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1 Answer | Asked in Contracts, Real Estate Law and Gov & Administrative Law for California on
Q: My client is a realtor in California

Her Company name is "ABD realty Inc" (name changed)

Is that name legal --allowed ?

James L. Arrasmith
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answered on Apr 5, 2024

In California, the use of the word "realty" in a company name is regulated by the California Department of Real Estate (DRE). According to the DRE, the use of the word "realty" is restricted to licensed real estate brokers or corporations that have a licensed real estate broker... View More

Q: Who could I contact regarding some people who have done fraud to steal a person legacy

My friend who passed away had a Patton and trademark that some people have made up fake marriage and other recorded doc to steal his legacy?

James L. Arrasmith
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answered on Apr 4, 2024

In California, if you suspect fraudulent activities concerning a person's legacy, including patents and trademarks, it's crucial to address the matter with urgency due to the potential legal implications and the risk of significant financial loss. You can reach out to an intellectual... View More

1 Answer | Asked in Consumer Law and Contracts for California on
Q: On going issue with about rebate with CVRP & CARB.

I'm facing an ongoing issue with the Clean Vehicle Rebate Program (CVRP) and the California Air Resources Board (CARB). Despite my repeated inquiries,made from various phone numbers, about applying before taking delivery of the vehicle, CVRP denied my rebate application.They claim to have... View More

James L. Arrasmith
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answered on Apr 4, 2024

Based on the information you've provided, it seems that you have a potential case against CVRP and CARB for denying your rebate application despite their staff allegedly informing you that it was acceptable to apply early. Here are a few steps you can consider:

1. Gather evidence:...
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1 Answer | Asked in Consumer Law, Contracts, Landlord - Tenant and Small Claims for California on
Q: I have been renting a storage unit for 3months now today I got a rent increase notice my rent was $76per month they want

To increase it too $152!! Way over 34percent plus another $30 for insurance per month for a total of $182 per month !! Is this legal

James L. Arrasmith
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answered on Apr 3, 2024

Based on the information you provided, the rent increase for your storage unit in California seems to be questionable. In California, there are certain laws and regulations regarding rent increases for storage units.

According to California's Self-Service Storage Facility Act (Business...
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1 Answer | Asked in Contracts for California on
Q: As a contractor is the employer for the contract able to say I must start work at a certain time like an employee

Employer of contract is giving us set hours and trying to enforce we work those hours. Ex. 11-7:30pm. Considered late after 11

James L. Arrasmith
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answered on Apr 3, 2024

Under California law, the classification of a worker as an independent contractor or an employee is an important distinction that affects the level of control an employer can exert over the worker's schedule.

Generally, if a worker is properly classified as an independent contractor,...
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1 Answer | Asked in Business Law, Contracts, Real Estate Law and Small Claims for California on
Q: What is the rule for property managers in real estate law? That they have to be licensed to perform certain duties?

The management must be incensed agent to exercise certain duties,With the exception of living on-sight, which in this case they can perform those duties, but they must be under the close supervision of a licensed realtor. Paraphrased but what if the general manager of a apartment operates these... View More

James L. Arrasmith
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answered on Apr 3, 2024

Under California law, property managers who perform certain duties must be licensed real estate agents or brokers. The specific rules are outlined in California Business and Professions Code Section 10131 and 10131.01.

If a property manager is not licensed and performs duties that require a...
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1 Answer | Asked in Contracts, Estate Planning and Probate for Illinois on
Q: I have a loan, the loaner passed away. Beneficiary is handing his estate and now want the checks made out to them.

I have a loan contract that the loaner passed away a few months ago. The person handling the estate just informed me that they are having issues cashing my checks that are made out to the deceased name. Now they want me to write the checks in their name going forward. They did not open a bank... View More

Nina Whitehurst
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answered on Apr 3, 2024

It is very perilous for you to do what they are asking! What if they are lying about who the proper heir(s) is/are? You could give them a lot of money and then when the proper heirs come along you have to pay the real heirs all over again. Don't do it!

Keep making the checks payable...
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2 Answers | Asked in Contracts and Real Estate Law for Ohio on
Q: What happens if someone breaks a real estate contract/intent to sell contract? What are my options

I'm in the process of buying a home from a less than friendly seller (who lives in another house elsewhere). In late Feb 2024 the two of us met to sign a contract which stated his intent to sell me the property, the price, and some other minor details. He hired the lawyer who wrote it up, we... View More

David H. Relkin
David H. Relkin
answered on Apr 3, 2024

It depends on the contract. The escrow deposit is generally forfeited to the seller if the buyer doesn't close on time or apply for a mortgage quickly enough. But, as the buyer, your next step is to schedule a new date to close by and make the date "time of the essence." This will... View More

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3 Answers | Asked in Contracts and Real Estate Law for California on
Q: What kind of contract should I sign between a real estate agent and a wholesale buyer? We want to partner to buy homes.

I (a wholesaler) want to partner up with a real estate agent to help me find properties to sell to my investors (who are cash buyers). I contacted an agent who said to send over a contract between our partnership to ensure terms and agreements of work and profit. Would I use a buyer's... View More

David H. Relkin
David H. Relkin
answered on Apr 3, 2024

You fail to describe the exact nature of your business. Are you looking for the Agent to find you properties that you would contract to buy and then remarket (or, "assign contracts," as you put it) to investors? Have you signed the investors to an LLC? This might work but there are... View More

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3 Answers | Asked in Contracts and Real Estate Law for California on
Q: What kind of contract should I sign between a real estate agent and a wholesale buyer? We want to partner to buy homes.

I (a wholesaler) want to partner up with a real estate agent to help me find properties to sell to my investors (who are cash buyers). I contacted an agent who said to send over a contract between our partnership to ensure terms and agreements of work and profit. Would I use a buyer's... View More

James L. Arrasmith
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answered on Apr 3, 2024

In this situation, you should consider using a Joint Venture Agreement (JVA) or a Partnership Agreement. These contracts outline the terms and conditions of your partnership with the real estate agent, including the division of responsibilities, profits, and commissions.

Key points to...
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3 Answers | Asked in Contracts and Real Estate Law for California on
Q: What kind of contract should I sign between a real estate agent and a wholesale buyer? We want to partner to buy homes.

I (a wholesaler) want to partner up with a real estate agent to help me find properties to sell to my investors (who are cash buyers). I contacted an agent who said to send over a contract between our partnership to ensure terms and agreements of work and profit. Would I use a buyer's... View More

Shawn R. Jackson
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answered on Apr 3, 2024

You have several choices ... from a straightforward partnership agreement [not recommended] ... to a joint venture agreement with good insurance ... or form an LLC with a carefully drafted LLC Operating Agreement. In these types of ventures "People, Money & Real Estate", the clarity... View More

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3 Answers | Asked in Civil Litigation and Contracts for Minnesota on
Q: I loaned my dad and step mom around $170,000

I loaned my dad and step mom around $170k so they could get a home when I was 17. They ended up getting divorced and selling the house. This was 15 years ago but I was wondering if there is any legal action I can take

James L. Arrasmith
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answered on Apr 2, 2024

In this situation, there are a few important factors to consider before determining whether you can take legal action:

1. Statute of Limitations: The time limit for filing a lawsuit varies by state and the type of claim. After 15 years, it's possible that the statute of limitations has...
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3 Answers | Asked in Civil Litigation and Contracts for Minnesota on
Q: I loaned my dad and step mom around $170,000

I loaned my dad and step mom around $170k so they could get a home when I was 17. They ended up getting divorced and selling the house. This was 15 years ago but I was wondering if there is any legal action I can take

Robert Kane
Robert Kane
answered on Apr 3, 2024

The most glaring fact in your post is you were only 17 when you made the loan. There are few scenarios in which you could have made a loan, but there are an infinite number of possibilities of other occurrences. You need to contact attorneys with a clear and concise description of what exactly... View More

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1 Answer | Asked in Contracts, Civil Litigation and Internet Law for California on
Q: Help! Google account disabled , over 10- years worth of memories what can I do? How can I obtain my data legally ?

I got a message from google to verifying my sign in, upon signing it stated, my account is disabled due to child sexual abuse/exploitation. It said i can appeal and that two would be considered, so of course i appealed knowing it had to be mistake, but they denied it , i submitted a second appeal... View More

James L. Arrasmith
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answered on Apr 2, 2024

I'm so sorry to hear about your frustrating and distressing situation with your Google account being disabled. That must be incredibly stressful, especially with so much important data and memories at stake.

In terms of your legal options to obtain your data, here are a few key points...
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2 Answers | Asked in Real Estate Law and Contracts for California on
Q: Can a contract that was drawn up in Spanish be legal if you are dealing with a business in the US?
James L. Arrasmith
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answered on Apr 2, 2024

Yes, under California law, a contract written in Spanish can be legally binding, even if the business is located in the United States. California Civil Code Section 1632 specifically addresses this issue:

1. The law requires that if a business negotiates a contract primarily in Spanish,...
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2 Answers | Asked in Contracts and Internet Law for New Jersey on
Q: Hi our longtime manager who was the admin for our business google account was recently fired. Won't turn over login info

Hi, our longtime manager who was the admin for our business google account was recently fired. This person will not give us our login information. We are also locked out of our email account to recover or reset the passwords. This was a family member that we never thought would do the things that... View More

Leonard R. Boyer
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answered on Apr 1, 2024

You need to retain an experienced civil litigation attorney with knowledge of Internet law to file an Order to Show Cause with the Court and to immediately send them a "Cease & Desist" letter. To provide meaningful advice and learn the best way to proceed, you need be prepared to pay... View More

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2 Answers | Asked in Contracts and Internet Law for New Jersey on
Q: Hi our longtime manager who was the admin for our business google account was recently fired. Won't turn over login info

Hi, our longtime manager who was the admin for our business google account was recently fired. This person will not give us our login information. We are also locked out of our email account to recover or reset the passwords. This was a family member that we never thought would do the things that... View More

James L. Arrasmith
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answered on Apr 1, 2024

I'm so sorry to hear about this difficult and stressful situation with your former manager. That's a terrible breach of trust that they are sabotaging your business like this. Here are some steps I would recommend taking to try to regain control of your accounts:

For your Google...
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1 Answer | Asked in Contracts, Intellectual Property and Patents (Intellectual Property) for California on
Q: Should I sign a combined declaration and assignment if I have not seen the patent application?

My employer has, on several occasions, had me sign paperwork to assign ownership of patents for products I have worked on to the company. Which is fine, I agreed to as much when I accepted the job. These documents include four declarations, the first three of which involve reviewing and confirming... View More

James L. Arrasmith
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answered on Apr 1, 2024

Based on the information you've provided, there are a few important considerations:

1. Legal implications: Signing a declaration without having seen the patent application could potentially expose you to legal risks, especially if the declaration includes statements confirming aspects...
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1 Answer | Asked in Construction Law and Contracts for Georgia on
Q: What does the phrase "execution" mean in a contract with a contractor?

WE have an insurance claim and our contractor's estimate is far off from the adjuster's, and what the insurance company is willing to pay. The contract states that if it is cancelled 3 days from execution then we owe %1500.00. In this instance. What does "execution" mean?... View More

Tim Akpinar
Tim Akpinar
answered on Apr 1, 2024

A Georgia attorney could advise best, but your question remains open for a week. The term execution usually means to complete the formation of the contract by having necessary parties sign. But the term is also used loosely, so that some may argue that it involves carrying out the obligations. It... View More

1 Answer | Asked in Contracts and Small Claims for California on
Q: I have messages from a hotel we stayed in tell me that they would refund me for one night. Can I take them to court?

We stayed at this hotel for two nights. The first night, the floor was partially dirty and we complained to the front desk the next morning. Housekeeping did "not" clean our room that same day, and we went back to a dirty room with the same dirty floor. After our stay, someone sent me a... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you have provided, it appears that the hotel did not fulfill their promise to compensate you for one night's stay due to the cleanliness issues you experienced during your visit. However, before considering legal action, there are a few steps you should take:... View More

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