Real Estate Case

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Ben Carrasco Wins Appeal in Real Estate Case
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Oct 05, 2011

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I’m very pleased to announce that I have prevailed in an appeal on behalf of two clients in a real estate litigation matter.

While family law is the bread and butter of my practice, I still occasionally take on general civil litigation matters, including real estate litigation, breach of contract, and business litigation disputes. In 2014, I represented two real estate investors who contracted to purchase a residential property here in Austin. After signing the sales contract, the seller came down with a severe case of “seller’s remorse” and attempted to rescind the contract—first by sending a letter to the title company cancelling the contract for unspecified “family reasons” and then, after my clients filed suit to compel his performance with the contract, concocting a bogus fraud claim.  My clients prevailed on summary judgment in the district court—meaning the judge decided the case in our favor before trial—and were awarded $10,000 in attorney’s fees to boot. The seller refused to gracefully accept defeat and filed an appeal. Appeals in Texas take a long time—up to two years before an opinion is rendered. On September 29, 2017, the Third Court of Appeals in Austin affirmed the district court’s judgment in my client’s favor. A copy of the opinion is included with this post for your reading pleasure.

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