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 »
Dear Unpermitted Work with Code Compliance Notice: Short answer is yes you can still sell your residence but BE VERY WARNED that you MUST DISCLOSE everything about the unpermitted work, every document you have received from city (all departments, don't leave out anything). Just make sure your...Read more »
My parents, who are in their 80's still paying mortgage on house. What is involved for me to pay off the mortgage and putting the title under my name so my parents do not have to worry about this anymore?
Dear Daughter/Son inquiring about assisting parents: To achieve your objectives (title transfer and lump sum mortgage payment) IRRESPECTIVE OF TAX RAMIFICATIONS, you'll need to: (a) determine the name and payment address of Lender and send lump sum final payment, (b) have attorney draft...Read more »
He missed this huge issue with the foundation. We decided to buy thinking his 10K estimate for bolting and crack repair was all the more needed to spend. Now, we're looking at 30K to 80k for serious repairs (piers for foundation support). Also, there's a leak from the kitchen drain... Read more »
Dear Foundation Issue Client: I'll make an effort to guide you, but the analysis of your potential claims are very much driven by the documentation that you have or don't have as the case may be). As to your Seller: you might have a potential "Failure to Disclose" claim if the...Read more »
Dear Questioner facing extra-contractual charges: I am unclear if you are the Contractor or the Owner in the description you provided. However, while there would be nuances in my legal analysis and recommendations depending upon your respective "role", the basic answer remains the same....Read more »
Dear Tear-Down Seller: I am not clear by your question if you are in the marketing analysis stage or if you are actually under contract. If you are under contract then the reply to your question is: no, a Seller (you) has no right to ask for an increase in sales price once you are under contract...Read more »
Dear Condo Owner: Your description of "discovery" of extensive repairs needed at your condo purchased 09/2019 appears to require the further analysis of a skilled attorney, because you have potential "Failure To Disclose" claim agains the Seller and "Failure to...Read more »
I'm purchasing a property that requires owner occupancy, but property has 2 tenants with leases until next year. I have 60 days to owner occupy. How can I legally occupy the home within 60 days when the tenants have contracts in place?
Dear Owner Occupier: if you are certain that physical occupancy is required (which seems the case), then what we have done on behalf of owners in several similar instances is to negotiate a "buy out" the leases, whereby we explain your situation to the tenants ask them to consider our...Read more »
There is an ordinance in my city that says I have a 25’setback. I only have a 30’ driveway. I need something to help keep my house cooler and help my home become more energy efficient. Is the city obligated to give me some type of solution?
Dear California SET BACK LAW questioner: The 25 foot set back precludes erection of a building structure but typically does not preclude, for example, an arbor or a shade sail or retractable awning. If you construct one of these examples above your sun-facing windows that may offer relief. You...Read more »
Dear County Compliance questioner: I'm afraid that your defense "it's been unlawful for a long time" is not adequate for you to avoid the Colorado Municipal Law pertaining to the County's jurisdiction over unpermiited structures. To perhaps smooth over your anguish about...Read more »
Dear Condo Owner with leaking plumbing pipe: If I am reading your question accurately, you have a situation where a water sourcing copper pipe that is leaking and caused damage to your flooring and possibly to downstairs neighbor, and you want to know if you or the HOA is responsible. Here's...Read more »
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