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3 Answers | Asked in Contracts and Real Estate Law for California on
Q: What kind of contract should I sign between a real estate agent and a wholesale buyer? We want to partner to buy homes.

I (a wholesaler) want to partner up with a real estate agent to help me find properties to sell to my investors (who are cash buyers). I contacted an agent who said to send over a contract between our partnership to ensure terms and agreements of work and profit. Would I use a buyer's... View More

David H. Relkin
David H. Relkin
answered on Apr 3, 2024

You fail to describe the exact nature of your business. Are you looking for the Agent to find you properties that you would contract to buy and then remarket (or, "assign contracts," as you put it) to investors? Have you signed the investors to an LLC? This might work but there are... View More

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3 Answers | Asked in Contracts and Real Estate Law for California on
Q: What kind of contract should I sign between a real estate agent and a wholesale buyer? We want to partner to buy homes.

I (a wholesaler) want to partner up with a real estate agent to help me find properties to sell to my investors (who are cash buyers). I contacted an agent who said to send over a contract between our partnership to ensure terms and agreements of work and profit. Would I use a buyer's... View More

James L. Arrasmith
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answered on Apr 3, 2024

In this situation, you should consider using a Joint Venture Agreement (JVA) or a Partnership Agreement. These contracts outline the terms and conditions of your partnership with the real estate agent, including the division of responsibilities, profits, and commissions.

Key points to...
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3 Answers | Asked in Contracts and Real Estate Law for California on
Q: What kind of contract should I sign between a real estate agent and a wholesale buyer? We want to partner to buy homes.

I (a wholesaler) want to partner up with a real estate agent to help me find properties to sell to my investors (who are cash buyers). I contacted an agent who said to send over a contract between our partnership to ensure terms and agreements of work and profit. Would I use a buyer's... View More

Shawn R. Jackson
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answered on Apr 3, 2024

You have several choices ... from a straightforward partnership agreement [not recommended] ... to a joint venture agreement with good insurance ... or form an LLC with a carefully drafted LLC Operating Agreement. In these types of ventures "People, Money & Real Estate", the clarity... View More

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3 Answers | Asked in Civil Litigation and Contracts for Minnesota on
Q: I loaned my dad and step mom around $170,000

I loaned my dad and step mom around $170k so they could get a home when I was 17. They ended up getting divorced and selling the house. This was 15 years ago but I was wondering if there is any legal action I can take

James L. Arrasmith
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answered on Apr 2, 2024

In this situation, there are a few important factors to consider before determining whether you can take legal action:

1. Statute of Limitations: The time limit for filing a lawsuit varies by state and the type of claim. After 15 years, it's possible that the statute of limitations has...
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3 Answers | Asked in Civil Litigation and Contracts for Minnesota on
Q: I loaned my dad and step mom around $170,000

I loaned my dad and step mom around $170k so they could get a home when I was 17. They ended up getting divorced and selling the house. This was 15 years ago but I was wondering if there is any legal action I can take

Robert Kane
Robert Kane
answered on Apr 3, 2024

The most glaring fact in your post is you were only 17 when you made the loan. There are few scenarios in which you could have made a loan, but there are an infinite number of possibilities of other occurrences. You need to contact attorneys with a clear and concise description of what exactly... View More

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1 Answer | Asked in Contracts, Civil Litigation and Internet Law for California on
Q: Help! Google account disabled , over 10- years worth of memories what can I do? How can I obtain my data legally ?

I got a message from google to verifying my sign in, upon signing it stated, my account is disabled due to child sexual abuse/exploitation. It said i can appeal and that two would be considered, so of course i appealed knowing it had to be mistake, but they denied it , i submitted a second appeal... View More

James L. Arrasmith
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answered on Apr 2, 2024

I'm so sorry to hear about your frustrating and distressing situation with your Google account being disabled. That must be incredibly stressful, especially with so much important data and memories at stake.

In terms of your legal options to obtain your data, here are a few key points...
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2 Answers | Asked in Real Estate Law and Contracts for California on
Q: Can a contract that was drawn up in Spanish be legal if you are dealing with a business in the US?
James L. Arrasmith
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answered on Apr 2, 2024

Yes, under California law, a contract written in Spanish can be legally binding, even if the business is located in the United States. California Civil Code Section 1632 specifically addresses this issue:

1. The law requires that if a business negotiates a contract primarily in Spanish,...
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2 Answers | Asked in Contracts and Internet Law for New Jersey on
Q: Hi our longtime manager who was the admin for our business google account was recently fired. Won't turn over login info

Hi, our longtime manager who was the admin for our business google account was recently fired. This person will not give us our login information. We are also locked out of our email account to recover or reset the passwords. This was a family member that we never thought would do the things that... View More

Leonard R. Boyer
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answered on Apr 1, 2024

You need to retain an experienced civil litigation attorney with knowledge of Internet law to file an Order to Show Cause with the Court and to immediately send them a "Cease & Desist" letter. To provide meaningful advice and learn the best way to proceed, you need be prepared to pay... View More

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2 Answers | Asked in Contracts and Internet Law for New Jersey on
Q: Hi our longtime manager who was the admin for our business google account was recently fired. Won't turn over login info

Hi, our longtime manager who was the admin for our business google account was recently fired. This person will not give us our login information. We are also locked out of our email account to recover or reset the passwords. This was a family member that we never thought would do the things that... View More

James L. Arrasmith
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answered on Apr 1, 2024

I'm so sorry to hear about this difficult and stressful situation with your former manager. That's a terrible breach of trust that they are sabotaging your business like this. Here are some steps I would recommend taking to try to regain control of your accounts:

For your Google...
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1 Answer | Asked in Contracts, Intellectual Property and Patents (Intellectual Property) for California on
Q: Should I sign a combined declaration and assignment if I have not seen the patent application?

My employer has, on several occasions, had me sign paperwork to assign ownership of patents for products I have worked on to the company. Which is fine, I agreed to as much when I accepted the job. These documents include four declarations, the first three of which involve reviewing and confirming... View More

James L. Arrasmith
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answered on Apr 1, 2024

Based on the information you've provided, there are a few important considerations:

1. Legal implications: Signing a declaration without having seen the patent application could potentially expose you to legal risks, especially if the declaration includes statements confirming aspects...
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1 Answer | Asked in Construction Law and Contracts for Georgia on
Q: What does the phrase "execution" mean in a contract with a contractor?

WE have an insurance claim and our contractor's estimate is far off from the adjuster's, and what the insurance company is willing to pay. The contract states that if it is cancelled 3 days from execution then we owe %1500.00. In this instance. What does "execution" mean?... View More

Tim Akpinar
Tim Akpinar
answered on Apr 1, 2024

A Georgia attorney could advise best, but your question remains open for a week. The term execution usually means to complete the formation of the contract by having necessary parties sign. But the term is also used loosely, so that some may argue that it involves carrying out the obligations. It... View More

1 Answer | Asked in Contracts and Small Claims for California on
Q: I have messages from a hotel we stayed in tell me that they would refund me for one night. Can I take them to court?

We stayed at this hotel for two nights. The first night, the floor was partially dirty and we complained to the front desk the next morning. Housekeeping did "not" clean our room that same day, and we went back to a dirty room with the same dirty floor. After our stay, someone sent me a... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you have provided, it appears that the hotel did not fulfill their promise to compensate you for one night's stay due to the cleanliness issues you experienced during your visit. However, before considering legal action, there are a few steps you should take:... View More

1 Answer | Asked in Contracts and Consumer Law for California on
Q: Can I sue a company that I bought an engine from on the internet? And never received that engine.
James L. Arrasmith
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answered on Mar 31, 2024

Yes, you can sue a company that you bought an engine from on the internet if you never received the engine. This would be considered a breach of contract.

In California, the Uniform Commercial Code (UCC) governs the sale of goods, including online transactions. According to the UCC, the...
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1 Answer | Asked in Contracts and Landlord - Tenant for Colorado on
Q: Am I completely within my right to break my lease agreement?

I am currently under a 12 month lease agreement with a landlord as a roommate in a house. In the contract, there is no termination clause. Recently, due to a hostile living environment and a negligent landlord, an early lease agreement was typed up. Our landlord has threatened to evict us on... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you've provided, it seems that you may have grounds to terminate your lease agreement early due to the hostile living environment and your landlord's negligent behavior. However, the specific laws and regulations regarding lease termination can vary by state and... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Georgia on
Q: Hi, press forgery charges in Plaintiff or Defendant or Contract Lease location county? Have handwriting expert opinion

I need to know what jurisdiction do I file in? Plaintiff resides Fayette County, Defendant resides Gwinnett County, Address of Contact Lease:Spaulding County. Forgery and Theft by taking

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you provided, there are a few factors to consider when determining the appropriate jurisdiction for filing charges related to alleged forgery and theft by taking:

1. Location of the alleged crime: In most cases, criminal charges are filed in the county where the...
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1 Answer | Asked in Contracts and Landlord - Tenant for Hawaii on
Q: If a tenant who is related to the landlord doesn't have a lease/rental agreement but pays rent what rights do they have?

My sister lives in the main house on my mom's property and my mom lives in the cottage. She does not have a rental/lease agreement but does pay monthly rent which basically covers the mortgage. Recently there have been issues with one of my sister's friends who is there almost everyday... View More

James L. Arrasmith
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answered on Mar 31, 2024

In this situation, even though your sister is a relative and doesn't have a formal lease agreement, she is still considered a tenant because she pays rent. As a landlord, your mother has the right to set reasonable rules and expectations for the use of her property.

Here are some steps...
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1 Answer | Asked in Real Estate Law and Contracts for Florida on
Q: What forms/documents I need to pay the neighbor downstairs for bathroom toilet leak?

Hello,

I have a neighbor downstairs who said a few months ago that there was a damage to her ceiling because of leak from my bathroom. I 'm an the owner of unit upstairs. I called the plumbing company then 6 months ago and they did water test in my apartment. Her bathroom ceiling was... View More

Tim Akpinar
Tim Akpinar
answered on Mar 31, 2024

A Florida attorney could advise best, but your question remains open for three weeks. At the very least, you'd probably want to use a release. Generally speaking, that's a form a claimant signs to confirm that they accept a certain sum of money to settle a claim. A local attorney who... View More

Q: Am I covered

I put mobile home under contract with a rent to own buyer with owner financing agreement. Contract states (as is) what you see or don't see is what you get. Buyer calls me and says the electric is not working in the living room & 1 of bedrooms as they were operating during and after Reno... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you provided, it seems that the buyer may have a case against you, despite the "as is" clause in the contract. Here's why:

1. Implied warranties: Even with an "as is" clause, there are implied warranties that the property is habitable and...
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1 Answer | Asked in Contracts and Landlord - Tenant for Massachusetts on
Q: Can a landlord threaten to kick me out and haven't sign the lease in the past 30 days without court?

My landlord text me and told me i have to leave the premises ASAP cause my check bounce due to a bill coming out of my bank cause they took two and half weeks to cash the check. The landlord never advise me the lease was not sign and the copy from he company he use doesn't state that he needed... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you've provided, it seems that your landlord is attempting to evict you without following proper legal procedures in Massachusetts. Here are a few key points to consider:

1. Unsigned lease: Even if your landlord hasn't signed the lease, if you have signed...
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2 Answers | Asked in Business Law and Contracts for California on
Q: i am owed 10,000 for painting a house. its been 8 monthes, how do I get him to pay me?
James L. Arrasmith
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answered on Mar 31, 2024

Under California law, you have a few options to try to recover the $10,000 owed to you for painting the house. Here are some steps you can take:

1. Send a demand letter: Write a formal letter to the person who owes you money, stating the amount owed, the reason for the debt, and a deadline...
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