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Is it legal for landlord to ask a new tenant to sign a rental agreement that is mostly protects the landlord and hold them free and harmless from any liability that might possibly happen while we occupy the premises.
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answered on Nov 3, 2024
This answer depends on the specific language of the contract or lease itself, but I have provided an answer that I hope can help.
Whether the least act issue is enforceable comes down to the specific language, especially of the particular provision referenced.
First, the landlord... View More 
The dealer did not even ask to finance the two vehicles I came to their lot in question about. He instead stated a hyundai was the only car the finance company would finance me in. It was more than the 10k max and 250 a month I wanted but he came with the papers and said is was basically to late... View More
answered on Nov 2, 2024
I think you have been defrauded. I suggest two things. File suit immediately in small claims court. The case is too small to justify hiring a lawyer, even though for you it was a large sum of money. The other step to take immediately is to file a complaint with the state department of justice -... View More
On March 31, my son hit the car in front of him, and the other party pressured him to pay via Zelle on the spot without providing a repair estimate. Afterward, they requested more money through text messages, and my son made a bank transfer that same day. However, he immediately tried to cancel the... View More
answered on Oct 15, 2024
As far as the bank is concerned, they simply followed your son's instructions. If he got scammed, it's not the bank's fault. You don't get to have the bank pay you back.
Worthy of consideration is that your son caused damage to the other car, and the other is owned by... View More
On March 31, my son hit the car in front of him, and the other party pressured him to pay via Zelle on the spot without providing a repair estimate. Afterward, they requested more money through text messages, and my son made a bank transfer that same day. However, he immediately tried to cancel the... View More
answered on Oct 16, 2024
I'm sorry about your son's accident and ordeal. I hope everyone is okay. It's your decision, but there's something to be said for handling this through your insurance carrier... how do you know the other driver won't come back in 10 months with an injury lawsuit? An... View More
I was at a conference. Met a gentlemen’s that works for company being acquired by the company we are in the process of partnering with. Contract is not signed. I never saw the NDA but it is standard practice to have one so it is assumed. I dont know whats in the NDA as far as any special... View More
answered on Oct 7, 2024
There is no criminal exposure here, so do not fret that.
You are considered to be an at will employee unless you have an agreement to the contrary about that status with your employer. Your employer can discipline or terminate you at any time and for any reason or for no reason at all.... View More
08/31/2024 i went to super shopper auto to finance a used 2018 Honda Accord through in-house financing but when I arrived the manager had a retail installment agreement contract typed and printed for me to sign through a third party call California auto finance 5 days later the dealer requested the... View More
answered on Oct 2, 2024
It sounds illegal. You can sue the dealer in small claims court and you can make a complaint to the California DMV: The Department of Motor Vehicles (DMV) licenses and regulates new and used motor vehicle dealers. If you would like to report a problem or dispute you have with a motor vehicle... View More
We are renting out a house. We were planning on moving out soon. We made a security deposit of $3500 when we first moved in. The contract expires on the 30th of September. We asked the landlady to use our security deposit to pay rent for just a few weeks in October while the new place gets ready.... View More
answered on Sep 28, 2024
You may not use the security deposit for rent. The purpose of the security deposit is to protect the landlord from any damages to the property, and in case you are behind on rent. If you do not pay on time, you may be given a 3 day notice, after which an unlawful detainer (eviction) action may be... View More
I hired a contractor to work on my house to perform an addition and remodeling (about 900 SF). We discovered so many problems after the work was about to finish. I have reported the contractor to the CSLB which brought an expert who evaluated the work and wrote a report about most of the damage.... View More
answered on Sep 13, 2024
Like Mr. Stoddard suggest, finding an attorney to take this case on a contingency basis will be very, very difficult, at best. Attorneys take cases on a contingency basis when they are 99% convinced of success, a huge profit and the judgment is immediately paid in full. An attorney cannot afford to... View More
I hired a contractor to work on my house to perform an addition and remodeling (about 900 SF). We discovered so many problems after the work was about to finish. I have reported the contractor to the CSLB which brought an expert who evaluated the work and wrote a report about most of the damage.... View More
answered on Sep 13, 2024
What you describe is not the typical type of case that most attorneys will take on a contingency basis (at least from my experience). For something like this, I would charge an hourly rate to serve a demand letter and/or litigate the matter and whatever is recovered at the end would be yours.... View More
Small business gets loan, guaranteed by third party guarantor, for startup and early operations with the understanding that the loan would be repaid from cashflow. That borrower is then unexpectedly subjected to illegal actions (ultimately formally found to be so by court) that render its business... View More
answered on Sep 15, 2024
My colleagues are correct about additional information being needed, including the terms of the agreement. Impossibility can be a difficult contract defense to pose. It can be clear-cut (hurricane destroys shipyard where vessel was to be built - performance under the contract is impossible). But it... View More
Small business gets loan, guaranteed by third party guarantor, for startup and early operations with the understanding that the loan would be repaid from cashflow. That borrower is then unexpectedly subjected to illegal actions (ultimately formally found to be so by court) that render its business... View More
answered on Sep 11, 2024
If the borrower is no longer responsible for his obligations under terms of the loan agreement it is likely the guarantor would also be released her obligations. Without knowing what "illegal actions" means a definitive answer is impossible. If the borrower committed a criminal act and... View More
My main water line within my property lines broke. I filed a claim with my home warranty to cover the damages. They state that the damage isn't covered as it's not within their Covered Items (this is correct). However, their contract also states that leaks within the Covered Home are... View More
answered on Sep 9, 2024
I would not attempt to interpret the contract without seeing the contract. However, home warranty contracts are not considered to be insurance. Therefore, there is no such thing as an action for bad faith against a home warranty company. At most, you could sue for the cost of the repair.... View More
Sister on drugs (lifetime), homeless by choice (brain permanently damaged - drugs). Mom helped her spend her inheritance from father (now deceased) to buy a home for her and her kids. State took her kids from her (due to drugs and mental issues), and she "ran away" from her house to be... View More
answered on Sep 6, 2024
You'd need to become her conservator. Conservatorships have notice and other requirements to be sure someone isn't "railroading" a relative and becoming a conservator just so they can steal the disabled person's assets. I'm NOT saying that is what you are doing.... View More
I currently have a contract where I normally call out Jurisdiction in the USA (our contracts with distributors are both domestic and international). I have seen contracts call out Jurisdiction in Delaware (where our company is incorporated) or Santa Clara (where we are operating). Do you have a... View More
answered on Sep 8, 2024
CHOICE OF LAW: First ask what law is most beneficial to my position, in the event of a dispute or lawsuit. As a California lawyer I usually pick California and Orange County as jurisdiction and venue, importantly I pick choice of law either for my entire contract interpretation, non contract... View More
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answered on Jul 26, 2024
To determine if you can use the Dow Chemical Company bond due in 2008, dated March 2, 1978, it's important to consider its current status and authenticity under California law. If the bond is not back-signed and you only have the certificate number, this could impact its validity and your... View More
Hi, I purchased a car June 29th with no title. However the seller gave me smog certificate, DMV Bill Of sale Signed, & a dmv title replacement form filled out. I went to AAA to try and get the vehicle title transferred with all the paperwork I have minus the title. They tell me that the car is... View More
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answered on Jul 24, 2024
In your situation, the first step is to contact the seller again and request the proof of lien release from CarMax. Make it clear that you need this document to proceed with the title transfer and registration. If the seller is unresponsive, you might consider sending a formal written request via... View More
I enrolled at BloomTech in January 2023, committing to a $35k tuition deferment plan, paying only after securing a job. Despite completing 50% of the web development course, the support drastically reduced due to layoffs. Career coaches and learning assistants were replaced by ChatGPT suggestions,... View More
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answered on Jul 23, 2024
To address your situation with BloomTech and the financially binding contract, you should consider consulting an attorney who handles consumer protection or contract law. These legal professionals can help you understand your rights and explore options for exiting the agreement based on the... View More
I am renting a storage unit. It is one of 4 units in a secluded area i.e, not typical franchise self storage. Contract states it is only for storage. It also states items are not to be stored outside unit. Also states mediation before legal claims. I did leave things outside of the unit. The... View More
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answered on Jul 21, 2024
The storage unit owner should not take your property without proper notice, even if the contract states no items should be stored outside the unit. The manager’s voicemail was an informal warning, but it does not constitute legal notice for disposing of your property. You may argue that removing... View More
I need legal advice on a potential predatory lending and unlawful repossession issue. Four years ago, I bought a car, and the lender changed due to the original lender going out of business. The new lender engaged in what I believe were predatory practices, including repossessing my car at 2 AM... View More
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answered on Jul 19, 2024
You have a complex and distressing situation involving potential predatory lending and unlawful repossession. Under California law, you may have several legal avenues to explore. The repossession without notice and the unconventional payment demands may constitute violations of your rights under... View More
answered on Jul 6, 2024
If you're not a party to the contract, and don't have a stake in the matter, then the answer could be "no." The court could determine that you don't have standing to sue.
But since you're asking this question, it's a safe bet that you are a party to the... View More
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