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Evelyn Susan Ginossi

Evelyn Ginossi’s Answers

104 total


  • Working on a commercial real estate transaction out of california. Is it mandatory to have a non-disclosure agreement notarized?

    Working with a hotel broker and commercial broker. The hotel broker wants to know why he needs NDA notarized. I just want to ensure if it has to be notarized it is, but if not, we will work to resolve it between the parties.

    Evelyn’s Answer

    I agree with my colleagues. In my experience working in deals across the country, I've never encountered an NDA having to be notarized. Having a document notarized serves to verify the identity of the party signing the document. Perhaps you can work it out if there is an underlying issue of trust between the parties. If not, getting an NDA notarized should not be a deal breaker.

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  • How does the Foreign Residency Program work?

    My realtor informed us that if you invest a certain amount in real estate here in the U.S., one would be able to get a green card.

    Evelyn’s Answer

    I agree with my colleague. A passive investment in residential real estate (i.e., buying a house) is not enough to qualify you for a green card in the US. Consult with an immigration attorney regarding your options.

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  • Can a tenant use my rental house to run board and care without my knowledge ? Am I liable for anything ? rental ins will cover ?

    I indicated in the lease addendum that this property can't be use for any kind of business ( she still does anyway ). I knew that because she is living in different house and run boarding care business at my rental house. does she need my permissi...

    Evelyn’s Answer

    I agree with my colleague. First you should have a local real estate attorney review the lease and facts with you. If she is in violation of the terms of the rental agreement, then your attorney should be able to guide you in undertaking the necessary action, which may be an eviction.

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  • Do I need a real estate lawyer to change the ownership to my name on the property's title?

    Coming out of college, my credit was not too good so I asked my cousin to help in purchasing a house for me. I saved enough money and was gifted some money from family for the down payment for the purchase. Since the close of escrow, I have been ...

    Evelyn’s Answer

    I agree with my colleagues. This could get messy for you and your cousin. It would be wise to seek the advice of a local real estate attorney in this matter.

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  • As the buyer, can I can cancel a real estate contract in the first 17 days for any reason in California?

    I am in a contract to purchase a home in CA and want to back out of the contract-it's day 16 of the agreement as of today. Can I back out? Can I keep my earnest money if I back out now? Can I back out for any reason, or do only specific reasons...

    Evelyn’s Answer

    First, I would advise that you have either your agent or a real estate attorney to review the fully executed purchase agreement. Generally speaking, if you are working with an agent to purchase the property, he/she MAY have built contingencies into the purchase agreement, possibly giving you the right to back out of the deal and save your earnest money. The contingencies may be related to the inspections or your ability to obtain a loan, but are deal-specific, which is why you need someone to review the contract if you are unsure. You will need to speak with you agent about this asap before any existing contingency periods run out, so that you can exercise your rights in a timely manner.

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  • EXAMPLE: LLC private company in TX, why would I want/need/care to set up a FOREIGN LIMITED PARTNERSHIP in another state?

    is it in any way to hide assets and income?

    Evelyn’s Answer

    If you are based in California and are setting up a foreign company, in MOST instances, you will still be required to qualify the company to do business in California and pay California state taxes.

    As my colleagues note, there are many reasons to set up an entity outside of California (if you're a CA resident), but to avoid California taxes is definitely not one of them.

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  • What forms do we file for damages against a real estate agent, also the broker of record, who gave no disclosures to buyer?

    What court do we file for damages against a real estate agent and broker of record for seller and did not provide buyer with any mandatory disclosures nor did she disclose the death of the previous owner in the home just three months prior. Deceda...

    Evelyn’s Answer

    I agree with my colleagues. You will definitely want to speak with/retain a real estate attorney specializing in litigation. You may miss something critical to your case by undertaking this on your own.

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  • Do i need a real estate attorney?

    A creditor put a lien on my house under my wife's SS#, do they have a right to take "100%" of her Unemployment insurance payments? Also, In the past they have cleaned out our bank account, is that legal?

    Evelyn’s Answer

    Yes, you should definitely speak with an attorney specializing in collections so that they can do a complete review and assessment of your situation. An attorney may also be able to negotiate on your behalf with creditors.

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  • My business is a Ccorp.(newly formed). For the sake of the commercial lease, would it be better to sign under my personal name

    only (without the inc) to remove conflicting provisions between the lease and personal guaranty. In the lease, I have the termination clause,where the tenant (which is me) has the right to terminate the lease in the event that I get disabled or di...

    Evelyn’s Answer

    I agree with my colleagues. You should engage a qualified attorney to do a review of the lease and proposed personal guaranty. In addition to advising you on the matters, the attorney may be able to outline other provisions which may be problematic in the future and may also be able to negotiate terms on your behalf . If you have never entered a commercial lease before, having a review and consultation with an attorney is essential.

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  • CA1's past corporate interests include the Member of xyz compny?

    CA1's past corporate interests include the Member of xyz compny? what is thats mean?

    Evelyn’s Answer

    Sorry, there is no way to answer this question without clarification.

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