Questions Answered by Thomas A. Grossman

Q: Can I grant a purchase option for real estate I own if I have clouded title?

1 Answer | Asked in Real Estate Law for California on
Answered on Dec 17, 2018
Thomas A. Grossman's answer
You can do that, but you should reveal to the grantee what the cloud on title is. If you don't, and it is a major problem, you could be sued for fraud.

Q: Seller did not complete repairs agreed upon in signed inspection resolution document, but presented them as completed.

1 Answer | Asked in Arbitration / Mediation Law, Consumer Law and Small Claims on
Answered on Dec 15, 2018
Thomas A. Grossman's answer
Assuming we are talking about a house, condo or other single family dwelling. If there was a full escrow, any misrepresentations should be considered fraud. If your escrow documents have signed provisions allowing or requiring mediation and/or arbitration, you should demand that one of those procedures be followed. You should find a good mediator or Arbitrator to resolve this matter. Good Luck.

Tom Grossan

P.S. This advice is based only on the information available to me...

Q: My family rented a home from who we thought was the owner but she lost house in foreclosure

2 Answers | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for California on
Answered on Dec 15, 2018
Thomas A. Grossman's answer
I don't understand the question. If the house was sold to another person, than that person owns the house (i.e. has title to the house). Under those circumstances, I don't think you owe anyone any money, but I do think at some point the new owner will try to evict you from the house. I would need to see various documents on how this all went down to better advise you.

Tom Grossman

Q: Can my apartment actually make me pay for bed bug treatment and go through the provider of their choosing?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Answered on Dec 13, 2018
Thomas A. Grossman's answer
Unfortunately it is a tough question to answer. It is often impossible to know where the bed bugs came from, or when, or who brought them there. Before I fork out $650 I would want a statement from the landlord that no one else in the complex has bed bugs. The landlord might simply be trying cure a bed bug problem in the building by charging everyone who has, or has had, a bed bug problem there. If anyone else has had such a problem, I would move out of the apartment. You will probably...

Q: I have a real estate dispute that's supposed to be mediated first

1 Answer | Asked in Arbitration / Mediation Law for Florida on
Answered on Dec 7, 2018
Thomas A. Grossman's answer
If the parties don't like the outcome of the mediation, the next step is to go to binding Arbitration. I assume that the escrow papers have a mediation and an arbitration provision in then, and that both parties of signed both provisions. If one party has not signed the agreements, the there is no mediation or arbitration.

Q: My LLC has not been operating or earning any money for years yet I keep receiving these notices for unpaid fees.

1 Answer | Asked in Business Law for California on
Answered on Dec 4, 2018
Thomas A. Grossman's answer
My guess is that you have to file some kind of form with the California Dept. of Corporations similar that will act as a "Dissolution of the LLC." Otherwise the State of California will keep sending you the tax bill. Even if you made no money, I believe you could still owe the Dept. of Corporations some kind of annual fee. I suggest you go on the California Dept of Corporations website and you will find the answer.

Q: So if a person stays at your house for some time and they manage to get like 3 pieces of mail there are they a tenant

1 Answer | Asked in Civil Rights, Landlord - Tenant and Real Estate Law for California on
Answered on Dec 3, 2018
Thomas A. Grossman's answer
I have never heard the "3 letters and you are a tenant" rule before. Under the law there are basically 3 types of tenancies: a tenancy for years; a tenancy from period to period; and a tenancy at sufferance. If there is no written agreement with the "visitor," then he/she is a tenant at sufferance. That means that they are living there only as long as you want them to live there. The cops don't like handling these matters, so they find some excuse so that they don't have to deal with it....

Q: If I have an open Work Comp case they are denying all request for treatment can I seek medical treatment with own Ins?

2 Answers | Asked in Personal Injury for California on
Answered on Dec 3, 2018
Thomas A. Grossman's answer
I think the best thing you can do is rely on your attorney to fight the worker's comp carrier. I have more experience on third-party cases than worker's comp cases. However, depending on the circumstances you may have both a worker's comp case and a third party liability case (where another party caused your injuries). I don't know enough about your case to answer those questions. It sounds like you had an injury that had been resolved two years ago, so the Comp Carrier might try to treat...

Q: Will I be assigned an arbitrator, or do I have a say in who gets picked for my employment dispute?

1 Answer | Asked in Arbitration / Mediation Law for New York on
Answered on Nov 30, 2018
Thomas A. Grossman's answer
Without knowing more about your situation, and not being familiar with New York law on ADR, my guess is that if you signed an employment agreement with your employer, it should deal with how a mediator or arbitrator is selected. If not, you could approach your employer and ask him/her about it. On the other hand, if you are already in litigation, the courts will offer ask you to go to mediation or arbitration, and you and your employer must agree on the mediator or arbitrator. Hope that...

Q: If the person doesn't pay the amount decided in arbitration, do we go back to arbitration, or sue in court?

3 Answers | Asked in Arbitration / Mediation Law for California on
Answered on Nov 23, 2018
Thomas A. Grossman's answer
I would first threaten to file a lawsuit. If that doesn't work, you can sue them for the money. If the sum is $10,000 or less you can sue them in small claims court. If the sum owed is less that 25,000 you can sue them in Superior Court as a Limited Action. If more than $25,000, you must sue in Superior Court as a regular lawsuit. You can get a lot of information by going to the Court website near where you live and checking it out. Good Luck.

Q: Are arbitration hearings always secret?

2 Answers | Asked in Arbitration / Mediation Law for Texas on
Answered on Nov 16, 2018
Thomas A. Grossman's answer
They are not secret, but much of the information each side uses to prove his of her case is not necessarily open for review. If you have a key piece of evidence that favors you, you would want the other side to see it. Visa/Versa. An Arbitration is like a mini-trial, and both sides should come the Arbitration fully prepared. If you want a piece of evidence to be considered by the Arbitrator, you will need to present it to him or her as part of your case.

Q: Do you have any statutes for a) Motion to Dismiss Complaint, and/or b) Motion for Sanctions?

2 Answers | Asked in Contracts and Libel & Slander for California on
Answered on Nov 14, 2018
Thomas A. Grossman's answer
Generally it is up to the Judge to respond to a Motion to Dismiss a case. You can find most of the forms by going to your computer and pulling up the local Branch of the County Court you are in. Then search around that website and you should come up with a Form for your motion. Since I know little about your case (I assume you are in a lawsuit), I can only guess. If you are going to file a motion to dismiss, be sure that you have all the paperwork you need. You will have to support it with...

Q: Car sold on Craigslist in CA to NJ buyer. Was represented honest but didn’t meet buyer expectations, threatening to sue.

2 Answers | Asked in Contracts for California on
Answered on Nov 12, 2018
Thomas A. Grossman's answer
Simply put, it depends on what kind of written agreement you have. If you don't have an agreement, signed by both parties, you are stuck with a verbal agreement. You can try to work it out with the other side.

Q: Can I request a mediator in my eviction case at any time?

2 Answers | Asked in Arbitration / Mediation Law for Maine on
Answered on Nov 10, 2018
Thomas A. Grossman's answer
Without knowing more about this matter, you probably can request a mediation (many courts now offer mediation as a choice), but it will have to be set up by a mediator, and the Court usually picks the mediator. I assume you are in civil court, as I don't think small claims court offers a mediation. If their is a case no. assigned to your case, look up your case on the internet and find the Superior Court of the County you are in. Then, find the option that allows you to access your case, and...

Q: If we have to sue for legal malpractice is there lawyers that work on contingency for cases like this?

3 Answers | Asked in Legal Malpractice for California on
Answered on Nov 7, 2018
Thomas A. Grossman's answer
You may have a malpractice case if the lawyers who abandoned you sent you to another law firm, and that new law firm failed to protect you from the statute of limitations by filing an action. There could be a dispute on this between the two law firms. As a general rule, attorneys want to handle good cases, and these attorneys may have concluded that you didn't have a good enough case. If neither firm told you that they would file suit for you before the statute of limitations runs, and didn't...

Q: Are all parties' signatures required for an Interpleader case to be filed?

1 Answer | Asked in Contracts and Arbitration / Mediation Law for Georgia on
Answered on Nov 5, 2018
Thomas A. Grossman's answer
Assuming that a lawsuit has already been filed, and the plaintiff and defendant have both filed their respective papers (a Complaint and an Answer), and assuming that you are the person who wants to interplead into the action, I am pretty sure that you would have to prepare papers as an "interpleader" and sign them in order to be allowed into the action. I am also pretty sure that you would be required to pay a filing fee in order to do so. Hope that helps.

Tom Grossman

All...

Q: I have a dispute with my solar leasing company.

1 Answer | Asked in Civil Litigation and Contracts for California on
Answered on Nov 2, 2018
Thomas A. Grossman's answer
Since you won your case, you probably have the right to sue the company for fraud, damages, or restitution (return to you of what you paid). You might be able to do this through a small claims court action, or file a "Limited Civil" action in Palm Springs Civil Court. Hope this was helpful.

Tom G

Q: Can a CEO/ President of a sub chapter s corporation in Arkansas legally not pay dividends to shareholders?

1 Answer | Asked in Business Law for California on
Answered on Nov 2, 2018
Thomas A. Grossman's answer
I'm not positive, but I think payment of dividends is optional in a Sub S Corporation if the President has a majority interest in the shares.

Q: Can I create art with photos I took of horses on a private ranch without a model release?

2 Answers | Asked in Contracts, Copyright and Intellectual Property for California on
Answered on Oct 28, 2018
Thomas A. Grossman's answer
Your first mistake was in relying on a "verbal agreement." Verbal agreements are nearly impossible to prove. I have not seen the agreement proposed by the ranch owner, but you should have a short, professional agreement in your file, containing various releases. I handled many cases for various models and body builders, but in each case the subject of the photo was a human. Don't hold me to this, but I don't think you need a release I order to sell your photos unless you have trespassed on...

Q: When I go into arbitration can I still have a lawyer?

2 Answers | Asked in Arbitration / Mediation Law for Florida on
Answered on Oct 26, 2018
Thomas A. Grossman's answer
I am not familiar with Florida law, but in most states you can have a lawyer with you. Of course, you will probably have to pay his or her attorney fees, and also share the fees of he Arbitrator for the hearing, but you will likely fare better with an attorney. Try to find an attorney who is experienced in the Arbitration procedure. Good Luck.

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