Skip to main content
Paul Dezso de Holczer

Paul de Holczer’s Answers

103 total


  • What would be alternate (and better) verbiage of our disclaimer to protect our company from law suits

    BACKGROUND ON US: We provide marketable floor plans for realtors by going out to the homes and creating the plans from our measurements and then emailing them to our clients. We also offer for a small fee to calculate and write a total sq ft o...

    Paul’s Answer

    You should contact an attorney and get a confidential, reliable opinion on this.
    No response here will be one which is confidential and reliable.
    For that, you have to engage an attorney.

    I would be VERY surprised if any attorney were so casual and unprofessional as to give you specific, actionable advice with so little information.

    Best Wishes!

    See question 
  • If an HOA Board upholds a homeowner's appeal of a CC&R violation, does that mean that violation can never again be issued?

    After receiving a parking violation letter from our HOA, we took the Board up on their offer for a hearing to dispute their interpretation of the parking and vehicular restrictions in our CC&Rs. They scheduled the hearing. The day before we were...

    Paul’s Answer

    Doesn't this mean that specific restriction must be unenforceable?

    No, not necessarily.

    1) It could mean that the specific restriction is unenforceable.
    2) It could mean that the specific restriction is enforceable, but that your particular circumstances do not qualify as a violation of the specific restriction.
    3) It could mean that the specific restriction is enforceable, and your particular circumstances MIGHT qualify as a violation of the specific restriction, but the Board does not want to fight you over this.
    4) It could mean that the specific restriction is enforceable, and your particular circumstances DO qualify as a violation of the specific restriction, but the Board does not want to fight you over this.

    If you want to cover yourself, you might write the Board a letter and keep a copy. The letter might say, "The Board notified us that it found we were in violation of a particular parking and vehicular restriction (or restrictions) in our Conditions, Covenants and Restrictions. We filed an appeal and the Board has informed us that it upheld our appeal. We understand that the Minutes of the Board will reflect that decision. Please confirm that the Minutes of the Board reflect that decision. We respectfully request a copy of the particular Minutes reflecting that decision. We are pleased that this matter was resolved amicably. Thank you!"

    This MAY suffice to defend your practice if the Board membership changes and some other Board decides again to pursue this.

    Best Wishes!

    See question 
  • My house caught on fire last Thursday. The fire started at the box put in by Time Warner Cable. Can I sue them?

    I paid for an electrician to come in and check the house, and there was nothing on our end. I have called Time Warner Cable on several occasions and they seem to be clueless on what they need to do. They haven't even sent anyone out here to See ex...

    Paul’s Answer

    The other attorneys responding to this question have some good points. Your Time Warner Cable contract may -- and probably does -- have some language which affects the rights and liabilities of you and TWC. You should speak with an attorney about this. If your deductible is high, you may want to recover to be reimbursed for this. As was mentioned, your home insurance company is very likely entitled to collect some reimbursement under your policy. Best Wishes!

    See question 
  • What deed can be used when you are given the right to build a house on land which you do not own but are given rights to?

    Daughter owns land but we are given the right to build a house on it.

    Paul’s Answer

    I agree with Martin Lamb. You do not want to make mistakes with this transaction. You will likely have a significant investment in this propert. You may want more than a leasehold -- probably a life estate.

    See an attorney to make sure you are fully protected.

    See question 
  • Can I still sue this moving company 11 months later & is there a statute of limitations?

    we moved here a year ago from Clevelan to Bluffton, SC. Movers we hired overinflated the cost of our move, & u would not believe how much they left in Ohio. They also held our belongings hostage for a week & we had to stay in a hotel because we ha...

    Paul’s Answer

    Jeremy Summerlin gave a good response to this question. You should have a look at your contract, however, as it might require either arbitration or that you bring suit in Cleveland, Ohio (I am assuming you meant to say Cleveland, Ohio). This could complicate things somewhat. So, check your written contract and consider contacting an attorney through the South Carolina Bar Lawyer Referral Service (http://www.scbar.org/Public-Information/Find-a-Lawyer).

    The Lawyer Referral Service (LRS) is a public service of the South Carolina Bar that provides referrals to individuals needing qualified, prescreened lawyers. You may call for a referral from 9 a.m. to 5 p.m. Monday through Friday. The number to call, both in state and out, is 1-800-868-2284. (In Richland and Lexington counties, call 799-7100.) An online referral service is also available 24/7 and may be accessed by http://www.scbar.org/PublicInformation/FindaLawyer/LRS.aspx

    See question 
  • SOUTH CAROLINA: I own the remainder interest in two pieces of property with my parents holding the life estate.

    I want to transfer the remainder interest to myself and my daughter as joint tenants with rights of survivorship so that in the event my death the property will be her's after the life estate ends. What type of deed should I use? Also, should I in...

    Paul’s Answer

    I would recommend that you consult with a real estate attorney to arrange this transfer and make certain that the language in the transfer accomplishes what you want to accomplish.

    If you have any trouble finding an attorney, you can call the SC Bar Lawyer Referral Service.
    What is the Lawyer Referral Service?
    The Lawyer Referral Service (LRS) is a public service of the South Carolina Bar that provides referrals to individuals needing qualified, prescreened lawyers. You may call for a referral from 9 a.m. to 5 p.m. Monday through Friday. The number to call, both in state and out, is 1-800-868-2284. (In Richland and Lexington counties, call 799-7100.) An online referral service is also available 24/7 and may be accessed by clicking here:
    http://www.scbar.org/PublicInformation/FindaLawyer/LRS.aspx

    http://www.scbar.org/Public-Information/Find-a-Lawyer

    See question 
  • We paid $400 for materials for repairs to be done in our home. The work has not been completed.

    We have tried to reach the man who took our money and he has not returned our calls. We have been told that he is an addict and has done this to many other people. How do we go file a complaint to have him prosecuted?

    Paul’s Answer

    You can contact the Beaufort County Sheriff's Office to file a criminal complaint.

    You can also contact the South Carolina Contractor's Licensing Board at the South Carolina Department of Labor, Licensing and Regulation to file a complaint with that Board:

    http://www.llr.state.sc.us/POL/Contractors/

    Your money is probably gone for good, but you may be able to stop other people from being victimized. If the man is prosecuted criminally, and the State wins, the man may be required to pay you restitution of the $400.00 as part of his sentence -- so there is a chance you will collect your money.

    Always use a licensed and bonded contractor to do your repairs. You can check on a contractor's license at the South Carolina Contractor's Licensing Board at the South Carolina Department of Labor, Licensing and Regulation: http://www.llr.state.sc.us/POL/Contractors/

    Best Wishes!

    See question 
  • Do I need an attorney? Or can any action be taken?

    My husband and I bought a mobile home in 2003. We recently decided to refinance our home for a lower rate. And we discovered the title of the home has never been registered. And the company that owns our loan has no idea where the title of the hom...

    Paul’s Answer

    I agree that you should consult with a real estate attorney immediately.

    If you cannot afford an attorney, you can contact South Carolina Legal Services (SCLS). South Carolina Legal Services provides free legal services in a wide variety of civil (non-criminal) legal matters to eligible low income residents of South Carolina. SCLS is a non-profit corporation, funded by grants from the federally funded Legal Services Corporation, the South Carolina Bar Foundation, local United Ways, state court filing fees, and other federal, state and local funding.

    Spartanburg Office
    Serving: Cherokee, Spartanburg, and Union Counties
    148 E. Main Street
    Spartanburg, SC 29306
    Toll Free: 800.922.8176
    Phone: 864.582.0369
    Fax: 864.582.0302

    http://www.lawhelp.org/sc

    See question 
  • If heirs property is tied up in a legal lien/default/delinquent taxes,If one of the heirs pays the fees,do they obtain sole ownr

    Property was seized, my Father signed agreement of $50k fine, but passed away b4 retrieving; the county still holds the deed, but the heirs have not come t'gether on retrieving; the county has now petitioned the court to sell the property to colle...

    Paul’s Answer

    "Question: if one of the heirs pays this, does that give them sole ownership to the deed?"

    Just as the payment of taxes by one heir does not entitle that heir to ownership and cause the other heirs to forfeit their ownership interests, the payment of deliquent taxes and penalties by one heir does not entitle that heir to ownership and cause the other heirs to forfeit their ownership interests.

    There are ways for an heir to quiet title and obtain ownership -- Attorney Talbert addresses this. You should speak with an attorney about this before investing any money in this matter. There is no point in wasting your money on a procedure when other, more profitable strategies might be available to you. Best Wishes!

    See question 
  • Do I need a real estate lawyer?

    I am divorced. My ex husband and I bought a house. The loan is in my name but the deed to the house is in both names. I want the loan and the house out of my name. He was court ordered to make the payments. I'm newly engaged and want to buy a ho...

    Paul’s Answer

    You may want to contact a domestic or family law attorney first to see if that can or should be resolved in the Family Court. Otherwise, it might be possible to have a real estate attorney handle it.

    Best Wishes!

    See question