California Contracts Legal Questions

The answer is "yes," you can fight for anything; but there is no assurance of the outcome. In general, when words and figures differ in instruments calling for the payment of money, the words control. However, because of the ambiguity in the agreement, it may be possible for your employer to make the case that the true intention of the parties -- as evidenced by other documents -- is to make the smaller payment.... Read More

I don't understand your concern about being liable on the mortgage or having your credit hurt.  If all you are doing is loaning your friend money, you are not co-signing her mortgage, there is no reason why you should be liable on her debts or that your credit rating should suffer if she doesn't pay them.  As for the loan you make to her, you can secure it by taking a security interest in her assets, including a mortgage on the house.  The paperworlk to perfect those interests may be something you might want an attorney to handle.  However, you should be aware that it is very unlikely that any mortgage lender will loan your friend money unless it is has the first security interest.  In other words, your friend will not get a mortgage unless you agree that any security interest you have will come second to the bank's.  If your friend defaults on her mortgage, the bank will sell your friend's assets to satisfy the mortgage, and there may not be enough left to cover her debt to you.  There is always some risk in lending anyone money.... Read More

It's a very good idea for you to have the contract reviewed by an experienced attorney.   The cost will normally be based on the amount of time it will take to go over the document at the firm's hourly rate.   My Office would be happy to assist you.   Please be in touch for any follow-up.   ... Read More

In order to attach a lien to her property you will need to file a lawsuit and obtain a judgment. Once you obtain a judgment you can start collection proceedings to retrieve funds such as a wage garnsihment, bank levy or a lien on personal or real proerty such as a house. However, in order to do this you would have to file a law suit. Furthermore, if she does file for bankruptcy this debt will be discharged and there is not much you can do unless there was some fraudulent activity when you agreed to the 20k.... Read More

Assuming you own the house jointly (most of the time married people own real property as "tenants by the entirety"), your wife cannot use the home as collateral without your permission.  She can use what is known as her survivorship interest (each of you has what is known as a survivorship interest in the home, which is basically the value of your potential ownership of the home if your spouse dies first; depending on your relative ages and health, it is worth very much less than the value of your home, and it is very unlikely that any bail bondsman would accept your wife's survivorship interest as the only security).  It is far more likely that she forged your name on a security agreement, in which case you would not be liable on it as long as you take prompt action to challenge the agreement, in court if need be.  However, there is a very real possibility that your wife would get into a great deal of trouble, and possibly face criminal prosecution, if her forgery becomes known.  If you know about her forgery, and don't do anything about it, you may be deemed to have ratified the security agreement, and would then be as liable on it as your wife.... Read More

A difference in the rent is not a clerical error. When a property manager acts as an agent for a disclosed principal, the principal is bound by the acts of the agent. You coult try saying that there was obviously no "meeting of the minds" thus no contract, thus you are moving out. There is no absolute guaranty of no litigation.... Read More

One cannot answer you question which (1) has no facts (2) calls for specific legal advice. Ask a Lawyer provides legal analysis on subjects of personal need and potential public interest, but is not a substitute for having an attorney who can interview you in depth and then give you customized advice you can rely on.... Read More

First, you should find a "local" (to you) attorney experienced in forestry agreements. Second, it is impossible to estimate without knowing the length of the contract. One would have to add at least one hours to get the factual background by interviewing you. The costs will depend on the experience and expertise of the lawyer you use and the legal fees customary in your area. Los Angeles lawyer fees are higher than Mendecino County attorneys, for example since our rents and costs of employees is much higher.... Read More

It does not sound as if you signed a contract, so you would not be bound, It is important to know what you actually signed and whether or not you got a down payment. This is not intended to be legal advice., and is general in nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.  i... Read More

Neither notarization nor witnesses were required. Even though the sister knows her brother has passed on, she should be contacted in writing to "remind" her that the payee of the debt is now you, not your deceased husband. If payment is not received on the due date, a lawyers letter and then a lawsuit would be the next steps.... Read More