Texas Jury Instruction — 10.10.5 Real Estate Held Primarily For Sale refers to a specific legal instruction provided to jurors in Texas courts when deliberating cases related to real estate held primarily for sale purposes. This jury instruction aims to guide jurors in understanding the legal principles and criteria involved in determining if a particular property qualifies as real estate held primarily for sale. When examining cases involving real estate held primarily for sale, juries are instructed to consider various essential factors. These factors help them assess whether the property in question should be considered primarily for sale, which can significantly impact the legal outcome of the case. The key factors commonly addressed in Texas Jury Instruction — 10.10.5 include: 1. Intent to Sell: Jurors are instructed to consider the intent of the property owner when determining whether the real estate is held primarily for sale. If the owner intended to sell the property at the time of purchase or acquisition, it indicates the property may qualify as real estate held primarily for sale. 2. Frequency and Regularity of Sales: Juries must examine the frequency and regularity of sales made by the property owner. If the owner frequently engages in sales of similar properties or regularly purchases properties for resale, it suggests a pattern consistent with real estate held primarily for sale. 3. Seller's Actions: Jurors should assess the actions taken by the property owner to facilitate sales. This includes advertising the property, employing marketing strategies, actively seeking buyers, or using real estate professionals to assist in the sale. Such proactive efforts indicate an intention to sell and support the classification of the property as real estate held primarily for sale. 4. Development Efforts: Another factor for consideration is the level of development efforts made by the property owner. If the owner invests time and resources in developing and improving the property to increase its market value before selling, it suggests the property is held primarily for sale. It's important to note that while Texas Jury Instruction — 10.10.5 Real Estate Held Primarily For Sale provides general guidelines, its application may vary across different types of real estate cases. The focus may differ based on specific legal issues, such as zoning regulations, land use classifications, or the involvement of real estate development companies. In summary, Texas Jury Instruction — 10.10.5 Real Estate Held Primarily For Sale serves as a crucial legal guideline for juries when evaluating cases related to properties primarily intended for sale. By considering the property owner's intent, frequency of sales, marketing efforts, and development initiatives, juries can determine whether the real estate in question indeed qualifies as real estate held primarily for sale.