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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 53954
Experience:  29 years of experience practicing law, including tax and estate planning.
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Texas Law Question

Customer Question

For Richard Only* Texas Law Question
Submitted: 9 months ago.
Category: Estate Law
Expert:  Richard replied 9 months ago.

Hi there. What's your question? :)

Customer: replied 9 months ago.
Hi Richard!.. Please see my friends situation below:My job is conducting a "employee-file audit" on my employee records. I think its has something to do with a VP i inadvertently pissed off. its being led by two former law enforcement officers (FBI now private sector)... They are reviewing and questioning my home sale, car sale, and my minor kids private school tuition being paid for by the company.Issue #1 Regarding the home sale: So far the employee, presented the
1) Real estate buyers agreement, and
2) One to four residential contract (resale) documents.. it was for that cash deal.After I presented it today to the company's auditors it literally, completely left! i have never experience anything like it!.. It became a full fledged interrogation including "we think you made this up".. "who did you get to draft these documents and such"... as I have never heard or experienced anything like this before, so I don't know what to do i'm really scared. I told them they could communicate directly with my lawyer and they said the lawyer could "email" him only.. please help me.Can you please help?
Expert:  Richard replied 9 months ago.

Thanks for following up. You really don't want to deal with these folks on your own. Rather, before you say or produce any further information, you need to engage an attorney to interface with these people. If you have these guys trying to dig up dirt on you, you want to have legal counsel to provide you counsel through out the process as to what to say and what to produce. Under my terms of service with JustAnswer, I'm not allowed to make a specific recommendation, but I can give you direction. You would want to either contact the Texas state bar association or your nearest law school for a referral. I prefer the latter because they take great pride in their graduates and will take a more personal interest in making sure your referral is a good one because it will be a reflection of the school.

Customer: replied 9 months ago.
they have already contacted the kids school asking them to confirm letters and financial statements.would a lawyer require them to stop making contact with schools etc..?
Customer: replied 9 months ago.
she out of the country working as an expat. can she engage retain a lawyer via the phone?
Expert:  Richard replied 9 months ago.

That's why you need a lawyer; to stop them from accessing information to which they have no right to simply access on their own. This is not a government acting; rather, this is an employer employing former law enforcement officers. Yes, she can engage a lawyer without being here.

Customer: replied 9 months ago.
what type would you recommend?
Expert:  Richard replied 9 months ago.

I would recommend an employment lawyer who represents employees.

Customer: replied 9 months ago.
thanks you for that Richard!... inquiries have been made for retain counsel.As for the documentation that has already been presented for her HOME SALE:
1.Real estate purchase agreement and
2.the one to four family residential contract (resale).(NOTE: the house was a cash sale to a revocable trust)
Question: she has not given anyone access or authority of any kind...can these documents be verified other then her printed documentation?
Expert:  Richard replied 9 months ago.

You're welcome...both parties signing the agreements can sign sworn affidavits that these documents are true and correct documents.

Customer: replied 9 months ago.
would this present a issue that even though both parties agree to sign but the effected party is outside the country? do affidavits need to have both original signature? what makes an affidavits legal?
Expert:  Richard replied 9 months ago.

The effected party could sign an affidavit in the other country and have it notarized there. It's simply a sworn statement that is notarized, so it swears that you are telling the truth.

Customer: replied 9 months ago.
Would it be ok to email or fax the affidavit to the other party to sign?
Expert:  Richard replied 9 months ago.

Yes...that's not a problem.

Customer: replied 9 months ago.
would the effected person also sign and have it notarized, or is it assumed because she the person making the claim that the information is true?
Expert:  Richard replied 9 months ago.

Yes, you want everyone involved to sign if possible.

Customer: replied 9 months ago.
Thanks Richard your responds..2nd question; regarding the back statements, she said that everything that she gives them they verify.. they keep asking for the HUD1, she thinks it just in hope of "catching her".. if they used a person that they mutual agreed to hold the escrow many... and they had someone prepare the hud1 summary statement that wasn't a title company...what if any information can be access by this investigators?Because she gave them her bank statements did she inadvertently gave them permission or unwanted access to something she didn't intend too? .. they are also making request to have her submit bank statements for tuition payments etc? has she opened herself up to anything?
Expert:  Richard replied 9 months ago.

As I mentioned, if I were you I would not provide any additional information; rather, she should tell them she is represented by an attorney and that they are to contact only the attorney and she won't be providing anything until and unless her attorney approves.

Customer: replied 9 months ago.
Richard,the saga contuses....,
This friend has started the process of hiring a attorney however she has not been fired from her job "yet" and suggested to me that by allowing a lawyer to represent her entirely would send a "defensive message"... and she wants to cooperate, she would like the lawyer to vet her documents and 'thoughts' but doesn't want to get bullied into saying or doing something she need to. ..so irrespective of my thoughts ...thats her call..
with thats said...
in the meantime, against all my recommendation, she turned in the unsigned HUD1 statement to auditors... and yet again they verbally accosted her accusing her of lying are insisting that in order for the hud1 to be "official" it needs to be signed... is this accurate?and the person that is listed as the settlement agent is NOT a licensed realtor she is NOT attorney, however has many years in real estates (I'm not sure what capacity), and the buyer and sell both mutually agreed to. is this ok to have their name in as the settlement agent?Please help us.
Expert:  Richard replied 9 months ago.

Hi there. I understand the saga continues, but I provided the best advice I could give....she needs an attorney. She may think it sends a "defensive message," but in the meantime she letting them roll over her. You can bet her employer has counsel. So, she effectively entering a boxing ring with gloves while her employer is hitting her without gloves.

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