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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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?
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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.