| Volume 137 Number 6 |
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The People’s Lawyer’s Tip of the Day
A debt collector may call you at work until he or she knows your employer prohibits such calls. Once to tell the debt collector the calls are prohibited, federal law says the calls must stop. Click here for more.
5 Summer Scams to Avoid
(1) The “Great” Vacation Rental: To book it, the ad says you need to wire an advance payment and it provides wiring instructions. Next, either the contract for the rental never arrives, or you get it, sign it and head to the house only to find that it doesn't exist or that it is locked up and there is no one to let you in. (2) A Home Improvement “Special": A contractor shows up at your door saying he just happens to be repaving a driveway nearby and has leftover material. He offers to repave your driveway inexpensively. He either takes your money without completing the work or he does a shoddy job.(3) A Low Cost Move: You search the web for a moving company that can transport your belongings without charging you hefty fees. You choose one and after the move is underway, the mover does not deliver your items to your new home. (4) Discounts on Hotel Stays: When searching on the Web, you find what appears to be the website for the hotel in which you'd like to stay. But the site is actually run by a third party that wants you to believe you're dealing directly with the hotel. After you input your credit card information, you may find that a reservation was never be made and that the scammer now has your credit card details. (5) A Free Home Alarm System: A salesperson shows up at your door warning about a recent rash of burglaries in your neighborhood. But it's your lucky day because you're eligible for a home security system, totally free. The salesman, however, requires that you sign a multi-year contract for its services. The salesman may also falsely claim that you must act immediately to take advantage of a limited time offer, the FTC says. Click here for more.
Your Money
The most accurate way to calculate how much home you can afford. Follow the 28/36 rule. Twenty-eight percent of your monthly gross income is what you should spend for all your housing expenses. This includes your mortgage payment, taxes, and insurance. On the back end, the 36% refers to your total debt compared to your income. So add up all your monthly debt payments including credit card, students loans, car loans, alimony or child support. Even if your total debt is over 36%, it shouldn’t completely deter you from buying a home, most lenders will go beyond the 36%, even up to 50%, but that’s definitely riskier. Your down payment: putting down 20% is best. Any less than that and you’ll have to pay for additional private mortgage insurance. But you’ll only have to pay the PMI until you have 20% equity in your home. Click here for more.
For the Lawyers
Implied a warranty claim may be brought only under the DTPA. The Texas Court of Appeals for the 1st District held that an implied warranty claim may not be brought outside of the DTPA. The court stated: Whether the DTPA's statute of limitations applies to Nghiem's implied-warranty claim is a question of law that we review de novo. In Foreman v. Pettit Unlimited, Inc., we held that a claim for breach of implied warranty of good and workmanlike repairs to existing tangible goods is actionable only under the DTPA and is therefore governed by the DTPA's two-year statute of limitations. 886 S.W.2d 409, 412 (Tex. App.—Houston [1st Dist.] 1994, no writ). We recognize that courts are split as to whether a claim for breach of the implied warranty of good and workmanlike repairs may be brought under only the DTPA, but four Texas intermediate appellate courts—including this one—favor this approach. Nghiem v. Sajib, (Tex. App. Houston 1st Dist. June 29, 2017). Click here for more.