Legal Opinion
Brown v. De La Cruz
Texas Supreme Court
Decided December 3, 2004No. 03-0703PublishedCited by 176 opinions
1Opinion of the CourtJustice Brister, joined by Chief Justice Jefferson, Justice Hecht, Justice Owen, Justice O’Neill, Justice Wainwright, and Justice Medina
Since 1995, the Texas Property Code has required that sellers by executory contract (or “contract for deed”) of certain residential property in Texas must record and transfer a deed within thirty days of final payment. 1 In this case, a seller subject to the statute delivered title almost four years too late.
From 1995 to 2001, the Property Code provided that failure to comply was “subject to a penalty” of up to $500 a day. 2 By amendment in 2001, the Code now provides that such a seller is “liable to the purchaser for ... liquidated damages” in the same amount. 3 The 2001 amendment clearly…
2Cases cited37 opinions
- Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
- Cort v. AshSupreme Court of the United States · 1975
- Cannon v. University of ChicagoSupreme Court of the United States · 1979
- Alexander v. SandovalSupreme Court of the United States · 2001
- Touche Ross & Co. v. RedingtonSupreme Court of the United States · 1979
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3Cited by176 opinions
- Texas Lottery Commission v. First State Bank of DeQueenTexas Supreme Court · 2010
- Gary Wayne Jaster v. Comet II Construction, Inc., Joe H. Schneider, Laura H. Schneider, and Austin Design GroupTexas Supreme Court · 2014
- Deleese Allen v. Walmart Stores, L.L.C.Court of Appeals for the Fifth Circuit · 2018
- City of Houston v. JacksonTexas Supreme Court · 2006
- Hamilton v. PechacekCourt of Appeals of Texas · 2010
171 more not listed; retrieve them via the Exa API.