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Questions Answered by George W. Wolff
Q: Per PCC 10140 - it is very complicated and expensive to advertise every project in a newspaper and trade paper

How can we, a state agency, maintain compliance with this law without spending thousands of dollars? Can we print in online papers? We have around 4 or 5 huge construction projects to advertise a month. The ads run for between $950 to $3,000 per paper. We already have them advertised in Cal... View More

George W. Wolff
PREMIUM
George W. Wolff
answered on Feb 7, 2024

There are no published cases interpreting this statute, however the phrase "newspaper of general circulation" in section 100140(a)(1).

However, it has been defined as:

A “newspaper of general circulation” is a newspaper published for the dissemination of local or...
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3 Answers | Asked in Personal Injury, Banking, Business Law and Health Care Law for California on
Q: Does method to determine definitively if signature was forged - exist?

Can forensic expertise determine forged signature with 100% confidence? If not what would be range of variance?

George W. Wolff
PREMIUM
George W. Wolff
answered on Dec 29, 2023

No

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2 Answers | Asked in Contracts, Criminal Law, Constitutional Law and Gov & Administrative Law for California on
Q: Can experts determine if signature was forged with 100% confidence ?

If answer to question is yes - what methods needed to ensure 100% precision of the expertise?

George W. Wolff
PREMIUM
George W. Wolff
answered on Dec 22, 2023

No.

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3 Answers | Asked in Construction Law and Contracts for California on
Q: I have an interior design client that is in breach of contract. She refuses to pay our invoices.

She owes 2 past-due invoices and has insufficient funds to cover the latest check that was given to us per the signed agreement.

George W. Wolff
PREMIUM
George W. Wolff
answered on Dec 11, 2023

What services did you render.

Was this part of a Construction or remodel project?

You may have no lien rights unless you contributed to the remodel or improvement of the property

In that case you may just need to sue your customer

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2 Answers | Asked in Contracts and Construction Law for California on
Q: If you enter in to a lump sum contractor with a HUD or RD rider that limits the GC profit to 14%, but are making more.

The lump sum was based on unit price, can you ask for back up such as sub contract for the GC?

George W. Wolff
PREMIUM
George W. Wolff
answered on Nov 28, 2023

This is a complicated question and any attorney would need to review the actual contract to give you an accurate answer.

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3 Answers | Asked in Construction Law, Criminal Law and Real Estate Law for California on
Q: Urgent: Seeking Legal Representation in Corporate, Construction, and Criminal Matters

Hello

My name is Jackie, and I represent [Company 1]. We urgently require legal counsel and representation. We would greatly appreciate it if qualified lawyers could review our case. If you believe you meet the criteria and can assist us, please get in touch.

Background:

On... View More

George W. Wolff
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George W. Wolff
answered on Oct 24, 2023

I would be happy to speak to you tomorrow Re these issues

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2 Answers | Asked in Real Estate Law for California on
Q: I bought a single family residence in august of 2021 and didnt know adu was unpermitted until middle on transaction.

I bought a SFR in August of 2021. Market was really hot back then and I ended up offering 50k over asking price for a property that looks good from afar but was remodeled without permits (kitchen, added a 4th bedroom) plus converted garage to an ADU and nothing was done to code. The sellers nor... View More

George W. Wolff
PREMIUM
George W. Wolff
answered on Jun 13, 2022

You may be entitled to compensation in the amount of the difference between what you paid for the home and the true value of the home with the defects, which may be close to the cost of repairs.

Did you find out about the illegal work before or after you released your contingencies on the...
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2 Answers | Asked in Contracts for California on
Q: Do I have to sign escrow papers to sell my prop? Terms diff than I thought when I accepted offer.

I didn't read fine print in offer. now Don't trust my realtor. Not transparent. Supp to be "As is". not suppose to clean prop but requiring me now. Not suppose to include mineral rights but now realtor won't reserve for me, not suppose to have contingencies but now many and... View More

George W. Wolff
PREMIUM
George W. Wolff
answered on Nov 19, 2020

THE ANSWER TO YOUR QUESTION WILL DEPEND ON THE FACTS AND THE TERMS OF YOUR CONTRACT, AND IS NOT SUSCEPTIBLE TO A QUICK AND EASY ANSWER ONLINE.

YOU SHOULD IMMEDIATELY CONSULT WITH A COMPETENT REAL ESTATE ATTORNEY FOR SPECIFIC ADVICE!!

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1 Answer | Asked in Construction Law for California on
Q: Home remodel went 70% over budget—and contract is fuzzy. Do we still owe our general contractor his 15% final payment?

Our G.C. said he could remodel and expand our small, 50-year-old Calif. home for $300,000 and complete in 8 months. After 11.5 months, we insisted on moving back in even though it was not completed. Total cost for labor/materials so far has been around $470,000. Due to the delays, we had to pay an... View More

George W. Wolff
PREMIUM
George W. Wolff
answered on Oct 21, 2020

Home Improvement Contracts are required to be in writing and for a fixed price, have a fixed completion date and have certain other requirements.

https://www.wolfflaw.com/legal-requirements-and-concerns-for-home-improvement-residential.html

Have an experienced Construction...
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3 Answers | Asked in Construction Law for California on
Q: My home has been under construction for 3 years because my contractor has delayed and works very minimally. What do I do

It was demo’d for a whole year and a half to the point where water was leaking in the existing portion. He keeps asking for money and changing the agreement. We are way over budget and now we are waiting for the inspector. The permit is potentially expired so he would have to renew. He framed... View More

George W. Wolff
PREMIUM
George W. Wolff
answered on Oct 3, 2020

It seems you may not have a very good contractor, and he may not have the best skills.

Does your contract have a firm completion date?

Have you made changes to the contract since it was signed?

You should consult with an experienced construction attorney.

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1 Answer | Asked in Estate Planning, Real Estate Law, Agricultural Law and Civil Litigation for California on
Q: Are the property lines accurate enough to use as evidence of property line in court. I'm having issues with a neighbor

A site listed as patented on justia called real estate portal .

George W. Wolff
PREMIUM
George W. Wolff
answered on Sep 29, 2020

USUALLY FOR A TRIAL YOU NEED A SPOTTED BOUNDARY LINE SURVEY BY A LICENSED SURVEYOR.

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... View More

George W. Wolff
PREMIUM
George W. Wolff
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.

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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
PREMIUM
George W. Wolff
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...
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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... View More

George W. Wolff
PREMIUM
George W. Wolff
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.

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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
PREMIUM
George W. Wolff
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.

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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
PREMIUM
George W. Wolff
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...
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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... View More

George W. Wolff
PREMIUM
George W. Wolff
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.

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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
PREMIUM
George W. Wolff
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.

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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
PREMIUM
George W. Wolff
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?

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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... View More

George W. Wolff
PREMIUM
George W. Wolff
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.

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