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Shaun K. Boss

Shaun Boss’s Answers

413 total


  • I loaned money to an individual , we wrote a prom.note with no due date, loan due in full upon death of either one, no witness

    signature , was not noterized, he is now dying the money he inherited from his dad several months ago is going to his daughter when he passes, can I collect on my loan?

    Shaun’s Answer

    You should hire an attorney to review the promissory note and advise you of your rights.

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  • Adverse possession law regarding a home you gave up in b-k but have continued to live in for over 5 yrs in calif am I entitled

    To the property?

    Shaun’s Answer

    You certainly sound entitled, but the adverse possession is a non-starter.

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  • Who is reponsible for Security deposit on a commercial lease ?

    I am purchasing a small sandwich shop. The Seller is assigning me the lease. There was a security deposit in the amount of $6700 that is held by the property management company. The Seller is asking that I pay the security deposit directly to t...

    Shaun’s Answer

    It would be prudent to have the landlord inspect the premises to see if there might be existing claims regarding the condition of the premises that would cause a reduction in the amount of the deposit. It is also possible that there could be monetary defaults under the lease which could serve to reduce the deposit. Has the landlord consented to an assignment of your seller's rights under the lease?

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  • I have a multifamily dwelling that i managed by a real estate broker. But I get no information from him. What am I entitled to?

    I have a partner and he manages the dwelling. For the last five years, we were not on speaking terms due to another dispute. I have not gotten any into. I asked for information and I go the last 3 years, not the 2 years before that. He said th...

    Shaun’s Answer

    You are entitled to an accounting for the rents. If your co-tenant is a real estate broker he owes you duties not only as a co-owner, but as a real estate licensee. You may have a right to force a sale of the property through a partition lawsuit. Better still, you should request a mediation with your co-tenant. It would be the perfect forum to work out your differences. Good luck.

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  • If a lawyer has in his retainer agreement that he does not have errors and omissions insurance. What does that mean?

    If the lawyers makes a mistake and does not carry errors and omissions insurance, what does that mean for me as a client? What is the protocol when if he were to make an error? Would it be common for the lawyers to have E & O ins?

    Shaun’s Answer

    If the lawyer commits malpractice in his representation of you, he does not have insurance to cover your potential losses. Most lawyers carry E & O insurance.

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  • Can I closed my business bank account without my partners permission, it was an LLC with equal share, business ended year ago.

    I had an LLC with equal share with 1 business partner. Our partnership ended over a year ago but my partner was uncommunicative and it was difficult to get the business officially closed. Can I close the business bank account to end the business a...

    Shaun’s Answer

    Are you a manager of the LLC? Is your partner also a manager? There is more information needed for a lawyer to properly advise you, however, at some point it might be a good idea to advise the other LLC member in writing of your intentions and let he or she know that you will carry out your plan as stated unless you are contacted in writing within a certain period of time with objections to your plan.

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  • Do I need a lawyer to write a letter notifying the builder of a problem "Builders Right to Repair" or can I write the letter?

    We purchased a home 8/15/14 and just discovered warped, cracked and split siding (cement siding that is supposed to last 30 years). This was not documented in the home inspection report nor discovered during the walk through prior to close of escr...

    Shaun’s Answer

    Did you purchase the property directly from the builder? Were you given a warranty? Was this new construction or a remodel? You can certainly write the letter yourself, but it may have more impact coming from a lawyer. Good luck.

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  • Can I avoid default and foreclosure if I just pay my Contractor the remainder? If I pay can I still go after the bond?

    I'm having my house remodeled and the work started in Dec 2013. Although the contractor failed to list a payment schedule in the contractor we may and oral agreement when the first payment was made. At that time it was verbally agreed that $10,000...

    Shaun’s Answer

    It sounds as if you have valid claims against the contractor. First of all it doesn't sound as if his contract is compliant with the Home Improvement Contract Law found at California Business and Professions Code section 7159. This could be grounds for discipline with the Contractor's State License Board. It also sounds like the "numerous problems" and incomplete work will provide defenses to his claims for payment. This sounds like a good case to take to mediation. It's always better to talk than fight and this process is favored by the Court system. Good luck.

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  • My mother passed away left me as trustee, my name is not on the title of our home. Our home is paid off how do I record my name

    what forms do I need to record my name on deed of our home

    Shaun’s Answer

    If the property is titled in the name of the Trust and your Mother was the acting Trustee of the Trust you will need to record an Affidavit of Death of Trustee, which will give notice of the acting Trustee's death and identify you as the Successor Trustee. You will need to attach a certified copy of your Mothers death certificate.

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  • A licensed contractor is ripping us off, but there's no contract. What do we do?

    He started working on our property 2 years ago, there was never a contract. He smooth talked us & started work then did a bunch of things we never approved of & is now demanding a ton of money out of our budget (that we were clear about). He's cla...

    Shaun’s Answer

    If the property is your residence, the Contractor is required by the Contractors License Law to have a written agreement, which must contain a variety of matters relating to licensing, lien rights, complaint procedures etc. It also must provide a scope of work and progress payment schedule. The Contractor is subject to discipline if the contract is non-compliant. You may want to consider filing a complaint with the Contractors State License Board. See a construction lawyer in your area to explore your options. Good luck.

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