Gregory James Glaser’s Answers

Gregory James Glaser

Copperopolis Real Estate Attorney.

Contributor Level 12
  1. Should I use grant deed or quitclaim deed in order to convey my property into a revocable living trust?

    Answered about 3 years ago.

    1. Gregory James Glaser
    2. Paul Gerard Minoletti
    3. Frank Wei-Hong Chen
    4. Hovhannes John Khoukaz
    5. David L. Carrier
    5 lawyer answers

    When transferring real property into a revocable living trust, the best practice is to use a template with this title, "grant deed (trust transfer)". If you are unfamiliar with how to complete this deed (and the PCOR you'll use when recording it with your local county), I suggest hiring a local attorney to assist you. Note: quitclaim deeds are fine proof that a person owns property. The general reason quitclaim deeds are not used more frequently in real property transfers is due to the...

    Selected as best answer

  2. If there is a spelling mistake or word missing in my contract, does it become invalid?

    Answered about 3 years ago.

    1. Gregory James Glaser
    2. Shawn Regis Jackson
    3. Susan Carol Keenberg
    4. Kevin Samuel Sullivan
    4 lawyer answers

    No, I wouldn't say you have a problem at all. When there is a typo in the contract and it is big enough (unlikely here) to cause a dispute: (a) courts are supposed [to] interpret the clause [to] allow the intended meaning of the contract, (b) the other party is entitled to rely on the objective meaning of the words and phrases, but when the objective meaning involves grammatical error, then the court will objectively interpret the clause without the error/typo. Indeed, correction of typos...

    Selected as best answer

  3. Is an illegal time plus materials. Residential contract. Cause for disgorment?

    Answered about 3 years ago.

    1. Gregory James Glaser
    2. Frank Wei-Hong Chen
    3. Pamela Koslyn
    3 lawyer answers

    Was there a schedule of work, list of materials, and a fee cap together with a fee estimate? Have you rescinded the contract under Caifornia Civil § 1689(b)(5), and restored the consideration provided to you under California Civil § 1691? Is it even realistic to do so? Was the agreement completed? These are preliminary questions that should be considered before determining whether the agreement was 'illegal.' Disgorgement would generally be an extreme and unlikely remedy. It...

    Selected as best answer

  4. California rent to own

    Answered about 3 years ago.

    1. Gregory James Glaser
    2. Frank Wei-Hong Chen
    2 lawyer answers

    If the price is right, a 'rent to own' option can be the best way to secure the right to buy from a willing property owner, and still keep your 'options' open. One way to look at the situation is that you are paying the owner a premium rent for the option to purchase if you choose. The risk that the owner could back out of the sale is offset by the rule of "specific performance" that empowers courts to force a property sale after the buyer meets his obligations. To make sure that your...

    Selected as best answer

  5. Who is liable for damage the contractor performing the work independently or the GC?

    Answered about 3 years ago.

    1. Gregory James Glaser
    2. Frank Wei-Hong Chen
    2 lawyer answers

    You are responsible for your own work, but not the work of others whom you did not supervise and did not agree to supervise. Did you perform drawings/calculations used to obtain the permit? Were you paid to assess the scope of work or materials? If you did no work that is specifically the subject of the property owner's complaint, then you are not supposed to be liable. From a legal perspective, this result can be analyzed/deducted as a "duty" issue or a "damages" issue, or through a...

    Selected as best answer

  6. Is it illegal to charge a roommate a non-refundable move-in fee if WE BOTH agreed to it?

    Answered about 3 years ago.

    1. Gregory James Glaser
    2. Keith David Parsons
    2 lawyer answers

    California Civil Code Section 1950.5(m) states that a rental agreement can never state that a security is "nonrefundable." So a court would strike the word 'nonrefundable' from the roommate agreement and deem the fee a security deposit, as courts have found that things like move-in fees, pet deposits, and so forth are forms of security deposits. Where a provision of a contract is illegal, a court will generally strike only the illegal provision and enforce the remainder of the contract,...

    Selected as best answer

  7. If the landlord decides to paint the interior of our home it will be very intrusive.

    Answered about 3 years ago.

    1. Gregory James Glaser
    2. Kevin Samuel Sullivan
    3. Rixon Charles Rafter III
    3 lawyer answers

    Maybe. Is the paint chipping or peeling in large quantities, or is it lead-based? California Civil Code section 1954 specifies that your landlord may enter the unit to make emergency repairs, and also during normal business hours after providing you reasonable (24-hours) advance notice "to make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services..." Beyond that you have a strong right to privacy. So the question is 'what is a...

    1 lawyer agreed with this answer

  8. Can my Settlement Conference Statement refer to a separate Memorandum of Points and Authorities?

    Answered about 3 years ago.

    1. Gregory James Glaser
    1 lawyer answer

    Technically, you can attach an MPA (as an exhibit) to an SCS, but it is not common. For the better approach, see for example rule 7(d)(8) of the Santa Clara County local rules, which invites litigants to prepare a separate "trial brief". http://www.scscourt.org/general_info/rules/pdfs/Complete.pdf It is in the trial brief where you have a fine opportunity to provide legal discussion on legal issues of the case. Where you don't already have a motion in limine or pocket brief on a...

    1 lawyer agreed with this answer

  9. Is drivers license a legal contract?

    Answered about 3 years ago.

    1. Frank Wei-Hong Chen
    2. Gregory James Glaser
    3. Jon Michael Zimmerman
    3 lawyer answers

    I found lots of legal citations to share that may put your citations into perspective. But as I have only limited space to answer here on Avvo, here is something to get you started: See, State v. Skurdal (1988) 235 Mont 291, 767 P2d 304 ("This is obviously a growing school of thought which had been misguided.... The notion of right to travel remains wholly separate from the right or privilege to operate a motor vehicle on the public highways.") Please note that that the court made a point...

    1 person marked this answer as helpful

  10. Aren't my rights being violated?

    Answered about 3 years ago.

    1. Gregory James Glaser
    1 lawyer answer

    Are you in private school or public school? According to the Supreme Court, you have a right to a public education, and a right to independence (to be treated as an adult upon reaching 18), and a right to equal protection of the laws. So the school should not be able to deny you the same rights and privileges it provides parents. I did a quick search and wasn't able to find any specific cases or statutes confirming this analysis though, except to say that sometimes Congress does explicitly...

    1 person marked this answer as helpful