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Questions Answered by Yelena Gurevich
2 Answers | Asked in Real Estate Law for California on
Q: Does Civil Code Section 4735 protect us from our HOA demanding we make changes to our artificial turf?

We live in Rocklin, Ca. and have been under a drought advisory for several years. We replaced our lawn with artificial turf and our HOA is demanding changes. Thank you!

Yelena Gurevich
Yelena Gurevich
answered on Jun 23, 2023

The reality is that not many cases have been litigated in this area with these facts so how the law is interpreted by the courts is a little unknown to attorneys. Attorneys for you would argue that HOA cannot do what it's doing, and attorneys for HOA will argue the opposite. The question is... View More

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4 Answers | Asked in Consumer Law and Contracts for California on
Q: If someone put my car at a self storage facility without my permission & didn't pay the bill, can I go take my car back?

I was out of town for a while and my sister took my car and put it at a self storage facility without my permission. I got a call a couple weeks ago telling me that I owed $300 to the storage facility and I told them that they didn't have my permission to store my car. They told me that they... View More

Yelena Gurevich
Yelena Gurevich
answered on May 23, 2023

Attorney Mandel have you great advice. I will only add that you should file an identity theft report with the police and on ftc.gov so that you have take. Steps to dispute whatever your sister signed you up for (now known and also things you are yet to discover). Also if you did not give your... View More

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3 Answers | Asked in Consumer Law and Contracts for California on
Q: A contractor won't honor their own promo. What can I do?

I'm ready to hire a new company to repair my roof and install a new HVAC. They have given me an estimate. Their website says, "10% off for military, veterans, police, firefighters, etc." My wife is the (etc.) She's a Nurse. The website also says "FREE whole house germicidal... View More

Yelena Gurevich
Yelena Gurevich
answered on May 16, 2023

This will be difficult and expensive to litigate. Without actual damages you may not be able to pursue the case at all. If the ad is a mistake on their end and they admit and apologize for the mistake, and you have no damages, the court is likely to excuse their mistake. I’m not sure you’ll be... View More

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3 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Will a revocable living trust help with a reverse mortgage in CA?

My mom wants me to have her share of the house she has a reverse mortgage on when she dies. From what I can tell, you get only 30 days to resolve the mortgage with various extended time it at most can be one year. I am in California, no probate is clearing our court system that fast.

What... View More

Yelena Gurevich
Yelena Gurevich
answered on May 10, 2023

You need to consult with an estate planning attorney regarding a revocable living trust if you want any chance to avoid probate and not have the property tied up in probate court while you try to refinance out of a reverse mortgage. The cost of hiring an estate planning attorney now will almost... View More

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2 Answers | Asked in Arbitration / Mediation Law for California on
Q: Can I file in court after an arbitration demand has been submitted by a lawyer without my approval?

I have hired a lawyer who turned out to be colluded by the other party, a huge corporation, and he filed an arbitration demand without my approval, while I wanted to go to court. There are several grounds to challenge the arbitration agreement. Can I file in court meanwhile that the arbitration... View More

Yelena Gurevich
Yelena Gurevich
answered on May 1, 2023

Unlikely. It’s extremely difficult to overcome an aero traction agreement. If you are not satisfied with your current attorney, hire a new one. Then discuss your arbitration concerns with the new attorney to see if you have any other options. Also keep in mind that in consumer arbitrations, the... View More

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2 Answers | Asked in Collections and Real Estate Law for California on
Q: Failure of property management company led to HOA debt collection

I own a property in Antioch, California but I lived mostly outside of the US so I used a CA local realty management company. My HOA statement letters have been sent to the realty/ property management company. But after I ended the contract with the realty, the property manager never told me or... View More

Yelena Gurevich
Yelena Gurevich
answered on Apr 4, 2023

You may not be able to pursue this against the realty management company. Technically it is your responsibility to make sure the HOA is paid timely. You could have/ should have contacted the HOA company and informed them of updated contact information. It’s not clear whether the realty company... View More

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2 Answers | Asked in Business Law and Contracts for California on
Q: Can a car dealership cancel sale contract with 0 down payment approval after 12 days of signing and not give you the car

A dealer ship lied about the down payment approval but signed the contract with that financing terms then tried to change the down payment to$250 I had financing already when I applied for credit but after I turned down the second contract the dealership didn't run my credit with who I was... View More

Yelena Gurevich
Yelena Gurevich
answered on Mar 13, 2023

almost all california car contracts are identical and have a 10 day provision where a dealer can cancel the contract within 10 days (i.e. they have to tell you by phone, text, email, etc. within 10 days that they are cancelling the contract). if they did not tell you until day 12, then you can... View More

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2 Answers | Asked in Real Estate Law for California on
Q: Is it legal for a real estate agent to obtain a quote for repairs from someone that has not inspected the property?

I am selling my home. The buyer’s home inspector took photos of some parts of the AC system and suggested it should be inspected by an HVAC company. The buyer’s agent obtained a quote for a brand new AC for 13k; based solely upon reviewing the pictures taken by the home inspector. The hvac... View More

Yelena Gurevich
Yelena Gurevich
answered on Feb 28, 2023

You need to disclose the cost of repair you obtained from your inspector. I wouldn’t think you have to disclose the cost of replacing the unit if it doesn’t actually need to be replaced. It is possible the new buyer will want their own inspection and their own quote to repair/ replace depending... View More

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1 Answer | Asked in Contracts and Consumer Law for California on
Q: A dealer canceled our contract for purchase of new car but notified us only in mail-we recieved it on day 10

On 12/22/22 we purchased a new Honda oddest at Honda Moss Bros. Today 12/31 in the mail this evening-our mail comes at 6ish PM we received A notice of cancel due to not finding financing. The envelope almost wasn’t opened as it looked like a sales letter. We recieved no phone calls or emails.... View More

Yelena Gurevich
Yelena Gurevich
answered on Jan 1, 2023

no, they are not too late if the date on the letter is within 10 days and you say you received it on day 10. you need to return the vehicle and get back whatever money you paid to the dealer thus far.

1 Answer | Asked in Consumer Law and Contracts for California on
Q: Is there a law protecting consumers from auto dealer fraud?

I bought a Camaro in July. After major issues almost immediately with the vehicle, I started questioning the dealership. I was given certified papers that the car only had one previous owner, had never been in an accident and that their mechanics had gone over the car. When the rear end fell off, I... View More

Yelena Gurevich
Yelena Gurevich
answered on Dec 5, 2022

Yes, California has the consumer legal remedies act which protects car buyers from such issues. There are also many warranty laws that may apply here. There are specific attorneys practice dealership fraud law. Call and have a consultation. Make sure you have all your paperwork ready to provide... View More

2 Answers | Asked in Consumer Law and Business Law for California on
Q: Predatory Customer Threatening Small E-Commerce Business With Legal Action

Customer filed dozens of fraudulent damage complaints, filed disputes with PayPal and the BBB and broke our business terms of service so we banned them. One month later they created a new account on our e-commerce website using their wife's maiden name and repeated the process of placing... View More

Yelena Gurevich
Yelena Gurevich
answered on Nov 16, 2022

They can file a lawsuit (anyone can) but it doesn’t mean they will win. It’s not clear what they would sue you for (especially if you are refunding). You may need to consult with and have a business attorney on retainer as it’s just a smart thing to do for anyone who owns a business. A letter... View More

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2 Answers | Asked in Contracts and Construction Law for California on
Q: A contractor I hired has done very poor work, keeps demanding more money and blames me for everything. What do I do?

I hired a contractor to remodel a kitchen and bathroom. He did really poor work, and refuses to fix it. When he was doing th ekitchen he found some damage to the back wall of the house. I agreed to have him fix it and the top floor of my house has dipped. I can't close a window. I have... View More

Yelena Gurevich
Yelena Gurevich
answered on Nov 15, 2022

Attorney stoddard is correct and gave you great advice. I would add that you need a new contractor to come out and give you a written estimate of everything that needs to be fixed. The estimate should be as detailed as possible. You will need this to prove your damages.

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: How do I remove a old loan lien from a company no longer around?

I inherited a house which was owned free and clear I had a lawyer help me through probate and paid of taxes and everything was put in my name and I have a the grant deed. I recently went for a home loan of credit and they are telling me theres a lien on the house, but the loan company that put it... View More

Yelena Gurevich
Yelena Gurevich
answered on Oct 25, 2022

you will likely need to hire a real estate lawyer to review title and all documents and possibly prepare a quiet title action.

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1 Answer | Asked in Real Estate Law and Tax Law for California on
Q: My sister and I are joint tenants of a home. I am in need of money and am thinking of doing a cash-out refinance for

an amount to cover for my share of the home and quitclaim the home to my sister. Should the cash-out refinance and quitclaim occur at the same time? Do I have to pay any taxes for this quitclaim? Thank you.

Yelena Gurevich
Yelena Gurevich
answered on Oct 24, 2022

You really need to consult with a real estate attorney. There are many facts missing to answer your question in this forum. (i.e. is your sister on board with refinancing? do you both, and/ or each, qualify to refinance? who lives at the property? how much are you planning to cash out? and many... View More

2 Answers | Asked in Real Estate Law for California on
Q: i have a question about real estate law and escrow in california

basically i sold my home to my father in law way under market value only for him not to pay me and kick us out do i have any grievence or way to recoup my money or home

Yelena Gurevich
Yelena Gurevich
answered on Apr 11, 2024

Much more information is needed. Did you have an escrow open for the sale? How Did escrow close without funds being paid? It could be. Possible breach of contract and you would likely need a lawyer to pursue a case.

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2 Answers | Asked in Contracts and Consumer Law for California on
Q: What can I do if a dealership lost my trade in?

I traded my car into a dealership back in Jan. After driving the new car for almost 3 weeks, the dealership could not find a bank to finance me. So I took the car back, the dealership did not return my other car (nor did I sign anything saying I would take it back). Now I have the bank who financed... View More

Yelena Gurevich
Yelena Gurevich
answered on Mar 15, 2024

Yes, you have legal grounds. search and consult with a consumer protection attorney familiar with auto fraud issues.

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2 Answers | Asked in Elder Law, Estate Planning, Banking and Probate for California on
Q: I have a legit poa over my friend because I take care of everything for him the bank denied it and want to take over his

Account they are constantly sending the aging people to our house and he tells them the same thing no matter who he talks to that he knows where his money is going and the bank still froze his accounts

Yelena Gurevich
Yelena Gurevich
answered on Feb 13, 2024

You haven’t asked a legal question so it’s difficult to know what you need an answer to. Gather your documents and consult with a trusts/ probate attorney directly.

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2 Answers | Asked in Civil Litigation, Estate Planning and Probate for California on
Q: How can i file quitclaim deed litigations in california?

Over time, his contact with me decreased and my life got busier with kids and work schedules. Last year, we hit rock bottom in our relationship. Unfortunately, I discovered last year (2023) that he had breached our agreement by transferring the property to his partner. Moreover, I learned he did... View More

Yelena Gurevich
Yelena Gurevich
answered on Feb 3, 2024

This seems complicated and a bit confusing. Who's on title to the property? Who are you? and who is he? What is your relationship to each other and to the property? If this involves real estate (i.e. property), gather all your documents and consult with a real estate attorney. If this is... View More

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2 Answers | Asked in Civil Litigation for California on
Q: My sister filed a complaint against me saying that she was under duress and stress when she quit deeded my mothers prope

ty over to me cause she couldnt pay the default. Taxes the house was auctioned off and she is claiming that the excess proceeds should go to her since the deed was in her name longer. And that her duress was caused by a harrowing divorce and she was having serious health issues at the time and that... View More

Yelena Gurevich
Yelena Gurevich
answered on Jan 22, 2024

There isn’t a clear question posted on this post. But Sounds like you’ll need to hire an attorney to represent to in this matter unless you are prepared to research the relevant law and procedure and represent yourself.

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2 Answers | Asked in Family Law and Real Estate Law for California on
Q: After 40 years of marriage, my husband left to live with his partner's wife. He has been gone for 18 years.

In 2002,he had just sold his business for two million dollars. So had his partner. He left in 2008 .He gave me the house, and $300,000. He took the money. He said that it was an equal split. I was a dummy and trusted him, and did not get all this on paper. Now he says he is broke, and will not sign... View More

Yelena Gurevich
Yelena Gurevich
answered on Feb 3, 2024

use the find a lawyer tab on this website and search for a family lawyer near you. You will want to gather all your documents and consult with the attorney one on one to get the best advice given your situation.

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