Shaun K. Boss’s Answers

Shaun K. Boss

San Diego Real Estate Attorney.

Contributor Level 14
  1. To protect my property, I plan to quit claim it to my daughter, & remove my name, is this a valid strategy?

    Answered over 1 year ago.

    1. John Bernard Palley
    2. Shaun K. Boss
    3. Christine James
    4. Rebecca Lynne Melone
    5. Douglass S Lodmell
    6. ···
    7 lawyer answers

    You mention a "potential hassle in the near future". If that means that someone has claims against you and you transfer property for less than fair market value, that "creditor" may have cause to complain about the transfer and have it set aside as a "fraudulent conveyance". You should see a lawyer. There are better ways to deal with this issue than an outright transfer to your daughter. There are many potential problems that could be created by such a transfer. You need advice about this...

    7 lawyers agreed with this answer

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  2. What happens to a commercial lease once a partnership is dissolved?

    Answered over 1 year ago.

    1. Michael Charles Doland
    2. Shaun K. Boss
    3. Brad S Kane
    3 lawyer answers

    I agree with Mr. Doland. I would add that neither of you can exclude the other from the premises absent an agreement to that effect.

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  3. What do I do after I filed request for entry of default against a contractor who put a lien on my property and did not answer?

    Answered over 1 year ago.

    1. Shaun K. Boss
    2. Thomas Patrick Quinn Jr
    3. Douglas Patrick Flaherty
    4. Roman Michael Whittaker
    4 lawyer answers

    You indicate that you filed suit against the contractor. Did you file suit or a petition to remove the lien under Civil Code section 8480 et seq? If you filed the latter, the Court can order the lien removed.

    7 lawyers agreed with this answer

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  4. Was Quitclaim Deed For Inherited Property Recorded TOO LATE After Grantor's Death??

    Answered almost 2 years ago.

    1. Shaun K. Boss
    2. James P. Frederick
    3. Joseph Franklin Pippen Jr.
    4. Steven J. Fromm
    4 lawyer answers

    There is no issue as to the timing, but you should have an attorney review the deed. There also may be an issue with property tax reassessment. While a transfer from parents to children is exempt from reassessment if the proper paperwork is filed, a direct transfer to the new trust may not be exempt. The better way probably would have been a deed from the trustees to you and your sister, then a second deed from the individuals to the new trust. Why did you decide to form a trust to hold the...

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  5. Seller threatening lawsuite for asking to reduce the price while in escrow with all contigencies.

    Answered about 1 year ago.

    1. Shaun K. Boss
    2. Christine C McCall
    3. George William Wolff
    4. Sean Patrick Lewis
    5. Albert Lee Crosner
    5 lawyer answers

    You need a real estate attorney to review the transactional documents to determine if you have a valid contingency that will allow you to avoid the obligation of performance. How much longer do you have to remove contingencies? Do you have an unexpired loan contingency that might prevent you from getting financing based on the lower appraised value?

    7 lawyers agreed with this answer

  6. Do express disclaimer and limitation of liability clauses in a commercial contract prevent a party from asserting tort claims?

    Answered over 1 year ago.

    1. Michael Charles Doland
    2. Kristina Michelle Reed
    3. Shaun K. Boss
    4. John Joseph O'Brien
    5. Paul Bradley Schroeder
    6. ···
    7 lawyer answers

    You should have a business lawyer in your area review the underlying documents and provide an opinion. You should also provide that lawyer with the demand letter or lawsuit paperwork if suit has been filed. You should act promptly to avoid unnecessary problems.

    7 lawyers agreed with this answer

  7. Which form of Ownership is best.

    Answered almost 2 years ago.

    1. Michael Charles Doland
    2. Andrew Kevin Jacobson
    3. Shaun K. Boss
    4. Patrick Cornelius Cotter
    4 lawyer answers

    Corporation is probably the choice if you are required to have a contractor's license for the work you perform. An LLC can now be licensed, but I understand that the license bond for an LLC can be difficult to obtain.

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  8. What can be done regarding my partnership?

    Answered over 1 year ago.

    1. Shaun K. Boss
    2. James Carl Eschen III
    3. Sarkis Jacob Babachanian
    3 lawyer answers

    It is not uncommon for one partner to feel that he/she is shouldering more of the load in a business venture. If you are going to terminate the relationship amicably, then the business assets and liabilities can be divided and you can go your separate ways. If you can't agree on a resolution, you can file suit to dissolve the partnership and wind-up it's affairs. Best to do it without involving the Court. It's expensive and time consuming. Good luck.

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  9. Can a regular (non-S) corporation divide profits and losses among shareholders however it wants?

    Answered over 1 year ago.

    1. Shaun K. Boss
    2. Shawn Regis Jackson
    3. Phillip Monroe Smith
    4. William Martin Burbank
    4 lawyer answers

    Profits should follow share ownership. Perhaps you could be compensated in some manner for your efforts on behalf of the corporation in order to get to the same place.

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  10. Seller breached contract period.They won't give full refund of the earnest deposit.What are my options ?

    Answered over 1 year ago.

    1. Michael Raymond Daymude
    2. Frank Wei-Hong Chen
    3. Shaun K. Boss
    4. Carl H Starrett II
    5. Majeed Michael Hassanpour
    6. ···
    7 lawyer answers

    Have you waived contingencies? Are you represented by a real esate agent? If there are unmet contingencies, you may have a right to terminate the agreement and recover your deposit. There is a contincency relating to the condition of the property. If the 17 day contingency period for disapproval of the condition of the property has expired, you can argue that the contingency period was extended by the failure of the Seller to deliver the termite report if the termite report provides a...

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