Lawyers, Answer Questions  & Get Points Log In
Questions Answered by James A. Greer
1 Answer | Asked in Construction Law for California on
Q: I own a franchise in California that sells Window treatments. I understand I have to use licensed contractors to do the

installation. Can I encourage the client use whoever I suggest? How does this work?

James A. Greer
James A. Greer
answered on Jul 11, 2022

Dear Franchise Owner: You asked about the protocol for your achieving a desired outcome of having your customers use your licensed contractors for the installation. If I can presume that you are selling BOTH the product AND the installation, then the answer os fairly straightforward: in your... Read more »

1 Answer | Asked in Construction Law for California on
Q: Construction: we are using a contractor who we’ve lost confidence in.

We have a major rebuild for which we have a construction loan. Our contractor rarely comes by our job site and the project is run primarily by his crew. There are many parts that have been poorly constructed. Including support beams that hold up our new roof. His invoices are emails that demand... Read more »

James A. Greer
James A. Greer
answered on May 12, 2022

Dear Major Rebuild With Contractor Troubles: these types of situations are tricky, and it's nearly impossible in this forum to issue out a set of instructions to you (this, from a 35 year attorney who is a developer and a licensed Contractor). You have overlays of Contractor's... Read more »

1 Answer | Asked in Divorce and Real Estate Law for California on
Q: Is there a legal document to allow one person on a mortgage to leave without liability or claim to future proceeds?

In Humboldt County, California, my daughter and son-in-law are about to divorce. They haven't filed yet. My son-in-law would like to stop making his half of mortgage payments immediately (they have separate bank accounts), and receive what is thought to be his half of the current equity in... Read more »

James A. Greer
James A. Greer
answered on Apr 25, 2022

Dear Property Split Questioner: Certainly a competent attorney could draft the Agreement that addresses the splitting of the equity in the house and the other particulars as to manner of division between these parties. However, the biggest challenge to the expressed "goal" of either/both... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: How do I get rid of an easement that goes through both mine and neighbors properties? I want to separate properties

We bought home in December and easement was stated in our paperwork. The neighbor has prior history of harassing previous owners and we thought we would be different by trying to create friendship but this is not the case. She is now harassing my son. How do I null this easement and create a drive... Read more »

James A. Greer
James A. Greer
answered on Apr 18, 2022

Dear Easement Issue Owner: This issue is too "heady" for a brief reply on this forum. While we have MANY qualified attorneys whom participate in the JUSTIA system, I don't think any of us can make a thoughtful response to this issue without MUCH MORE information/documents/history.... Read more »

1 Answer | Asked in Contracts and Construction Law for Colorado on
Q: Need help interpreting a construction proposal agreement

After project completion contractor want to charge extra for changes made during construction to meet code. The agreement states that "Any additions, alterations, or deviation to this proposal involving extra costs, will be executed only upon written orders and will become an additional... Read more »

James A. Greer
James A. Greer
answered on Apr 16, 2022

Dear Owner Facing Post-Performance Claim for Extra Contractual Payment: Your question has two areas of focus, the issue of a post-performance claim for Extra Payment and the potential pursuit of indemnity for the extra charges as against your Design Professionals. First, with regard to the issue... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: I am a new property owner by inheritance. A property management firm had a contract with previous owner.

Is that contract still valid?

James A. Greer
James A. Greer
answered on Mar 3, 2022

Dear Inherited Property Owner: You asked if predecessor's contract for services (in this instance Property Management Services) is binding upon the heirs. The only way to answer this question is to examine the underlying contract entered into by your predecessors. If there is no contract,... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: I bought my condo based on the MLS listing it had central a/c, only to find out 3 months after closing it doesn't.

I hired my broker based on his expertise with first time home buyers. My inspector sent an email to both me and my agent warning that the unit had no a/c despite the online and MLS listings. I never saw the email, and my agent sent me a text telling me the inspection came out "pretty... Read more »

James A. Greer
James A. Greer
answered on Feb 28, 2022

Dear Purchaser: Your inquiry has to do with real estate negligence or malfeasance.

As to BUYER AGENT: if it were the case where you were NOT sent the Inspector's Report from your Agent or your Inspector, you would have an argument. However, insofar as the Agent will be able to show...
Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Real estate seller/owner financing, can you add any terms you want?

Can you have unusual terms in a promissory note such as 50-year-length amortization (most common being 30 years)? Are there any legal requirements around the terms of the promissory note or they can be creative as long as both parties agree to it?

James A. Greer
James A. Greer
answered on Jan 26, 2022

Dear PROMISSORY NOTE drafter: There are no required terms for a lawful promissory note, per se. There are, however, terms that would be advisable to include in EVERY promissory note.

1 Answer | Asked in Real Estate Law for California on
Q: can commercial landlord file lawsuit for a judgment for money owned? its not considered intimidation and harassment?

business exist for 16 years at the same location. we behind 3 month and continue making payments. Landlord treating to file a law suit for a personal judgment. Personal Credit will be ruined. Specially now / Covid -19, California.

James A. Greer
James A. Greer
answered on Jan 25, 2022

Dear Commercial Tenant: You asked if a Commercial Landlord can pursue recovery when a Commercial Tenant is "behind three months" on rent. The answer is that irrespective of commercial setting or residential setting, a Landlord may pursue recovery for back rent (including a lawsuit if... Read more »

1 Answer | Asked in Construction Law and Contracts for California on
Q: Contract Fraud - Can I be sued for misrepresentation/contract fraud even tho I printed a disclosure on the contract.

Worked as Unlicensed Contractor, and printed disclaimers/disclosures of "NOT A LICENSED CONTRACTOR" on all Quotes and Invoices. The Plaintiff/Customer claims he was unaware that we weren't licensed. Sent customer 3 quotes and 3 invoices all with the disclosure printed on them. I... Read more »

James A. Greer
James A. Greer
answered on Jan 10, 2022

Dear Unlicensed Contractor: You asked if you can "be sued for fraud" for having operated without a license despite placing "disclosures" of such on your invoices. Unfortunately, making "disclosures" on your paperwork does not obviate the requirement that you have... Read more »

1 Answer | Asked in Construction Law for California on
Q: I did a repair job and completed it, is the person I did it for required to pay me even if I contracted the job out?
James A. Greer
James A. Greer
answered on Dec 12, 2021

Dear Repair Tradesperson: The scenario you identify is a typical Contractor-Subcontractor arrangement, whereby you (Contractor) obtain the project and subcontract it out. There are some nuances regarding licensure and what was placed in writing between you and the Owner, but without that... Read more »

1 Answer | Asked in Contracts and Real Estate Law for California on
Q: Can the sellers cancel a counteroffer contract after both buyers and sellers have signed?

The buyers sent an offer to the sellers through their agent. The sellers sent a counteroffer. The buyers agreed to the counteroffer and signed the contract. The buyers agent sent the signed contract to the sellers agent via email.

The following day, the seller verbally told their agent... Read more »

James A. Greer
James A. Greer
answered on Nov 22, 2021

Dear Buyer of "cancelled" Purchase Contract: The moment the Buyer delivers an executed Counter-Offer a BINDING CONTRACT FOR SALE is formed. Seller will try and position that the "delivery" was not effective because Seller's Agent failed to look at her email. Buyer will... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: What can I do if the buyer of a property is refusing to sign the cancelation of escrow? I do not have money foralawsuit

I have extended his closing date many, many times but he has not deposit any funds in the escrow company. He has an attorney and every time we ask for the money, he keeps saying that he is going to file a lawsuit against the seller, realtor, and escrow company. I DO NOT HAVE MONEY FOR ATTORNEYS... Read more »

James A. Greer
James A. Greer
answered on Oct 4, 2021

Seller Seeking Earnest Money: In a standard California Real Estate Contract you are FIRST required to seek resolution by filing for Mediation before either party can resort to litigation. Mediation is reasonably costed and does not technically require that you engage an attorney to represent you.... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: Is unpermitted work during a house flip required material fact for disclosure in the sale/purchase process in Denver, CO

I recently bought a house that I have found out does not have permits pulled for any of the flip work that was done and this was not disclosed during the sale process. I am now having multiple problems only a few months later and need to know if unpermitted work is a required material fact needing... Read more »

James A. Greer
James A. Greer
answered on Sep 26, 2021

Dear Home Purchaser: Material facts need to be disclosed. And, unpermitted work MAY rise to the level of materiality. However, it depends on the nature, scope and type of unpermitted work. If the problems you are experiencing are directly related to the unpermitted work, and if knowledge that this... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: What do I need to file to see a judge to release a lien?

My dad left me a 1960's single wide he purchased in 1995.

The loan was a 5 year loan and he was proud of it being paid off. Now when I'm trying to get/ transfer the title I find the lien holder is still on the title. Lien holder is no longer in this business. What do I need to... Read more »

James A. Greer
James A. Greer
answered on Sep 16, 2021

Expired Mortgage Lien Claimant: The "judge" route will be an action filed in your jurisdiction's Superior Court - difficult in this situation, not based on the law or the facts (that's the easy part of your claim), but in trying show "proof of service" in connection... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: I have entered in a lease to buy option with my landlord and now he does not want to sell after signing contract.

I have been running my business for 2.5yrs now… I called my landlord to notify him that I would like to purchase the building as stated in our lease contract… but he said he does not want to sell… what will I do if he don’t sell it to me? I have paid Rent, property tax and insurance every... Read more »

James A. Greer
James A. Greer
answered on Sep 7, 2021

Dear Lessee With Option To Purchase: The best and most urgent advice I can give you is (1) read the lease and understand the manner in which you must "exercise" the Option, then (2) exercise the Option in that manner (normally, with a written notification, sometimes via certified mail).... Read more »

View More Answers

1 Answer | Asked in Real Estate Law for California on
Q: What type of Attorney litigates Real Estate Easements problems in California?
James A. Greer
James A. Greer
answered on Sep 1, 2021

Easement Issue: you'd be looking for a Real Estate attorney with experience in litigation, and background in development/realty/construction.

JIM GREER is an attorney licensed to practice in CA and CO and has specialized in real estate and construction matters for the past 34 years;...
Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for California on
Q: We live on a private road I put a fence along the road in 2002. Neighbor wants me to move the fence. what are my options

private road in a community with an hoa that does not collect dues or enforce ccr's, road has a not a county maintained road sign on it. Fence went up in 2002 and the posts have not been moved since along with landscaping and improvements retaining walls and concrete.

James A. Greer
James A. Greer
answered on Aug 31, 2021

Dear HOA Member: My best recommendation in these situations is to obtain the names and email addresses of all the members of the HOA. Then notify them that you would like to call a Special Meeting (or, alternatively, ask the Board to call a Special Meeting if a Board is in place). The agenda for... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Construction Law and Small Claims for California on
Q: I did some concrete work for a contractor and he says the home owner is refusing to pay. How do I get my money ?

Contractor says I need to file a lien on the homeowner but I’m not sure who is responsible when generally I’d be paid by the contractor.

James A. Greer
James A. Greer
answered on Aug 27, 2021

Dear Unpaid Subcontractor: Your options for getting paid are two-fold: (A) a breach of contract claim against the General Contractor and/or (B) a mechanic's lien processing against the Homeowner. Clearly, you are not "required" to pursue the Homeowner (as intimated by the GC)... Read more »

1 Answer | Asked in Civil Litigation and Construction Law for California on
Q: hello.on 11/20/2020 my husband contracted with a company to install chair lift in our home. at the time measurements

were taken and a 2k deposit given. the owner told my husband that the parts would not be at their warehouse until end of jan or first couple weeks in feb. my husband subsequently became deceased on 12/10 .i phoned and advised the owner of my husband's death and that i wished to cancel his... Read more »

James A. Greer
James A. Greer
answered on Apr 25, 2021

Chairlift Cancellation: We always first start with analyzing the contract language, and so in this instance would be interested in examining any sort of "cancellation" provisions. If none, then we would need to look to case law, and the focus is on "impossibility to perform"... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.