Bradford Beau Kuhn’s Answers

Bradford Beau Kuhn

Irvine Real Estate Attorney.

Contributor Level 7
  1. How does one best determine a consensus of fair market value from three separate appraisals (eminent domain)?

    Answered over 2 years ago.

    1. Bradford Beau Kuhn
    2. Morgan Jay Seegmiller
    2 lawyer answers

    It depends on what accounts for the differences in fair market value determinations in the appraisals. Are they using different comparable sales? Are they determining a different highest and best use? A different date of value? The best indicator of fair market value is basically the appraisal the jury believes to be the most accurate. Look at the comps: which one seems to have the most similar properties (lot size, building size, date of sale, zoning, etc.)? Sometimes juries split the...

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  2. 3 day notice to pay or Quit contents are incorrect or left black. File Demurrer? Or motion to quash?

    Answered 8 months ago.

    1. Bradford Beau Kuhn
    1 lawyer answer

    You should file a motion to quash. A court has very limited jurisdiction in an unlawful detainer action, and if the landlord did not properly effect a 3 day notice, the court should not have jurisdiction.

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    1 person marked this answer as helpful

  3. Will I have trouble claiming severance damage on tax form in eminent domain case?

    Answered over 2 years ago.

    1. Bradford Beau Kuhn
    2. Pamela Koslyn
    2 lawyer answers

    Agree with Pamela. I don't understand why the power company can "force" you to give them an easement. If they have the power of eminent domain, they could do so, but then there are different tax consequences involved and you're entitled to just compensation. You should consult an an attorney before agreeing to anything.

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  4. Seller wants to back out of CA real estate transaction after Buyers failed to perform. Can Buyer's sue for specific performance?

    Answered 6 months ago.

    1. Stephen Ross Cohen
    2. Bradford Beau Kuhn
    3. Philip James Beaton
    3 lawyer answers

    CAR forms likely would not permit for a specific performance remedy in favor of the seller; it would be a damages issue (typically there's a liquidated damages provision amounting to the good faith deposit).

  5. Eminent domain and bank right to charge interests

    Answered 12 months ago.

    1. Michael Raymond Daymude
    2. Bradford Beau Kuhn
    2 lawyer answers

    Typically, the State Treasurer will process a payment within a week of receiving the Court order directing it to do so. You should make sure the State Treasurer quickly receives the order; if you need any contact information for the person there who handles condemnation deposits, feel free to contact me and I'll put you in touch. If it is an issue of the State needing to send the Court order to the Treasurer for payment, or that you are waiting for the judge to sign the order directing...

  6. What is a fair way to determine the value of an agricultural property to split an estate

    Answered about 3 years ago.

    1. George William Wolff
    2. Bradford Beau Kuhn
    2 lawyer answers

    The two of you should agree to retain a certified appraiser to value the property. If you cannot agree on an appraiser (some are known to be aggressive, others conservative), you could each obtain your own appraisal and then see if an agreement can be reached. The appraiser will need to consider the highest and best use of the property and what it would sell for on the open market.

  7. Signed lease, no deposit etc paid, no 'consideration'? Is our agreement valid?

    Answered about 3 years ago.

    1. Bradford Beau Kuhn
    2. Frank Wei-Hong Chen
    2 lawyer answers

    Your not providing a deposit does not make the signed lease unenforceable. The consideration you gave was your promise to pay a specific amount of rent for a specified term. The consideration the landlord gave was the promise to provide you with the rental space. I would talk to the landlord, tell them you're not comfortable with the arrangement, and you think it would be best for both of you to just move on. If the landlord can find another tenant promptly, then no harm.

  8. We were given a 3-day Pay or Quit notice that has many flaws

    Answered about 3 years ago.

    1. Frank Wei-Hong Chen
    2. Bradford Beau Kuhn
    2 lawyer answers

    The three day notice is likely defective, and it probably cannot be used to require you to vacate the premises. You can use the 3-day notice in the demurrer to evidence the landlord has not complied with the statutory requirements. However, it sounds like you want to vacate. You're offer to the landlord is reasonable, but you're still on the hook for all future rent for the remaining term of your lease. The landlord has a duty to mitigate damages by finding a new tenant. So, for example,...

  9. How do I go about receiving just compensation for Eminent Domain.

    Answered over 2 years ago.

    1. Bryan Grant Jeansonne
    2. Lauren G. Coleman
    3. Bradford Beau Kuhn
    3 lawyer answers

    Determining whether any property was taken will likely require a surveyor. If the agency did acquire the property without ever filing a lawsuit or entering into an agreement, it is a taking of property without the payment of just compensation, likely entitling you to file an inverse condemnation action.

  10. Do we go by what is written in the lease or what was mentioned in passing?

    Answered about 3 years ago.

    1. Christopher Thomas Staiti
    2. Bradford Beau Kuhn
    2 lawyer answers

    Typically the written lease will control, and statements made before entering the lease are not enforceable if they contradict the written document. If the provision regarding the lease term is vague and ambiguous, then the statements made prior to entering into the lease may be applicable to show the parties' intent. How hard will it be for you to find a new tenant at a similar rent? Perhaps you work out a deal with them that you will start looking for a new tenant, and that they'll...