All Forum Posts by: Zoe Lee

@Zoe Lee When you contacted TREC, were they interested to know the property manager was unlicensed? You should ask if they might go after him and file a cease and desist (in order to protect the public), from an unlicensed individual who is acting as a property manager in Texas, without a real estate license.

https://www.trec.texas.gov/q-does-property-manager-have-be-licensed

I haven't heard back from them. Thank you, I'll ask that when they reply.

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Originally posted by @Ronald Rohde:

Originally posted by @Zoe Lee:

I did a bit poking around, and didn't find the LLC on Secretary of TX's website. Does that mean the contract between us and his LLC is invalid?

If this is the case, do we need to sue him instead of the LLC? I do have his name from a check.

I haven't seen your contract, but the person who signs is liable. He has remedies to ratify by LLC though.

Ronald, I took another look at the contract. Turned out, the copy we have only has our signatures. We signed and emailed it back to him. He ever sent back the one with his own signature. Now does that make the contract invalid? Does this make it a District Court case, rather than small claim?

I contacted TREC, but with him not being a licensed agent, nor is his LLC registered, I don't know how legally we can track him down and make him pay.

I stopped by his business address, it is just a mailbox inside a UPS office.

Very upset...

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Originally posted by @Greg H.:

I would handle it this way:

-I would send a demand letter today via certified and regular mail demanding the amount due within 10 days

-I would file a complaint with the Texas Real Estate Commission that he is practicing real estate without a license and withholding/stealing funds. This is important !

-I highly doubt he is licensed as a contractor(Texas does not require), however if he is an electrician I would pursue a complaint there if he did any electrical work as part of his management and failed to account for the money(Longshot but should put more pressure to make payment)

The reality is that getting a judgement in Texas still means you have a very little chance of collecting. The key is going to pursue action through TREC and hopefully bring at least the threat of criminal action. This is the avenue to hopefully get paid

Hi Greg, thanks for the feedback. How do I go about complaining to TREC?

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I did a bit poking around, and didn't find the LLC on Secretary of TX's website. Does that mean the contract between us and his LLC is invalid?

If this is the case, do we need to sue him instead of the LLC? I do have his name from a check.

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Originally posted by @Ronald Rohde:

@Zoe Lee There are several elements to a civil litigation matter. This dollar amount is relatively small, but we could pursue demand letter, file in County Court, collect judgment, garnish bank accounts, or file liens on non exempt property.

Collectibility is a huge factor for these "fly by night" defendants. I'm happy to discuss my experience on these types of matters. Regardless, please pursue this claim, I hate to see blatant criminals steal money without any legal record of the alleged theft! It serves as a warning to others in the future.

Thank you Ronald. But attorney rate is very high. And since we have the contract, statements, and bank deposits to prove that we haven't received the rents from him, I feel this should be a pretty straight forward case. At this point we are planning on self representation at the small claim court.

My only concern is if the judge of small claim court is able to reinforce payments, like you mentioned, seize his bank accounts or put liens on his property. I'd appreciate your insights on this.

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Originally posted by @Ethan G.:

It really depends on who you hire, could be between $150 to $350.

Originally posted by @Zoe Lee:

Originally posted by @Ethan G.:

Is it truly an open and shut case where they owe you money and just never sent it to you (due to their incompetence, fraud, etc.)? If so, would guess 10 hours or so. Does your property management agreement specify that you can get attorneys' fees if you sue them and you win?

Originally posted by @Zoe Lee:

Originally posted by @Ethan G.:

You can sue for up to $10,000 in Texas small claims court generally. Amount is big enough you may want to hire a lawyer and go to "real" court.

Originally posted by @Zoe Lee:

Originally posted by @Ethan G.:

How much does he owe? If small, you can do small claims

close to 10,000

Thank you Ethan. How much would a lawyer cost for this type of case?

yes. never paid. What's an attorney's rate? I have little idea.

Thanks!

A coworker said he won a case against a real estate related case, but the other party never paid. Is there any way to reinforce the payment, assuming we win the case?

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I googled, turned out he has licenses for electrician, contractor, building, but real estate.

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Originally posted by @Khanesia Washington:

If the PM was not licensed you should take them to court anyway. Did you have no agreement between you and the PM?

I cannot find him on TREC website. Does that mean he's unlicensed? Yes we have a contract.

All Forum Posts by: Zoe Lee

Zoe Lee has started 20 posts and replied 151 times.

Post: My PM owns us thousands of dollars in rent, what can I do?

Post: My PM owns us thousands of dollars in rent, what can I do?

Post: My PM owns us thousands of dollars in rent, what can I do?

Post: My PM owns us thousands of dollars in rent, what can I do?

Post: My PM owns us thousands of dollars in rent, what can I do?

Post: My PM owns us thousands of dollars in rent, what can I do?

Post: My PM owns us thousands of dollars in rent, what can I do?

Post: My PM owns us thousands of dollars in rent, what can I do?

Post: My PM owns us thousands of dollars in rent, what can I do?

Post: My PM owns us thousands of dollars in rent, what can I do?