Archived
What recourse do I have as the buyer of a home where factual errors were made in the appraisal for upgrades done within the home
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Answered on February 02, 2015
Your most viable claim is against the seller and realtor for misrepresentation. Obtain a cost proposal to replace the countertops with granite....
Who pays to correct or abate violation(s) involving a private road with a deeded easement for access?
Sharonrose's answer
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Answered on February 02, 2015
The owners of the easement have a duty to maintain the easement. See CC Section 845 below.
Civil Code Section 845. (a) The owner of any...
Archived
Our board plans to foreclose on a unit in California which is more than $1,800 delinquent and has a 1st and 2nd TD totaling
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Answered on February 02, 2015
Once the redemption period passes, then the HOA will need to formally evict any occupants before leasing the premises. The HOA should review its...
Archived
Who is responsible for rain in a flashflood running down hill that goes on different neighbors property?
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Answered on January 28, 2015
No one would ordinarily be responsible for repairing another person's land due to damage from an Act of God. However, depending on the facts, if...
Archived
Can a tenant in common receive more than 50 % profit if the other owner has moved out and not paid bills for over 2 years?
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Answered on January 26, 2015
Assuming no agreement as to profit sharing and that you both paid 50% of the down payment, a rule of thumb (but not necessarily in every case),...
Retainer paid to architect in CA. No contract given. In the end the project was executed poorly, delayed and unprofessional.
Sharonrose's answer
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Answered on January 26, 2015
The lack of a written contract is a technical violation that can lead to administrative discipline, but your damages result from any errors and...
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Archived
Do we have to merge our 4 tax parcels into 1 legal lot in order to get a use permit? If so, what are the pro's and con's?
Sharonrose's answer
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Answered on January 09, 2015
I encourage you to consult a land use lawyer. Individual parcels may be more valuable or a single parcel may restrict development at some future...
Archived
If my neighbor had a prescriptive right on my property, would that right transfer to new owners when that his property is sold?
Sharonrose's answer
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Answered on January 08, 2015
In my opinion, there is generally no right to a 'prescriptive' easement to maintain a fense as it would fence the fee owner out of their own land...
I'm the contractor and I am considering walking away from a job we are in the middle of. customer un reasonable
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Answered on January 08, 2015
I agree with my colleagues. If the owner agrees to cancel without penalty that would be the best. The fact you want to walk off suggests the owner...
Archived
Need help amending construction contract.
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Answered on January 06, 2015
If the contractor has diverted significant money that you paid him for this project without using it for this project, this may well be a serious...
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