20Oct 2021 by Pat Geddie
Can You Enforce a Verbal Agreement?

Can You Enforce a Verbal Agreement?

Business Disputes
You might know that contracts are always best in writing, but there may come a time that you enter into an agreement with another party without memorializing it in writing. Later, the other party might try to get out of their obligations, claiming that your discussion did not constitute an enforceable contract. Can you enforce the agreement and seek relief if the other party fails to perform? In many cases, the answer is yes. While some contracts must be in writing under the law, verbal agreements are enforceable in certain circumstances, as long as the agreement meets the elements of a contract. Put simply, there must be an offer, acceptance, and consideration for a valid contract.  Some instances when you need a written contract to enforce it include: The contract…
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20Oct 2021 by Pat Geddie
Possible Title Defects or Issues

Possible Title Defects or Issues

Real Estate Litigation
When you buy property, you obtain title to the property. If the title has any defects or issues, it can lead to unexpected costs or disruptions with your property ownership. You always want to have an Encino real estate attorney conduct a thorough title search before closing on a real estate transaction. Some common title issues that will need to be addressed before you close on a property purchase. Liens - If the seller has judgments against them, a creditor might have placed a lien on the property. This means the debt has to be paid before the lien can be cleared. Even if this is not your debt, the lien can transfer with title if you do not require the seller to take care of the lien before closing.…
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18Sep 2021 by Pat Geddie
What is Self-Help Eviction in California?

What is Self-Help Eviction in California?

Landlord/Tenant
California has strict laws regarding the landlord/tenant relationship, and both tenants and landlords should understand their rights, responsibilities, and restrictions. One restriction that landlords have is that they cannot engage in self-help evictions. Even when a tenant is in serious violation of the lease agreement, a landlord cannot: Turn off the utilities to the property, such as electricity, heat, or waterHave the locks changed so the tenant cannot enter their unitRemove the furniture or belongings of the tenantTake off the front door of the unit so that tenant has no privacy All of these are versions of self-help evictions, which are evictions that do not use the proper unlawful detainer procedures required by the law. What can a tenant do if a landlord engages in self-help eviction tactics? A tenant…
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18Sep 2021 by Pat Geddie
Possible Remedies for Breach of Contract Claims

Possible Remedies for Breach of Contract Claims

Business Disputes
If someone fails to fulfill their obligations under a contract, it can be costly for your company. For example, if a supplier fails to make a delivery or only makes a partial delivery, it can put you in a bind, as you cannot fulfill your orders without the right supplies. You might need to purchase more expensive or lesser-quality supplies as a result. If you bring a breach of contract claim, what are the legal remedies you might seek and receive? Damages - You can seek compensatory damages from the breaching party for any losses your business incurred as a result of their failure to abide by the agreement. These can include expectation damages (the difference between the agreed-upon price and the price you had to pay for replacements) or…
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18Aug 2021 by Pat Geddie
Proving Construction Defects

Proving Construction Defects

Construction Dispute
After moving into a newly constructed home or condo, you might have a feeling that something is not quite right. Sometimes, defects with your construction can be quickly obvious, such as large cracks forming in walls, floor slabs, or foundations, though many construction defects can take a few years to discover. They might start as a tiny hairline in a wall, but then the crack extends and widens over time, which can be a sign the building was not properly constructed. Noticing something wrong and proving that it is the construction company’s fault are different things, however. So, how do you prove that you have a construction defect? Evidence in Construction Defect Cases Many new homes are part of a larger community and new construction plan. Sometimes, you are not…
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15Aug 2021 by Pat Geddie
Will Your Partnership Dispute Go to Court?

Will Your Partnership Dispute Go to Court?

Business Disputes
When partners run a company together, it is expected they will disagree at some point. Sometimes, they only need to have a discussion to resolve the conflict. Other partners seek out the opinions of others, which can help them decide which way to go. However, if partners cannot agree on a solution to the dispute, it might be time to consult with an Encino business litigation lawyer. When you think about hiring a lawyer, you might think that your dispute is headed straight to court, but this is not always the case. Not even close. Instead, a business attorney will have the tools to help resolve the matter out of court whenever possible. This can include: Overseeing negotiations between the partners and providing advice from a legal perspective.Representing one or…
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19Jun 2021 by Pat Geddie
Common Lease Violations that Might Lead to Eviction

Common Lease Violations that Might Lead to Eviction

Landlord/Tenant
Once you sign a lease with a new residential tenant, you likely hope that since they agreed to all of the lease terms, they will comply with the terms for the duration of the lease. Unfortunately, most landlords know that lease violations are all too common, and some of them present the need to seek an eviction. The following are some common lease violations that might lead to the eviction of your tenants. To discuss your specific situation, reach out to an Encino landlord/tenant lawyer. Unpaid Rent When your tenant is behind on rent, you might be able to work out an arrangement for them to catch up. Sometimes, though, a tenant will fall too far behind or will not comply with a payment arrangement. In this situation, an eviction…
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19Jun 2021 by Pat Geddie
Who Cannot be Party to a Contract and When Does it Matter?

Who Cannot be Party to a Contract and When Does it Matter?

Business Disputes
Contracts must meet certain requirements to be valid in California. Often, contracts are not examined for validity unless a dispute arises and one party takes legal action. Then, a party might allege that the contract is invalid because they could not legally enter into the agreement. If a contract is deemed invalid, it can cause serious losses to the other party. On the other hand, if someone signs a contract who is not able to do so, they need protection from liability and contractual obligations. Always speak with an Encino business litigation attorney about any contract disputes. Ineligible Parties There are different parties who the law considers to be ineligible to contract with other parties. These include: Minors under age 18 - With a few exceptions, minors cannot sign contracts…
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19Jun 2021 by Pat Geddie
How Easements Cause Disputes Between Neighbors

How Easements Cause Disputes Between Neighbors

Real Estate Litigation
Easements often exist between property owners for a variety of reasons. An easement can grant one neighbor the right to use a designated part of the other neighbor’s property in a limited scope. For example, one person might have a driveway, and the easement allows the neighbor to use that driveway to access the back of their property. Sometimes, easements are honored and accepted without issue. In other situations, one or both parties might cause problems that lead to an easement dispute. If you are facing a conflict with a neighbor over an easement, speak with an Encino real estate litigation lawyer right away. Common Reasons for Disputes There are different problems that can arise with easements, such as: The owner of the dominant estate (the land that is used…
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12May 2021 by Pat Geddie
Common Real Estate Broker Conflicts

Common Real Estate Broker Conflicts

Real Estate Litigation
Real estate brokers can be sued when they violate their obligations. Conflicts of interest are a breach of fiduciary duty, and they can be grounds for a lawsuit. Here are three examples of common real estate broker conflicts. Direct Buyer Preference If you are selling a home, your listing agent could earn double the commission if they represent the buyer too. However, they may recommend their own buyer who has presented an inferior offer. This costs you money while padding their own pockets. You may find yourself accepting less money or stuck with a buyer whose financing falls through. Recommending a Lower Offer Your real estate agent is paid on commission. They do not get their check until your deal closes. The faster the transaction closes, the quicker they get…
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