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Bradford Beau Kuhn

Bradford Kuhn’s Answers

11 total


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

    Buyers pursuant to ca CAR purchase and sale contract entered into agreement on a FSBO house. The buyers agent signed an agreement to act as sellers agent in the process. Escrow was to close January 31. Buyers asked and received a one week extensio...

    Bradford’s Answer

    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).

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

    A prop owner and I entered into verbal contract regarding rental unit. Property owner failed to meet obligations by move in date. We were negotiating subletting, but had not came to agreement on rental amount or WHOSE name rental would go in . He...

    Bradford’s 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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  • Eminent domain and bank right to charge interests

    I (and a small group of family investors) bought a small strip mall next to the freeway. We took out a loan from the bank secured by Deed of Trust. Four years later, California govt filed eminent domain to seize the property. The Bank filed fo...

    Bradford’s Answer

    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 payment, there is an ex parte procedure to possibly expedite the process with the court.

    Finally, hopefully you worked out some agreement with the State to pay you interest on the money until you receive it, which may help offset some of the interest you need to pay the lender. (Also, some lenders will agree to stop the mortgage/interest payments under these circumstances if you talk to the right folks -- if you let me know the lender, I may be able to help there as well).

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

    I am the new president of my Homeowner Association, and I have realized that we had land that was taken away from our "Common Areas" for an extension of a road. I am not sure when the land was actually taken, but the road began construction 2.5 ye...

    Bradford’s Answer

    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.

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

    The power co (ATC) will pay me $1 for easement and some additional money for incentive to put pylons on my land. I must (against my will) sign and the money they pay is taxable as though this were profit. The easement land is useless to me and ...

    Bradford’s Answer

    • Selected as best answer

    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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  • How does one best determine a consensus of fair market value from three separate appraisals (eminent domain)?

    Three separate appraisals produced a skewed distribution of fair market values: $200K, $230K and $485K. What is the best fair market value (most convincing to the jury)? Is it the average, $305K? Is it the median, $230K? Is it the midpoint, $...

    Bradford’s Answer

    • Selected as best answer

    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 baby, but sometimes they believe one appraisal is more accurate or convincing than the other and they go with that figure.

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

    My brother & I inherited my fathers ranch with a vineyard. It was put into a trust for my brother & I. My brother wants to buy me out & continue farming the land.

    Bradford’s Answer

    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.

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

    Hi from San Diego, CA! We (sig other and I) went about looking for an apartment. We found one, and signed the lease. The whole process was... awful - the further we go into it, the worse. Weird invasive questions on the phone etc. We have no...

    Bradford’s Answer

    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.

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

    Our Landlords have served us with a 3-day Pay or quit notice with the following errors: 1. Amounts shown are incorrect 2. Issue date is incorrect 3. Signature is falsified What are our options and do we use this incorrect 3-day Pay or Quit...

    Bradford’s Answer

    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, if you vacate today, and the landlord finds a new tenant in two months at the same rental amount, then you'd owe the landlord the additional two months rent

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

    My soon to be tenants needed a 24 month lease. The husband saw the house in person & said they wanted to rent. The wife had concerns about her not seeing it apart from photos. I brought up (kicking myself) that I've heard of people doing a 2 yr le...

    Bradford’s Answer

    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 stay for a few more months while you find someone.

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