Skip to main content
Shaun K. Boss

Shaun Boss’s Answers

413 total


  • Does the real estate agent have to disclose a letter from a neighbor trying to hinder the sale of my property?

    My real estate agent received a letter from a condo assoc that is directly behind my property. It was a harsh letter full of unwarranted claims. What they really want is for me to trim trees so they get more light and leaves don't fall on th...

    Shaun’s Answer

    Your real estate agent is correct. The letter should be disclosed with a full explanation of what you believe to be the motivation behind it. You should immediately consult with a lawyer for the purpose of sending a letter to the condominium association requesting the association to withdraw the letter in writing and advising the association if they do not do so, they could be responsible for any damage you suffer as a result of their attempt to overreach and interfere with your prospective economic advantage..

    See question 
  • I need to file a dissolution of corporation as partner has taken lead sources and moved money to their benefit. No agreement .

    We are the only 2 owners 50/50. We are both realtors. We currently have a corporation and have for 5-6 years.

    Shaun’s Answer

    It sounds as if you may have claims for breach of fiduciary duty. It may be a mistake to dissolve the corporation at this point. You should get advice from a business lawyer before making any moves. Good luck.

    See question 
  • Legal date of change of real property ownership ( notary date or Recording date) ?

    What is the Legal date of change of real property ownership is it the date notary signed or it is the Recording date ? For example the Quit claim deed was signed and notarized on Jan 1, 2014 . It was recorded on Feb 1, 2014 ...

    Shaun’s Answer

    January 1, 2014 as between the parties to the instrument. Recording gives constructive notice to third parties that there has been a transfer of title.

    See question 
  • Do I need Attorney or Legal Document Asst? Attorney - Prepare/Draw Purchase Agreement for Investment Real Estate Transactions

    Need immediate assistance. Pending Offer for Luxury Residential Investment Property in CA. Will purchase with short term purchase/rehab loan. Need Flat Fee Service for Purchase/Sales Agreement/Contract preparation. Request fees paid @ close of esc...

    Shaun’s Answer

    I agree with Mr. Freda. The assignment you describe does not lend itself to a flat fee arrangement. The work you describe is technical. Don't be penny wise and pound foolish.

    See question 
  • If a seller didn't disclose problems to a selling agent and I subsequently purchased the home, do I have recourse?

    A pre-purchase home inspection didn't reveal any of these problems because the seller placed heavy furniture over the areas of damage. It's been about 3 months since closing. How do I recoup the cost to repair if possible?

    Shaun’s Answer

    Yes, you have recourse. You should ask the Seller to go to mediation in an attempt to resolve the issue. Depending upon the amount involved you may be able to file a small claims action to recover your damages. You should also review the Purchase Agreement to see if the Arbitration provisions were initialed by the parties. If the amount of damage is substantial, you should contact a real estate attorney in your area to discuss your options. Good luck.

    See question 
  • Seller failed to perform agreed repair by final walk through date.Can buyer back out after 17 days & contingencies removed.

    I put an offer on a property in SD , CA & opened the escrow with 3% earnest deposit. Before the contingency removal, I had the seller agree upon a few electrical and plumbing fixes to be done. The seller said if I remove all the contingencies, he ...

    Shaun’s Answer

    Do you have any idea how much it will cost to repair this item? Why do you believe that the repair will affect the structural integrity of the property? You might want to approach the Seller about retaining some of the Seller's sale proceeds in escrow to effect repairs after the closing. It may be problematic to cancel at this time having waived all contingencies, and the Seller may be reluctant to release all of the deposit to you at this late date. It also sounds as if the Seller has agreed to do this work. Hopefully the work is adequately described in a "Request for Repair" that the Seller has signed.

    See question 
  • Can I claim on the equity from the property that I bought with my brother?

    The property was bought in 2010 with both the mprtgage and title under my brothers name. I've paid half of he mortgage for 32 months and was thrown out of the house. My only proof of my share are my cancelled checks.

    Shaun’s Answer

    You should collect as much of the paperwork as you can and schedule an appointment with a real estate lawyer in your area to discuss your options.

    See question 
  • Recently i sold building materials to a company they paid by cc n material was shipped n delivered but the buyer sent me an

    Email attached with " Waiver of Lien and a Release " want me to sign and mail it to them.. Whata " Waiver of Lien and a Release " its was all paid n delivered .. Why should i sign this? Is it safe?

    Shaun’s Answer

    If you have been paid and the release only extends to materials that have already been delivered, you are probably safe in releasing your mechanic's lien rights. If you have any question about the safety of the transaction, you should consult with a lawyer familiar with construction matters.

    See question 
  • How do I get my ex-girlfriend off title to my home? We purchased in 2009 in CA.

    The title is 85% me/15% her as tenants in common. The loan is 100% me. I put 20% downpayment at time of purchase. We agreed verbally to her giving me 15% of the 20% downpayment one year later, but now (after moving out) she claims she never ag...

    Shaun’s Answer

    You will need to negotiate an agreement to buy her our. You have the right to seek a partition of the property, but that will likely result in the property being sold. It is also an expensive process. If you can't negotiate a deal directly with her, consider going to mediation. It is a far less expensive and time consuming process.

    See question 
  • How do we best split real estate team assets without a partnership agreement?

    I've been working as part of a real estate team with another realtor. We never signed a partnership agreement. The partnership didn't work out. I've paid for most of the marketing material including creating a website, logo, domain name, real esta...

    Shaun’s Answer

    I agree with Mr. Doland. You might want to try mediation if you can't reach an agreement with your team members.

    See question