Seller wants to back out of CA real estate transaction after Buyers failed to perform. Can Buyer's sue for specific performance?
Bradford's answer
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Answered on February 25, 2014
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...
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3 day notice to pay or Quit contents are incorrect or left black. File Demurrer? Or motion to quash?
Bradford's answer
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Answered on December 24, 2013
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...
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Eminent domain and bank right to charge interests
Bradford's answer
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Answered on August 30, 2013
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...
Archived
How do I go about receiving just compensation for Eminent Domain.
Bradford's answer
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Answered on May 09, 2012
Determining whether any property was taken will likely require a surveyor. If the agency did acquire the property without ever filing a lawsuit or...
Archived
Will I have trouble claiming severance damage on tax form in eminent domain case?
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Answered on May 09, 2012
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,...
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How does one best determine a consensus of fair market value from three separate appraisals (eminent domain)?
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Answered on January 08, 2012
It depends on what accounts for the differences in fair market value determinations in the appraisals. Are they using different comparable sales? ...
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What is a fair way to determine the value of an agricultural property to split an estate
Bradford's answer
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Answered on August 13, 2011
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...
Signed lease, no deposit etc paid, no 'consideration'? Is our agreement valid?
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Answered on July 08, 2011
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...
Archived
We were given a 3-day Pay or Quit notice that has many flaws
Bradford's answer
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Answered on July 08, 2011
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...
Archived
Do we go by what is written in the lease or what was mentioned in passing?
Bradford's answer
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Answered on July 02, 2011
Typically the written lease will control, and statements made before entering the lease are not enforceable if they contradict the written...
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