Lawyers, Answer Questions  & Get Points Log In
Questions Answered by George W. Wolff Esq.
2 Answers | Asked in Real Estate Law for California on
Q: HOA rules

I rented my house to a tenant who then rented it as airbnb. The HOA rules says "no OWNER shall lease his residence for a period of less than 30 days". Since the tenant is the one doing airbnb, I (the owner) did not violate this rule. But HOA insists that the rule "any failure of an... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Sep 14, 2020

I think that's too technical an approach as you have some responsibility for what your tenant does.

Does your lease with the tenant require the tenant to comply with the rules and Cc&Rs of the HOA?

It should to protect you.

View More Answers

2 Answers | Asked in Real Estate Law for California on
Q: a friend of mine past away 15 years ago, and I have been paying the property taxes on her home since. what are my rights

I thought I was the executor of her will, but I found out it was never recorded, she has no family. what should I do.

George W. Wolff Esq.
George W. Wolff Esq. answered on Sep 11, 2020

Who is occupying the property?

What other assets did she have and what happened to them?

Was a probate court proceeding ever opened for her?

Everyone has heirs someplace even if its not a child or spouse.

Its possible you might or could possibly have a claim to title...
Read more »

View More Answers

2 Answers | Asked in Real Estate Law for California on
Q: Can the buyer of my house sue me for my realtor negligence of not putting the contingency in the contract we signed?

The house is listed as a contingency sell and it's in the contract we signed with her. She stated she emailed it to them but they didn't sign it. Their realtor knew it was a contingency sell house. We cannot get approve for the loan on the house so we cannot move. And the buyers of this... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Sep 3, 2020

If you asked your realtor to make your sale conditional on some contingency, and they didn't do that, you may be able to sue them for negligence, as the buyer can likely enforce the contract against you if it did not contain the contingency you requested.

View More Answers

2 Answers | Asked in Arbitration / Mediation Law on
Q: I would like to write a dissertation on arbitrability and public policy as public policy. Can I have a title

The dissertation is based on the different public policies as in some jurisdictions a matter might be of public policy while in another it is not. I want to deal with the aspect of arbitrability in such a problem

George W. Wolff Esq.
George W. Wolff Esq. answered on Sep 2, 2020

What is your discipline?

Arbitrability is usually a matter of contract, but there may be times when public policy says a certain issue is not arbitrable.

View More Answers

2 Answers | Asked in Contracts, Personal Injury and Real Estate Law for California on
Q: Asbestos contamination and complaints

A contractor was hired for remodeling in California

The contractor didn't test hazardous material in the condo before starting the work.

If the condo is contaminated. Whose shall fulfill the bill?

George W. Wolff Esq.
George W. Wolff Esq. answered on May 15, 2020

Yes, you have potential liability if your contractor contaminated the neighbor's property.

How old is your building?

Were any tests done for asbestos before the work started?

To protect yourself you might want to hire an Industrial Hygenist or testing company to...
Read more »

View More Answers

4 Answers | Asked in Real Estate Law for California on
Q: My husband and I would like to sell our 2 rental properties. We are 50/50 owners with a friend

We plan on moving out of CA within next few years and would like to sell. Our partner would like to hold on to them and buy us out. Is this a simple process? Can we just agree on a price and move title over to him and he buy us out? Or is there a lot more involved? We have been splitting... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on May 13, 2020

You usually would need a sales contract and disclosures etc to avoid possible problems in the future.

Who has been managing the properties?

If you can't agree on terms, you could file a partition action in Court and have the properties put up for sale in full, which might fetch a better price.

View More Answers

2 Answers | Asked in Real Estate Law for California on
Q: Does a majority owner of a property need permission from a minority owner(s) to sell the property?
George W. Wolff Esq.
George W. Wolff Esq. answered on May 13, 2020

All persons who are listed on the title as owners or grantees must agree to the sale, unless you file a partition action in Court to allow the sale without consent of the other owners.

View More Answers

Q: My small town with a population less than 10K is on track to pay the city attorney 500K annually. Is this normal?
George W. Wolff Esq.
George W. Wolff Esq. answered on May 8, 2020

It does seem excessive.

Did they handle any litigation for the City?

Maybe they should put it out for bid?

View More Answers

1 Answer | Asked in Construction Law for California on
Q: - Stop building inspector / code enforcement improper notice of violation claims - file motion to suppress admin warran

A nefarious backyard neighbor (residential neighborhood) filed a complaints re: backyard i) deck and ii) allegedly "hazardous" tree on the city of Oakland

building department code enforcement website.

Building inspector from code enforcement visited my home; however I was... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Apr 18, 2020

Personally, if you think you've been wrongly accused, I would invite the inspector back out for a look.

You usually can appeal citations etc but the time period is very short, and you would have to show that the code violations do not exist.

3 Answers | Asked in Consumer Law, Contracts and Copyright for California on
Q: Would I be liable for manufacturing the packaging for knockoffs items?

Hello, I own a packaging company located in California. We have a client who just put in a very large order for custom boxes for his vape pen/CBD products.

Turns out he's importing generic vape cartridges and CBD products, putting them in nice packaging with known brand names, and... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Apr 18, 2020

What exactly are you doing for him?

View More Answers

2 Answers | Asked in Real Estate Law for California on
Q: My neighbor has been cutting my trees. Is it legal to put no trespassing signs facing their backyard? I’m in CA.

I have put a brick wall and a trellis to prevent any foliage to fall into their backyard. However, he has still been cutting our trees within and far beyond our shared fence line. I have put up “Beware of Dog” signs and “No Trespassing” signs on the fence, but he spray painted over them. We... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Apr 11, 2020

You could sue for an injunction against his trespasses or for any damages he caused to your trees.

View More Answers

2 Answers | Asked in Contracts and Civil Litigation for California on
Q: I lent $40000 to a freind. It was to be paid back in full in six months.

The loan was to repair the siding on his house so he could get a $300,000 loan from the bank to finish his shop. He is a General Contractor. He failed to mention that his house was red tagged back in 2017 for performing work without permits so the county had a lien on it. He also doesnt have enough... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Apr 3, 2020

Yes, you could probably sue for fraud, breach of contraCT, etc

Is there a written loan agreement between the two of you??

View More Answers

1 Answer | Asked in Real Estate Law for California on
Q: Do I have a case against a seller that failed to disclose conditions of a leaky concrete slab?

We've recently bought a house (build in 1959). House had old vinyl tile. After starting remodeling, we've discovered that there is significant dampness under the tiles. It appears that many tiles have been re-glued with silicone based glue (different than original glue). We believe seller... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Mar 30, 2020

Possibly.

You would have to prove that its more likely than not that they knew of the problems with the sladb.

How much do you think your damages are?

2 Answers | Asked in Construction Law for California on
Q: What type of lawyer for defective retaining wall design/construction?

Retaining walls that were to be designed within city requirements to not need a permit. Walls were built, and measurements now show it needed a permit. Also, wall is leaning away from dirt it is retaining, and, after first rain-season, multiple sinkholes have developed on the tiers the walls are... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Mar 20, 2020

You should have an attorney who is experienced in construction law or construction Defect law.

Retaining walls over 3 feet tall also need to be designed by a licensed engineer!

Let us know if we can help.

George Wolff

www.wolfflaw.com

View More Answers

1 Answer | Asked in Real Estate Law for California on
Q: exclusive listing agreement will expire

Agent contracted with handyman to remodel my house ($20,600 worth for 13 projects), to be repaid at escrow . He’s so far behind from working multiple contracts (he only shows up few hours a week ) that he will miss next week ‘s contract deadline. but agent refused to fire him, because she... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Mar 13, 2020

Its illegal to hire and use an unlicensed contractor and you don't have to pay him for work that required a license.

Whether you owe agent any money will depend on your written or oral agreement or understanding.

1 Answer | Asked in Construction Law for California on
Q: 1. What is the authority for some California contractors to provide design?

2. What authority if any prohibits third parties from using those designs?

George W. Wolff Esq.
George W. Wolff Esq. answered on Feb 26, 2020

You can create and copyright/protect architiectural and other non-structural designs and design building and construction plans for a 2 story wood frame home for building permits without any architectural license.

You can also protect the original aspects of that design by contract and also...
Read more »

3 Answers | Asked in Animal / Dog Law and Construction Law for California on
Q: I'm a construction worker and I was on a job in Lake Forest .Home owner was gone and dog got out.

That dog was in the house and got out the front door and hit by a car. They are trying to blame me. I'm an independent contractor

George W. Wolff Esq.
George W. Wolff Esq. answered on Feb 25, 2020

Were you working in house?

Were you or your employer asked or required to keep the dog inside?

It seems your employer, the construction company, might have a duty to defend you if you were working for them at the time.

View More Answers

1 Answer | Asked in Construction Law for California on
Q: How can i find out if my owners rep (construction) is in a lawsuit?
George W. Wolff Esq.
George W. Wolff Esq. answered on Feb 24, 2020

You could check the websites of local county Superior Courts, or just ask him.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: I need help I have to appeal for rehearing after appelate court decided to rule in favor with judges decision of my tpr
George W. Wolff Esq.
George W. Wolff Esq. answered on Feb 21, 2020

What specifically do you need help with?

Filing a petition for rehearing, or opposing one?

Your time is VERY limited!

1 Answer | Asked in Civil Litigation for California on
Q: who is responsible financially and physically if your neighbors trees have overgrown, and come over the fence ?
George W. Wolff Esq.
George W. Wolff Esq. answered on Feb 21, 2020

You may be able to trim the overhanging branches if it does not harm the health of or damage the tree, but first consult with a licensed arborist about what can be reasonably done.

If there is an issue of whether trimming is reasonable, try to work it out with your neighbor or you may need...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.