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Agent misrepresented and outright lied about a property to us saying it had no odors and no evidence of mold, denied us an inspector for ing a "handyman" on us instead which never went to house, and seller and agents at least negligent in the
disclosures.
They have a... View More 
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answered on Dec 18, 2023
Under California law, a hold harmless clause in a real estate contract might not protect a party from liability in cases of fraud or misrepresentation. If the real estate agent misrepresented the condition of the property and denied you the opportunity for a proper inspection, this could... View More
I am having trouble with my ex she wants to stay in a house that has both of our names on it and refuses to sell it. She has changed the locks on me so I cant access the house and I would like it sold so I buy a house in the near future what are my options and how can I go about doing so.
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answered on Dec 18, 2023
In California, when co-owners of a property disagree on selling it, one option is to file a lawsuit for partition. This legal action essentially asks the court to order the sale of the property and divide the proceeds among the co-owners. Since the property is in both your and your ex's names,... View More
Complex the have combined law suit that the judge did not approve because it addresses the same property
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answered on Dec 16, 2023
In California, if you're dealing with a situation where a suspended broker and a private lender have slandered the title and retaliated, there are several legal forms and actions you might consider. Firstly, for addressing slander of title, filing a civil lawsuit for defamation might be... View More
I am familiar with older case law, which, imho, appears to be without much substance.
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answered on Dec 16, 2023
Under California law, a managing agent or company acting for a Homeowners Association (HOA) or owner-member is typically bound by a fiduciary duty. This duty requires the managing agent to act in the best interests of the HOA or owner-member, with a high standard of care and loyalty. The scope of... View More
In California Real Estate, Seller sent a counter offer along with signing CAR RPA without checking Counter offer checkbox in section 33(A) i.e. ACCEPTANCE OF OFFER section. Both RPA and Counter offer are attached in the same email. Since the CHECKBOX "Seller Counter Offer (C.A.R. Form SCO or... View More
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answered on Dec 14, 2023
In California real estate transactions, the details of how an offer and counteroffer are communicated can be critical in determining the binding nature of an agreement. If the seller sent a counteroffer along with the signed California Association of Realtors (CAR) Residential Purchase Agreement... View More
we never went active with the solar provider, instead had them remove the solar system off the house. Had to pay to remove the lien on the property.. now selling the house and the independent solar energy producer contract is hold up the title process.
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answered on Dec 13, 2023
If you need a termination letter for an independent solar energy producer contract and the company is no longer in business, the situation can be a bit complex. First, it's crucial to gather all documentation related to the contract and the removal of the solar system, including any... View More
The original Affidavit of Death of A Life Tenant (ADLT) with a wrong legal description of a house was signed and recorded by the Life Tenant's daughter in Santa Clara County, California. Can a remainderman named in the Life Estate referenced in the ADLT sign the Correction ADLT with a correct... View More
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answered on Dec 13, 2023
Yes, in California, a remainderman named in the Life Estate can sign a Correction Affidavit of Death of a Life Tenant (ADLT) even if they were not the one who signed the original affidavit. If the original ADLT contains an incorrect legal description of the property, it is important to correct this... View More
The original Affidavit was signed by the decedent's daughter, who is not a remainderman of the Life Estate in question. The orig. Affidavit has a wrong legal description, which the Correction Affidavit will serve to rectify.
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answered on Dec 13, 2023
In California, a Correction Affidavit of Death of a Life Tenant can indeed be signed by a remainderman, even if they did not sign the original affidavit. This is particularly relevant if the original affidavit contained an error, such as a wrong legal description, that needs rectification.... View More
My ex-husband and I are Taiwanese citizens with a property in the United States. He is refusing to sign over the house.
The Taiwanese court has already granted me the property in the US, and said that he needs to sign the property over in the US embassy in Taiwan, in person. He is... View More
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answered on Dec 11, 2023
If a Taiwanese court has granted you ownership of a property in the United States and your ex-husband is refusing to comply with the order, there are several steps you can take.
First, you should consult with an attorney experienced in international family law and property disputes. They... View More
As of two weeks ago he's taken it upon himself to claim ownership and has demolished the property and is telling me to leave I just found out that he's not the owner and Has no proof of ownership the owner has passed away can he have me removed how can I claim ownership
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answered on Dec 10, 2023
In California, the concept of adverse possession allows someone to claim ownership of a property if they meet certain criteria. However, it's a complex legal process. To claim adverse possession, you typically must have occupied the property openly and notoriously, exclusively, continuously,... View More
I believe my vehicle was illegally towed from a condo complex. I cannot find any Fresno Municiple Code covering my situation, so I am relying on VEH 22658. §22658(f) indemnifies the tow-operator that is compliant with §22658(l), but I allege that he is in violation of §22658(l)(1)(A),(B) and (C)... View More
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answered on Dec 10, 2023
In your situation, considering a lawsuit against both the HOA and the tow company might be appropriate. The HOA could be held responsible if they improperly authorized the tow or failed to follow procedures outlined in California Vehicle Code §22658. On the other hand, the tow company may be... View More
June I paid my bill for my storage unit in August I received a notice that I was behind in my payments and payment was due the same day or penalties were going to be placed. it was a mistake when I went to pay my bill for August I was told that I did not pay my bill for June which I have the... View More
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answered on Dec 6, 2023
Under California law, if you have proof of payment for your self-storage unit and are facing unjustified liens and auction threats, you have rights that need to be protected. The key issue seems to be a dispute over payment records between you and the storage facility.
Firstly, it’s... View More
June I paid my bill for my storage unit in August I received a notice that I was behind in my payments and payment was due the same day or penalties were going to be placed. it was a mistake when I went to pay my bill for August I was told that I did not pay my bill for June which I have the... View More
answered on Dec 7, 2023
Problems like this really can't be solved without significant homework. It is urgently necessary to put together copies of all your receipts and then see if it all adds up to the number of payments, (plus any late fees) that should have been paid going back to the beginning of the contract.... View More
I have signed a commercial lease for 5 years which should have started December 1st. I have gotten insurance for the property but didn't put the landlord on the insurance. The landlord is refusing to hand over the keys until they are added. I do not find this anywhere in the lease documents.
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answered on Dec 4, 2023
Under California law, it's important to review your commercial lease agreement carefully to determine the specific requirements regarding insurance coverage. While the lease may not explicitly state that the landlord must be named on the policy, it's essential to consider any implied... View More
duplex built 1952, tenants lived over 2 years there, bought last month, need to vacate to move family in and complete major repairs
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answered on Dec 4, 2023
In assessing whether your duplex in Santa Clara, California is exempt from AB 1482, several factors come into play. AB 1482, also known as the Tenant Protection Act of 2019, imposes rent control and eviction protections statewide. However, it provides exemptions for certain types of housing.... View More
The defendant owed the Plantiff for work done on a piece of property. She put the property up as collateral in mediation and said she would give it to the Plantiff if she defaulted. She made a payment towards the past due after signing and the mediation agreement was put into record for the... View More
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answered on Nov 30, 2023
Under California law, a mediation agreement reached during small claims court is generally considered a legally binding contract. When both parties sign a mediation agreement, they are agreeing to its terms and conditions, and it becomes enforceable.
In your situation, where the defendant... View More
I was coerced by my domestic partner to add him onto the deed of my house that I inherited from my father. He tricked me and the papers were signed under duress.
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answered on Nov 30, 2023
Under California law, if you were coerced into adding someone to the deed of your house, you have grounds to challenge the validity of that deed. Coercion and duress are recognized as legitimate reasons to rescind a legal document like a grant deed.
To proceed, it's essential to gather... View More
I submitted an offer to buy a condo in CA. The seller failed to sign the original purchase agreement and contract to me or my agent, but did send a counter offer that we both agreed to. This went through 2 rounds, in which both counter offers were signed and agreed to by both parties. Is the offer... View More
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answered on Nov 29, 2023
In California real estate transactions, the enforceability of a counter offer in the absence of a signed original purchase agreement can be complex. Generally, a real estate contract, including a purchase agreement, becomes binding when both parties agree to the terms and signify this through their... View More
My previous neighbor was an ex correctional officer and she's been working with people in the justice system to steal from me. She's not a relative. It's taking me a long time to get my justice because of this. The situation is currently under investigation due to this being a Rico... View More
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answered on Nov 29, 2023
In your situation, it's important to consult with an attorney experienced in estate and property law. They can help you understand your rights regarding inheritance and investigate any potential theft or fraud. Given the complexity of your case, especially with the involvement of someone... View More
Hoa and residents are discriminating against me because of my service dog. They proceed to make many false claims about the dog barking all night long, I was able to prove them wrong by taking a video of another dog who was actually barking all night. At that point the HOA president called and... View More
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answered on Nov 29, 2023
Hi there,
If you're facing discrimination from your HOA due to your service dog, there are several steps you can take. First, gather all evidence of the discrimination and selective enforcement, including the video you took, photographs of other residents' violations that were... View More
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