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Orange County Real Estate And Business Law Blog

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. 


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.


One of the most difficult situations a homeowner can encounter is when a houseguest has overstayed their welcome. Most homeowners try to avoid that awkward conversation and nine times out of ten, the houseguest will voluntarily leave. However, in those rare cases when a houseguest refuses to leave, a homeowner should be advised of their legal rights and the steps they should take. This is especially true when it comes to evicting family members. Evicting family members seems to be a gray area in real estate law which requires legal expertise. These are five steps to consider if you ever encounter a similar problem:

Remodeling Is On The Rise. Will Construction Defect Claims Follow Suit?

Money spent on home remodeling and repairs is on track to break records. According to an article in the Wall Street Journal, more than $300 billion will be spent in the United States on home remodeling and repairs this year, beating the 2007 record of $285 billion. Unfortunately, with the rise of work also comes the increased risk of construction defects.

7 Steps For Resolving A Partnership Dispute

When a partnership dispute arises, it can be difficult to determine what to do next. You know that you need to take action for the sake of the business, but you also know that the wrong move could make matters worse or prolong a resolution.

Here are 7 steps to take in the event of a partnership dispute:

*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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