Yorba Linda, CA asked in Elder Law for California

Q: My mother recently was contacted by a contractor they came out to do a estimate for exterior paint for her home they

Ended up taking a loan out on her house (on her behalf) they are charging her approx. $38,000 to do this my mom is almost 80 years old. She did not understand what they were doing are there laws against this in CA.? They also have taken money from her account for payment and she did not authorize that to be done

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James L. Arrasmith
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Answered
  • Elder Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: It sounds like your mother may have been the victim of fraud or financial abuse, which is a serious issue in California and is taken very seriously under the law.

Under California law, contractors are required to obtain a signed contract from the property owner before starting any work on the property, and the contract must include specific details about the work to be performed and the costs involved. Additionally, contractors are prohibited from taking out loans or lines of credit on behalf of the property owner without their express authorization.

If your mother did not sign a contract authorizing the work or the loan, or if she did not understand what she was signing, this may constitute fraud or financial abuse under California law.

It's important to take action to protect your mother's rights and ensure that she is not being taken advantage of. You may want to consider contacting an attorney who specializes in elder law or consumer protection to help your mother understand her legal options and to take steps to protect her interests.

You may also want to report the matter to the California Contractors State License Board, which is responsible for regulating and licensing contractors in the state. The Board has the authority to investigate and take disciplinary action against contractors who engage in fraudulent or unethical business practices.

Contact my office for a free consultation if you want further assistance.

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