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... Read more »
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... Read more »
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... Read more »
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!!
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... Read more »
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.
Have an experienced Construction... Read more »
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... Read more »
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.
A site listed as patented on justia called real estate portal .
answered on Sep 29, 2020
USUALLY FOR A TRIAL YOU NEED A SPOTTED BOUNDARY LINE SURVEY BY A LICENSED SURVEYOR.
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 »
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.
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.
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 »
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 »
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.
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
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.
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?
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 »
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 »
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.
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.
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?
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 »
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.
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 »
answered on Apr 18, 2020
What exactly are you doing for him?
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 »
answered on Apr 11, 2020
You could sue for an injunction against his trespasses or for any damages he caused to your trees.
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 »
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??
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 »
answered on Mar 30, 2020
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?
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 »
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.
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 »
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.
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