Ben Carrasco Wins Appeal in Real Estate Case

By Ben Carrasco

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.

About the Author

Ben Carrasco is a highly skilled family law attorney based in Austin, Texas, known for his extensive expertise in family law and business litigation. While his primary focus is family law, Ben brings a wealth of experience in litigating diverse business disputes, ranging from breach of contract and collections to business torts, fraud, and real estate matters. In his family law practice, Ben navigates all aspects of the field, including divorce, child custody, support, property division, and more, offering clients expert guidance throughout the litigation process. His legal journey began in complex commercial litigation, initially with a global law firm and later with a prominent Austin-based firm. However, driven by a desire to make a direct impact on people's lives and embrace the human element of the law, Ben transitioned to family law, a decision that has proven to be deeply rewarding. A proud Austin native with roots in California, Ben completed his undergraduate studies at the University of California, Berkeley, before earning his law degree at Stanford Law School, where he excelled in legal writing and served as an associate editor of the Stanford Law and Policy Review.