How To Use This Section Of Our Website

by Robert Levy on January 23, 2013

If you have a question about Business Law or Real Estate, I just might have the answer right here on this site.

There are three ways to find the answer you’re looking for.

One, type your question in the search box located down and to the right.  Type your question and then click search.  Every question & answer I have on this site related to your question will then be shown for your review.

Two, review the categories shown down and to the right.

And three, if you have a legal issue related to Business Law or Real Estate Law, and wish to discuss in greater detail, call me at (510) 465-0025.

ENFORCING ORAL CONTRACTS IN CALIFORNIA

by Robert Levy on September 10, 2014

While businesses and consumers do often enter contractual agreements by written contract, it is not uncommon to enter certain contracts using a verbal agreement or oral contract. This is particularly common between two parties that have done business together in the past, where mutual trust has developed. Unfortunately, disputes do arise. However, just because an agreement or contract is verbal and not in writing, does not mean that it is unenforceable. Having said that, enforcing oral agreements can at times be tricky.

For example, in California, the statute of limitations, the deadline by which a lawsuit would have to be filed in order to enforce an agreement, is shorter with oral agreements than with written contracts.

A common dispute that arises in an oral agreement is a dispute relating to what the parties agreed to (i.e., what are the terms of the agreement). In California, if there is a dispute relating to the terms of an oral contract, the court might look to the parties’ own conduct in performing the agreement prior to the dispute developing. Additionally, if the parties have done similar transactions in the past, the court may also look to the parties’ prior “course of dealings” to assist the court in interpreting what the parties agreed to when they entered the disputed oral agreement.

Oral agreements can be commonplace in business. There are a lot of differences between oral agreements and written contracts, and their enforcement, including the shorter statute of limitations. It is important that if a dispute arises relating to an oral agreement, that you act quickly to enforce the oral contract. If that is your situation, it is important that you promptly consult with a contract attorney to determine what steps you need to take to enforce the oral contract, and in the construction setting, there may be additional courses of actions available to you in enforcing the oral agreement, in addition to the filing of a lawsuit to enforce the agreement. Therefore, it is recommended that once a dispute arises, that you immediately consult with a capable contract attorney.

I regularly represent clients in the East Bay, in Oakland, California, and in Walnut Creek, California, in contract disputes. If you have questions, or need representation by a California business or contract attorney involving a dispute regarding an oral agreement or a written contract, please feel free to contact me to discuss your case or to arrange for a consultation. I can be reached at (510) 465-0025 or (925) 708-3306.

DEALING WITH REAL ESTATE CONTRACT DISPUTES IN CALIFORNIA

September 5, 2014

When entering a real estate sales transaction, the parties to the sale enter a contract for the sale of the real estate. In California, real estate sales contracts are typically entered on “form” contracts. In the residential setting, the California Association of Realtors (“CAR”) form is most commonly utilized. In the commercial setting, an AIR […]

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REMOVING, RELEASING OR EXPUNGING MECHANIC’S LIENS IN CALIFORNIA

August 28, 2014

A mechanic’s lien is a lien that contractors, sub-contractors, laborers, material suppliers, and design professionals may record against real estate as a first step in enforcing the property owner’s obligation to pay for those services or materials. In California, once a mechanic’s lien is recorded against the property, the lienor can then commence a legal […]

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QUIET TITLE ACTIONS IN CALIFORNIA

August 15, 2014

In California, a Quiet Title Action is typically used as an action by an owner of real property to confirm their title to the property, and at times, to refute another person’s claims to title to or liens against the property. Typically you see quiet title actions when one party wants to confirm their title […]

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HOW DO I EXPUNGE A LIS PENDENS- GET A LIS PENDENS REMOVED FROM TITLE ON MY PROPERTY?

July 28, 2014

In California a lis pendens is created when a Plaintiff in a lawsuit records a Notice of Pendency of Action against a Defendant’s real property. The recording of the lis pendens causes a lien to be placed against the property and generally prevents the owner of the property from selling or encumbering (borrowing against) the […]

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RESOLVING PARTITION ACTIONS AND AVOIDING PARTITION ACTIONS

July 18, 2014

As I have discussed in the prior article Partition Actions, a partition action is a lawsuit filed by one owner of real estate against a co-owner in the same piece of real estate to force the sale of the property or a potion of the property. In California it is a rare instance when a […]

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ADR (ALTERNATIVE DISPUTE RESOLUTION) AND MEDIATION

June 11, 2014

Back in the day when my father practiced law, which was quite some time ago, if a dispute between parties escalated to the point of a lawsuit, most cases proceeded to trial (a lot quicker than they do now), and the case was resolved by the court after making a decision at the conclusion of […]

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MEDIATING REAL ESTATE CONTRACT DISPUTES

May 30, 2014

Disputes come up involving real estate contracts all the time. Some examples would include a seller’s refusal to sell the property; a seller’s failure to disclose defects regarding the property; claims for damages, to name a few. In California real estate sales contracts, there is typically a duty to first try to resolve the dispute […]

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AGREEMENTS BETWEEN ADJOINING PROPERTY OWNERS

May 22, 2014

It is not uncommon for two neighbors with adjoining properties to enter an informal or formal agreement regarding the right of one of the neighbors to use the other’s property, and in some instances the rights are mutual or reciprocal. Some examples include when a property owner lets their neighbor extend their garden or landscaping […]

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ENCROACHMENTS IN CALIFORNIA

May 19, 2014

In California, an encroachment is typically considered to be a building or other structure beyond the boundaries of land on which it was rightfully constructed, onto adjoining land, without the permission or consent of the adjoining landowner. Simply stated a typical encroachment exists when your neighbor builds an improvement on their property which goes over […]

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