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Orange County Real Estate And Business Law Blog

5 questions to ask before hiring a vendor

Many businesses rely on vendors to achieve their goals. If you find vendor selection challenging, you are not alone. The stakes can be high. There are ways to avoid problem vendors at the outset, however. The following five questions can help you weed out the bad vendors to find the right company for your next project

Using an attorney’s aid to receive your security deposit

If you rented a home, your landlord may have accepted a security deposit upon your move-in. The deposit likely would have covered damage expenses that you may cause during your time of living on his or her residential property. Yet upon the conclusion of your rental agreement, you do not receive your security deposit back.

Both tenants and landlords should work to avoid disputes regarding security deposits. Though your landlord may claim that they rightfully withheld your security deposit, you may take certain steps to retrieve your rightful deposit.

Encryption leads to new legal problems for businesses

Protecting the proprietary information of your company is one of your top priorities as a small business owner. Proprietary information can include almost anything your company wants to keep a secret including contracts and personal information of employees.

Technology is expanding how we use and store proprietary information. Many companies are turning to encryption to protect data they want to keep secret, but it could lead to problems when communicating. Encryption works by creating a key that is only shared by the users of protected information. You must have the key that unlocks the information, or it could be inaccessible or look like a random set of letters and numbers without the proper access.

Beware buyer’s desperation in a tight housing market

Southern California is a fabulous place to live. Warm weather, gorgeous sunsets over the pacific, prestigious corporations and proximity to amusements call people across the nation to move to Orange County. You might also be one of the many prospective buyers looking for a place to call home.

Many of these buyers will not even be able to purchase a property, however, due to the area’s current housing market. The demand for life in Orange County is significantly higher than the number of sellers, which has motivated some buyers to take great risks just to win the bid. Regardless, this does not mean that sellers can forego their legal obligations.

What To Do After Receiving A Breach Of Contract Claim

Getting a demand letter that claims you breached a contract can be jarring. You work hard to keep your business running, to keep moving forward. Now you have to stop and deal with this threat that could jeopardize everything you have built.

What you do after receiving the demand letter for breach of contract can have a big impact on how the case unfolds. Here are some things to consider:

Did Someone "Forget" To Tell You Something About Your New Home?

After what may have been a long and stressful search, you bought a new house. After the excitement wore off and you got settled in, you started to notice something. Perhaps a bit of water where it shouldn't have been. Perhaps an odd, moldy smell. Perhaps a new crack that you swear wasn't there before.

At first, maybe you ignored it or tried to tell yourself it wasn't a big deal. Maybe you had someone come to look at the problem, only to tell you that it will cost a bundle to repair. Maybe you still haven't had someone look at it. Either way, you can't help but wonder why you were not told about the problem. How could the previous owner not have known about it?

Is A Partnership Agreement Necessary?

For many businesses, a partnership is ideal. It allows a group of two or more people to contribute their collective time, effort and expertise to the success of the business, while spreading out the risks between them.

The law does not require partners to formalize their business arrangement with a partnership agreement. In fact, many choose not to, believing at the outset that they will be able to work together effectively, delineate duties appropriately, communicate with each other clearly, not overlook any issues and avoid disagreements on how to operate the business. Unfortunately, many soon realize that they were being a bit too optimistic.

Did The Seller Conceal A Defect In Your New Home?

You searched for the right house. You thought you had found it. You bought it. You moved in, still brimming with excitement.

Eventually, you noticed that something was not quite right. Maybe you tried to look past it at first, but it could not be denied. Something was definitely wrong. You called in experts and discovered the problem. Maybe it was a roof or window leak. Maybe it was a mold infestation. Maybe it was a plumbing, electrical or foundation defect. Whatever the case may be, it is going to be expensive to fix.

You may be angry that the seller did not tell you about the defect. You may wonder if the sell has any responsibility to address the problem. You may be able to take action.

Supreme Court Ruling Protects Real Estate Buyers

Whether you're looking to buy a new home or putting your house on the market hoping to sell, you probably already know that any real estate transaction requires great attention to detail in order to avoid potential complications before your closing day.

It's important to find a real estate agent that you feel you can trust to act in your best interest, who you are comfortable disclosing necessary financial details to and who has a level of experience or knowledge that allows you to rely on them throughout what can be a stressful process. Unfortunately, even with a real estate agent that suits your needs, situations can arise that can make you feel as though your purchase or sale was mishandled, leaving you with a sense of unfairness or worse. 

WHAT A HOMEOWNER CAN DO WHEN A CONTRACTOR FAILS TO COMPLETE THEIR JOB

One situation that many homeowners eventually encounter concerns home construction. Whether it be new homeowners or longtime homeowners, construction can cause serious legal headaches for residents. Many construction deals can be completed with minimal conflict. However, serious tension between contractors and homeowners can arise when a contractor fails to complete a project. When this happens, there are many factors a homeowner should consider to get the job completed.

*AV®, BV®, AV Preeminent® and BV Distinguished® are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell Peer Review Ratings fall into two categories – legal ability and general practice standards.

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