Archived
Can a G.C. force a sub-contractor to perform on an estimate given for a bid, after sub contractor goes out of business?
Kevin's answer
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Answered on June 20, 2014
No. When you give an estimate or a bid for a job, you are just giving them an offer. In order to turn an offer in to a contract they would have...
Archived
Does a person who owes me money and says she sent a check but there was no check in the envelope, still have to pay me?
Kevin's answer
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Answered on June 20, 2014
Yes she has to pay you. A typical scenario that i have seen is where people would actually send the check but not sign it. A check is no good...
Archived
With a private student loan, who is required to hold the promissory note, lender or servicer?
Kevin's answer
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Answered on June 20, 2014
It doesn't matter which one holds the note as the servicer is acting as an agent for the beneficiary. Just like an attorney holding money in trust...
Selected as the best answer
What is the law regarding similar business names?
Kevin's answer
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Answered on June 20, 2014
Unfortunately, there is no easy answer. Like many issues in the law, it is based on a factual analysis.
The basic test is a likelihood of...
Archived
Is lease addendum valid if presented 3 mos after move in and presented as blank forms with no LL signature or other completion?
Kevin's answer
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Answered on June 19, 2014
That sounds very strange. Many questions arise from this and it really would be necessary to read the lease to provide any real guidance. It does...
Archived
How to spin out a new company from an old company?
Kevin's answer
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Answered on June 19, 2014
My colleagues have given really good advice.
What I would like to add to the mix is that it really does depend on 1) the dollar value of the...
Archived
What is the statute of limitations to bring a wrongful foreclosure action in California?
Kevin's answer
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Answered on June 19, 2014
Your going to need to meet with a local attorney as soon as possible to find out which legal theories might be available. Each different theory...
Archived
Can i sue for persistent annoying collections calls?
Kevin's answer
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Answered on June 19, 2014
The practice area listed was banking and this question is better suited for "debt collection" attorneys. I am going to change the practice area to...
Archived
What manifests transfer from investment property to primary residence? Bought condo thru 1031 exchange, both me&my son on title
Kevin's answer
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Answered on June 19, 2014
I can only provide a very limited amount of help on one area. It is common for investors to convert rental properties to a primary residence for...
Archived
If a cell phone ticket received while driving was not paid and goes to collections, will it also affect my driver's license?
Kevin's answer
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Answered on June 19, 2014
I don't know. This question is better suited for criminal defense attorneys because they deal with this everyday. I am going to change the...
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