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Jeffrey Howard Lerman

Jeffrey Lerman’s Answers

17 total

  • If I have a manager running my llc. I own 55 percent of LLC. He makes the daily management decisions.

    The problem I am having is I use a office and the manager of our LLC(Parents) want to let my brother in law use it also. I refused to because I do not trust him. Can I refuse to let my brother in law use the office. Can I tell my brother in law h...

    Jeffrey’s Answer

    You write that your parents are the manager of your LLC but you own 55%. The answer, therefore, requires an experienced attorney to review your operating agreement. This should be a fairly quick consultation with a lawyer.

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  • Can I sue the seller for changing his mind on a short sale Propety after short sale lender approval?

    The short sale lender approved the short sale and I have spent money for appraisal , inspections and paid HOA dues which asked by escrow.

    Jeffrey’s Answer

    Depending on the written purchase agreement, buyers can generally sue sellers for breach of contract or for specific performance of that contract if seller refuses to perform. Consult with a real estate lawyer so you can have your contract reviewed and get more specific advice.

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  • If a person is a manager of a LLC can he give management rights to someone else without the agreement of the other members of

    LLC? What papers need to be signed for the manager to give management powers to someone else?

    Jeffrey’s Answer

    It depends what the operating agreement for the LLC says.

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  • I am the Plaintiff in a real estate fraud case which has been going on for almost 5 years & due to the complexity, still has not

    made it to trial. I estimate the time will take approximately 10 days for the trial and the court has postponed the trial three times now because they do not have a court room available for such a complex/lengthy trial. However the statute of limi...

    Jeffrey’s Answer

    I agree with the two prior responses. In addition, consider trying to hire a lawyer on a contingency basis. I attach to my answer a link to an article that can help you evaluate if you have a good contingency case. It's called: "Hire your lawyer on a contingency basis: How to sue the pants off somebody without losing your shirt ."

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  • I'm a real estate agent in CA. Can I form an LLC for my real estate business? I've read a few places that brokers cannot.

    I primarily sell residential real estate and work under a large nation-wide brokerage.

    Jeffrey’s Answer

    If you're asking if you can use an LLC to do your real estate agent business, no. Under CA law, any business that requires a state license cannot use an LLC to do business. If you want to use an LLC to invest in real estate, yes. There are other entities you can use for your brokerage business, however. Consult an attorney for a more specific analysis based on your facts.

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  • What are my legal options with either easement? What are my options with the Title Co? How to remove people from my land?

    Purchased home w/ 1 acre land last year in Marin County, CA. Title co missed 2 easements on property. Both cover 50% of my land. Both Grant Deeds were created for $1? The 1st is Grant Deed to two people as an exclusive easement for purposes of...

    Jeffrey’s Answer

    These are excellent questions, but you must consult with an experienced lawyer who can review all relevant documents (including any easement agreements, your title policy, the seller's transfer disclosure statement and any other seller disclosure documents, the grant deeds you're referring to and any other documents that may be relevant) to give you a reasoned, fact-based analysis.

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  • Does tenancy in common mean only the other party 's name appears on deed?

    Father died and home is left to sister as tenancy in common. Does that mean only her name appears on deed?

    Jeffrey’s Answer

    No. A TIC usually refers to two or more tenants in common, each of whom typically appear on title. Your facts are a bit odd. If the father had an estate planning attorney draw up his documents, I recommend you speak to that attorney for more assistance. It's unclear what your interest is in this property, and that makes it more difficult to answer your specific question. I suggest you consult a lawyer for more help.

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  • Buying a property in California directly from a seller in Texas - no agents involved

    I am about to buy a property in the Bay Area directly from a seller that resides in Texas. The seller owns the house and rented it out for the last couple of years. I have downloaded an Agreement to Sell/Buy Real Estate in California from the si...

    Jeffrey’s Answer

    As a Bay Area real estate lawyer, I can tell you that, in addition to the sound points made by the other lawyers, if the property is in San Francisco, there is a unique California Association of Realtors form specially drafted to address the unique issues/rules that apply to SF properties. Even if your property is in a Bay Area city other than SF, you should definitely have a lawyer assist. Even if the form is a good one, I have seen many good forms completed incorrectly, setting the parties up for a future dispute.

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  • Plaintiff filed a motion for summary judgment in a civil matter. How often can a defendant ask for an extension to respond to

    a summary judgment? Why would a defendant continuously ask for extension after extension in order not to respond to a summary judgment? How easy is it for a defendant to win a summary judgment? Is it enough to only refute a partial piece of the ...

    Jeffrey’s Answer

    In addition to the two answers posted before mine, perhaps the most important part of your question is what I am reading between the lines. Specifically, it sounds like you're the plaintiff and the defendant's continued attempts to continue the MSJ hearing could indicate a lack of funds to pay legal fees (if defendant is represented by counsel at all) or a concern that defendant will lose at the MSJ hearing. Either way, sometimes the best time to engage in settlement discussions, including a mediation, is when an MSJ hearing is pending since that upcoming MSJ hearing creates a sense of urgency, which is why so many cases typically settle "on the courthouse steps". So, consider taking defendant's actions as a sign that perhaps now would be a great time to try to settle your case.

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  • Can I claim adverse possession if I lived in home for years, but paid mortgage instead of homeowner?

    Hello, I have lived with my boyfriend in their family home for 18 years as a tenants of the in-law. In 2010 his mother passed away and about a month later his sister moved out. They were joint tenants on the deed. So, my boyfriend and I took ov...

    Jeffrey’s Answer

    • Selected as best answer

    Preliminarily, and based only on the facts you provided, it appears the fact that you only made mortgage payments but not taxes (unless taxes were impounded) would not qualify for adverse possession. See more info below.

    The governing statute is California Code of Civil Procedure Section325:

    (a) For the purpose of constituting an adverse possession by a
    person claiming title, not founded upon a written instrument,
    judgment, or decree, land is deemed to have been possessed and
    occupied in the following cases only:
    (1) Where it has been protected by a substantial enclosure.
    (2) Where it has been usually cultivated or improved.
    (b) In no case shall adverse possession be considered established
    under the provision of any section of this code, unless it shall be
    shown that the land has been occupied and claimed for the period of
    five years continuously, and the party or persons, their predecessors
    and grantors, have timely paid all state, county, or municipal taxes
    that have been levied and assessed upon the land for the period of
    five years during which the land has been occupied and claimed.
    Payment of those taxes by the party or persons, their predecessors
    and grantors shall be established by certified records of the county
    tax collector.

    Having said that, every adverse possession analysis depends on a careful fact analysis. I strongly recommend that you consult a real estate lawyer to get that analysis done. It should not take that long and you have alot at stake, so it's worth a few dollars to make sure you get a good legal analysis done.

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