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Questions Answered by George W. Wolff Esq.
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 knew of... 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

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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.

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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 »

Q: Can I sue American Airlines for losing my luggage resulting in irreplaceable loss of property, psychological harm?

AA l ost my luggage during a international move (relocating for a job) and as a result, I have lost irreplaceable documents such as diplomas and other property. I am looking to apply for graduate school so this may have an impact on my application eligibility. Furthermore, I will never be able to... Read more »

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

Probably not

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: If an easement runs with land in Ca and then the land goes through a judicial foreclosure... does this break easement

Related to a sign on commercial Ca property where there were easements made that run with land for access to sign .... but people are not paying and property taxes up. Can we remove their signs ?

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

Usually an easement would survive a judicial foreclosure.

1 Answer | Asked in Real Estate Law for California on
Q: Easement syntax: A right of way and easement, for all purposes, into over and across, upon and in and to ...

Hello Lawyers,

I own an Easement in California which crosses 4 lots.

I use it everyday for ingress/egress.

Sometimes I "maintain" both road and bridge on the easement.

I assume it is clear of legal entanglements.

The Easement was granted in 1915.

It... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Jan 6, 2020

It’s possible that this gives you a very broad easement.

But to give you a firm opinion an attorney would need to look at the subsequent title history of all the properties involved as well as any recorded court history as it is possible the easement was lessened or revised or cancelled...
Read more »

2 Answers | Asked in Business Law and Contracts for California on
Q: Is it fraud to use a line of credit opened by the previous owner of a business I purchased in March of this year?

We paid bought a bar in March of 2019- DBA, liquor license, all assets connected to the business. All accounts including credit lines, utilities, vendors etc. were supposed to be transferred or closed. Recently, I received a statement that there is a line of credit in the business name that the old... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Dec 29, 2019

If you just bought the assets of the company rather than the shares, probably not as it may be a personal line of credit.

It would be best to check with the Bank to see who took out this line of credit!!

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1 Answer | Asked in Civil Litigation for California on
Q: filed complains planning- building re: architect next door preventing my access to the side of my house. Last 3yrs.

This is a fire harasser, she put a tankless water heater in 2 ft setback between us. My other neighbor had fire 12-25-14 it came through my bedroom window a legitimate accident.

These old houses setback are approx 4ft.

code is 6ft now if new or reconstructed.

Architect is... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Dec 26, 2019

You might be able to file an action to enforce the City codes but first make sure there is really a violation

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: My homeowners association sued me and my wife and there was a trial. Now we want to counter sue them for their actions

In California can I sue my association for selective enforcement among other violations?

George W. Wolff Esq.
George W. Wolff Esq. answered on Dec 26, 2019

What happened to their lawsuit?

Did you win or lose?

1 Answer | Asked in Construction Law for California on
Q: In California, if a contractor working on your home does damage to property, are they required to pay for defect repair?

Scaffolding company put their scaffolding on a small decorative wall and cracked it. The house is 90 years old, the wall was standing strong. But when cracked it is apparent the wood inside is gone. But it really did not matter as the stucco was thick and intact. The scaffold company claims they... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Dec 10, 2019

He is probably right about the dry rot.

That was already there before they came along.

It’s probably good it was discovered as it could have gotten much worse or even dangerous!

1 Answer | Asked in Business Law for California on
Q: Do I still own my artwork after gallery has possessed it for three years?

Hi, I had work in an art gallery for a show, and when the show was over the gallery owner asked me to leave one piece of work with him so that he could try to sell it. It has been about two and a half years now. I texted with him about getting it back about a year ago and he agreed we'd try to meet... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Dec 6, 2019

Perhaps, yes.

Was any of your agreement or understanding stated in writing, or via texts or emails?

If so, do you still have access to them?

1 Answer | Asked in Contracts and Construction Law for California on
Q: Construction: Can a client require a materials/ Labor breakdown before issueing payment on a signed contract?

We submitted billing for a partial contract amount, waited for two months only to find out that the general contractor is requireing us to submit a materials/ labor breakdown. This was not stated in the initial signed contract and in my opinion is a breach of what I consider to be trade secrets.

George W. Wolff Esq.
George W. Wolff Esq. answered on Nov 14, 2019

Normally if you have a fixed price contract, the other party cannot ask to see your labor and material costs.

The contract you have might require this, or require a list of your subcontractors, so please review your contract in detail or have legal counsel do so.

2 Answers | Asked in Construction Law for California on
Q: We lost our home in the Carr Fire and have rebuilt. I fear that we have been overcharged and was wondering what to do
George W. Wolff Esq.
George W. Wolff Esq. answered on Nov 4, 2019

Why do you feel you were overcharged?

Was this a fixed price or cost-plus contract?

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