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 »
Easement Questioner: The purchase of an Easement does NOT, in a routine setting, grant to the new Easement-holder any rights superior to the prior Easement-holder. In other words, the Easement-holder may only enforce the rights granted by the Easement. Review your easement and the contents therein...Read more »
I want to become a first time business owner and was wondering which would suite me the best in terms of taxes, protection, and future costs? I am planning to elect to file taxes under S-Corp subsection for either of these business entities that I am willing to go with.
Dear General Contractor with "entity formation" question: You asked which type of entity formation would be the best in the state of California for a company intending to operate as a licensed General Contractor under the auspices of the Contractors State License board...Read more »
I have been renting a house since September and the property management company conveyed a concern from the owner that I was made aware of the high cost of utilities, stating the water bill is 350-400 in the summer months. This was also stated in an addendum to the lease that I signed. There have... Read more »
Dear Menifee Lessee: You have asked about responsibility for excessive water bills, as between the Lessee or the Lessor. From the description of your question there seems to have been "notice" to Lessee but at a $350-$400 level, whereas you have indicated that you are seeing bills...Read more »
Easement was not disclosed by owners. Easement was noted in single document received at the closing table. No details given, only naming who easement was granted to, and skimmed over. After much research easement is .25 acres of property restricting use substantially (we can plant grass, no... Read more »
Dear Buyer: If I understand your description of the facts, your Seller had knowledge of an Easement for sewer line across the Subject Property which restricts your expected use. A claim against the Seller is called "Failure to Disclose" and is in the nature of a fraud claim. The...Read more »
For a $50k job can a contractor have an escrow co. ask for/hold the entire $50k vs asking for a $1k deposit to go around Business & Professions Code 7159. Therefor the contractor is not asking for the whole payment upfront but an escrow company with specific instruction on when to release... Read more »
Dear "Unlawful Deposit" Inquirer: This is an interesting question, and in honesty the only real "authority" on the correct/authorized answer would be an investigative personnel at the CSLB (Contractors State License Board). Nevertheless, I'll use 30+ years experience in...Read more »
Dear Neighbor Dispute Client: The simple reply to your inquiry is to start with a Cease And Desist letter, wherein you identify with specificity the utterances made by the neighbor to prospective purchasers along with approximate dates, and make legal demand for the neighbor to stop said...Read more »
Dear Property Owner With Easement: A standard easement is a recorded document that is binding on both owners (both the "servient" and the "dominant" parcel owners), and an easement "runs with the land" (meaning, attaches to the property and impacts all future owners...Read more »
Seller was executor, however we also learned for the past 10 years they have been the sole caregiver for the property (replacing roof, electric, etc). We came across someone previously under contract who provided the estimate they received for foundation work. Are they legally bound to... Read more »
Dear Disclosure Issue Questioner: To try and clarify, if by the phrase "someone previously under contract" you mean that a different potential buyer had obtained a professional's estimate to perform foundation repairs ? and if you are certain that estimate was supplied to the...Read more »
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