Archived
Realize can't have non compete 4 my employees in CA. But can a restriction on soliciting or taking my customers, employees, etc.
Richard's answer
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Answered on March 23, 2011
I concur generally with the statements above, with a further thought: An agreement not to solicit customers is tantamoununt to a non compete...
Can I seek damages from my neighbors since my fence is falling down due to their improper grading?
Richard's answer
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Answered on March 23, 2011
Under old common law, a neighboring landowner owed an absolute duty to a neighbor for what is called "lateral support". In California, stautes (CC...
Archived
I purchased an investment residential property with a 1st and 2nd (both to purchase the home) with Wells Fargo Bank.
Richard's answer
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Answered on March 23, 2011
Re; tax issues: An investment (rental) property is not covered by the Mortgage Debt Relief Act of 2007. The Act is for resdiential owner occupied...
Archived
Contractor overcharge
Richard's answer
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Answered on March 23, 2011
I concur with the above response. You need to get a copy of the contract and have an attorney review it before you pay this contractor any more...
Archived
Can lender foreclose on the house if you break the lender promisory note?
Richard's answer
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Answered on March 23, 2011
These facts present an interesting "worst-case" scenario: If the lender does not expressly approve of the demolition, and you go ahead and...
Archived
Bankruptcy - Adversary - Real Estate - Plaintiff now claims exact opposite of what was originally claimed - changes whole case
Richard's answer
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Answered on March 23, 2011
Under the facts stated, the plainitff should be stopped - judicial estoppel - from his/her 180' flip/flop on the core facts: Not sign / Did sign. ...
Archived
Purchased a house four months ago, has severe leakage & Termites.
Richard's answer
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Answered on March 22, 2011
I agree with the other attorney's answers above, and would emhasize that the first thing you need, before you consult with an attorney, are 2 or...
Archived
Is it ethical/legal for a real estate broker to pay a collection account on your behalf in order for you to otain a home loan?
Richard's answer
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Answered on March 22, 2011
I don't see a problem with that unless the lender asked for a signed statement from you that the money to pay off the account was not borrowed. ...
Archived
My loan foreclosed non-judicially in California, can the lender still come after me for the remainder of the loan?
Richard's answer
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Answered on March 22, 2011
No. Under California law, the One-Action Rule, and the Anti-Deficiency Statute, by choosing to foreclose out of court, by trustee's sale, the...
Archived
Do I need a real estate attorney or can this matter be handled in small claims?
Richard's answer
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Answered on March 22, 2011
It seems you have a case of mortgage broker fraud. This case should be handled by an attorney. You can probably get an attorney to take this case...
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