James Alan Greer’s Answers

James Alan Greer

Del Mar Construction / Development Lawyer.

Contributor Level 10
  1. Can a Realtor do some construction work to cause a sale?

    Answered over 1 year ago.

    1. James Alan Greer
    2. Paul Bradley Schroeder
    3. John Noah Kitta
    3 lawyer answers

    I am a licensed Attorney and licensed Contractor. In order to thoroughly respond, I would need more information. However, in order to try to be helpful, I'll present a couple hypothetical situations and then you can determine where you "fit" into these alternatives. 1. Repairs to your driveway may or may not be required to be performed by a Licensed Contractor. For example, if the work is superficial and a repair person believes the work can be performed for less than $500, then no...

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  2. A contractor claims he was partners with me but was not

    Answered over 1 year ago.

    1. George William Wolff
    2. Brad S Kane
    3. James Alan Greer
    3 lawyer answers

    The contractor has a difficult burden of trying to prove the existence of a "Partnership Agreement". Examples below: Can he show any evidence of what consideration he was to receive for acting as your "partner" (example: is there an agreement to sell your property and divide the proceeds, or were you at all times intending to stay/reside at the property ) ? If there was no agreement for the division of "profits" from the partnership endeavor then he can't meet his burden. Can you show...

    6 lawyers agreed with this answer

  3. I own my condo and my HOA has decided to tent for termites. What are my rights?

    Answered over 2 years ago.

    1. James Alan Greer
    2. Michael Charles Doland
    3. Frank Wei-Hong Chen
    3 lawyer answers

    Dear Condo Owner: 1. It is always well advised to have periodically taken photo or video of your unit contents and belongings (whether for fire, or theft) - do this before you leave; 2. The HOA Management becomes jointly liable - along with the termite tenting company - the moment you relinquish your keys to them, therefore out of caution ask the Management Company to provide a copy of the Liability Insurance policy of the termite Company (if they're reputable they will oblige, and...

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  4. How do i screen arbitrators?

    Answered over 2 years ago.

    1. Michael Robert Kirschbaum
    2. James Alan Greer
    3. Bruce E. Burdick
    3 lawyer answers

    In order to "screen" lawyers on the List you had been provided from the service provider, you should do the following: 1. Try and get an understanding of the type of practice the arbitrator undertook as an attorney (examples: you'll be able to get a general understanding as to whether the person was "plaintiffs" or "defendants" type of practice. 2. Look at the associations the person belongs in order to glean the same proclivity. 3. Then, research the law firm - try and find out if there...

    4 lawyers agreed with this answer

  5. Does an attorney paid by a real estate partnership have a fiduciary to to all the partners?

    Answered 4 months ago.

    1. James Alan Greer
    2. Kevin Arnold Spainhour
    3. Janet Spiro Martin
    3 lawyer answers

    This question needs more clarification. I will make an educated guess (because wasn't clear in your question) that the attorney is being paid from the operations of the mutually-owned building, to oppose your interests. I will further surmise that the attorney is representing the interests of 9 persons, as against your 1 interest. An attorney can represent 9 INDIVIDUALS against 1 individual without owing any sort of fiduciary duty to the 1 individual (you). On the other hand if the attorney...

    3 lawyers agreed with this answer

  6. Can my HOA make me take down an already existing pathway because I made it concrete?

    Answered over 2 years ago.

    1. James Alan Greer
    2. Rabeh M. A. Soofi
    3. Frank Wei-Hong Chen
    3 lawyer answers

    Dear Condo Owner: My concern is with your having "added concrete sidewalk and concrete steps" without previously obtaining approval from the HOA . Why ? Because typically a Condo Owner (you) are the title owner to only the interior space of your unit (literally, "from the paint on your walls, and inward"). And also typically, the HOA owns the "common areas" (including the exterior walkway where you provided said improvements). Therefore, if you are in a typical HOA situation, you've...

    3 lawyers agreed with this answer

  7. We purchased a home and the sellers/family failed to disclose important info on the disclosers, we felt this was deliberate.

    Answered over 2 years ago.

    1. Alexander Simone Maniscalco
    2. James Alan Greer
    3. John Russell Sorensen
    4. Kenneth Allyn Sprang
    4 lawyer answers

    PLEASE NOTE: There are a few legal doctrines that you should be VERY concerned about (these include, among other, Prescriptive Easement and Easement by Necessity). The longer you allow the neighbor to continue to "encroach" the greater their rights are to pursue their expanded fence line permanently. Therefore, I would advise seeking counsel. Next, I would advise you to respectfully demand that the fence line be placed back on the surveyed boundary. "Legal Action" (as asked) may...

    3 lawyers agreed with this answer

  8. How long do I have to wait for property to be considered abandoned?

    Answered over 2 years ago.

    1. James Alan Greer
    2. Frank Wei-Hong Chen
    2 lawyer answers

    If you are planning on selling the contents then I'd caution you to make sure you "preserve the evidence" in case the owner returns to reclaim the property; what this means is take thorough photos of the contents (better yet, photos and a video). Then, also keep copies of receipts of any of the sales transactions. If you are intending to keep any of the contents for your own use, then in addition to the above steps to preserve the evidence you may also want to try and have an "appraiser"...

    3 lawyers agreed with this answer

  9. I signed a contract with a real estate company to find a tenant lease premium $40000 plus six year rent at $32000 per annum.

    Answered over 2 years ago.

    1. James Alan Greer
    2. Frank Wei-Hong Chen
    3. Kevin Samuel Sullivan
    3 lawyer answers

    In addition to the other counsels' comments, it would seem to me that there should be SOME reasonable deduction to the $8000 fee, based on the fact that you didn't achieve the lease premium. An attorney experienced in real estate law (I have 25 years in the field) would want to examine the following in order to properly guide you: 1. Your agreement with the Real Estate Company that was hired to find the tenant (paying particular attention to the parameters of how they should be paid and a...

    3 lawyers agreed with this answer

  10. I sold one of two properties i own to a third party which had utilities jointly serving both.

    Answered over 2 years ago.

    1. James Alan Greer
    2. Alexander Simone Maniscalco
    3. Frank Wei-Hong Chen
    3 lawyer answers

    It would appear that you MAY be able to lodge a claim against the Buyer, but there are a few issues/concerns: 1. What are your "damages" for not having utilities ? (i.e. did your second property have a renter or was it unoccupied). If you lost rent, and can "prove" this, then the lost rents may be recoverable. The other area of damages may be the costs to have to re-connect your services (see below). 2. Is six weeks a "reasonable time" to repair the utilities ? (i.e. reasonable would be...

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