TX STATETexas Court of Appeals, 3rd District (Austin)
1999

Rooms With a View, Inc. v. Private National Mortgage Ass'n

7 S.W.3d 840Texas Court of Appeals, 3rd District (Austin) • Decided 1999Enforced

HOLDING

A Texas remodeler signed a home improvement contract at an abstract office instead of a title company office, and the lender refused to fund the loan. The court upheld Proposition 8's requirement that home improvement contracts must be executed at a title company's office (meaning a title insurer or its agent). This ruling protects lenders' ability to enforce strict contract execution requirements and affects how subcontractors can legally execute home improvement agreements in Texas.

KEY FINDINGS

Lien Rights

Always execute home improvement contracts at a licensed title company office or with a title insurer's agent—abstract offices don't qualify under Texas law

Lien Waiver

Verify the lender's specific requirements before signing any contract; lenders can refuse to fund loans if execution location requirements aren't met

FULL COURT OPINION