Q: Is a partial down payment enough to secure a job for a contractor?
Gave me 800 in cash...down payment was 7500
A:
Well, look at your written construction contract, you know, the one required by law. Does it say that you are not retained until you get the entire deposit? Give back the money and written notice that you are turning down the job for his non performance.
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A:
Dear Contractor with "unlawful deposit" question: I am concerned, on your behalf, with your question. Please accept my CAUTION: it is UNLAWFUL to obtain as a deposit in California for more than "$1000.00 or 10% of the project, whichever is LESS". You may want to read California Business & Professions Code 7159 - your $7500.00 deposit request violates this B&P Code (https://codes.findlaw.com/ca/business-and-professions-code/bpc-sect-7159-10.html). I'm unclear how long you've been in business as a contractor but, with respect, it seems time for you to seek assistance in having an attorney supply you with a Construction Contract that is compliant with California Law (and, notably, there are many other sections REQUIRED to be included in your contract in order not to run afoul with the CSLB; be careful out there !).
JIM GREER is an attorney licensed to practice in CA and CO and has specialized in real estate matters for the past 30 years; nothing herein shall be construed as the offering of legal advice insofar as Mr. Greer is not in an attorney-client capacity with the inquiring party. 858.481.9006
A:
A: Dear Contractor with "unlawful deposit" question: I am concerned, on your behalf, with your question. Please accept my CAUTION: it is UNLAWFUL to obtain as a deposit in California for more than "$1000.00 or 10% of the project, whichever is LESS". You may want to read California Business & Professions Code 7159 - your $7500.00 deposit request violates this B&P Code (https://codes.findlaw.com/ca/business-and-professions-code/bpc-sect-7159-10.html). I'm unclear how long you've been in business as a contractor but, with respect, it seems time for you to seek assistance in having an attorney supply you with a Construction Contract that is compliant with California Law (and, notably, there are many other sections REQUIRED to be included in your contract in order not to run afoul with the CSLB; be careful out there !).
JIM GREER is an attorney licensed to practice in CA and CO and has specialized in real estate matters for the past 30 years; nothing herein shall be construed as the offering of legal advice insofar as Mr. Greer is not in an attorney-client capacity with the inquiring party. 858.481.9006
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