The manufactured home once known as a mobile home is a popular dwelling place for many. Builders construct modern manufactured homes according to strict building standards that have evolved nationally since 1976. Unlike conventional "site-built" houses, fabricated models often come with their own warranty forms. Furthermore, 38 states, including California, have rules and regulations regulating manufactured home-building and guarantee systems. In 1958, California itself led the way in the oversight of manufactured home construction.
The Protection and Assistance of California
California does a remarkable job of ensuring the protection by multiple laws and codes of manufactured homeowners. The existence of the Senate Select Committee on Manufactured Home Communities is one unusual feature of manufactured home ownership in California. This is a standing committee which studies the need for legislation and makes recommendations to the Legislature as necessary. The Department of Housing and Community Development is in charge of the California Manufactured Housing Protection and Assistance Program. Which is in charge of enforcing rules and regulations in order to put California's manufactured housing laws and codes into effect. The Department, in particular, had also adopt building standards that are compatible with known and approved standards. As published in the most recent editions of industry codes that are uniform or international.
The Program History of California
The saying "as is the case with California, so is the nation" applies to manufactured homes and to their warranties. Early September 1, 1958, no manufactured home could be marketed or built in California unless it met with state building regulations. In 1976, United States Department of Housing and Urban Development adopted federal regulations for manufactured homes, partly based on the standards of California.
Home Warranties in California
The Golden State has always been regarded as customer friendly and for manufactured home guarantees this is no different. The California Civil Code's Sections 1797 through 1797.7 regulate manufactured home builders and the warranty coverage they must provide. For one, homebuilders, contractors and dealers imported by California have to respect warranties they offer on such homes. At a minimum, home warranties made in California cover "substantial material and workmanship defects" in a variety of home systems.
Warranty Coverage in California
The home warranties provided by Golden State include plumbing, electrical, fire safety, ventilation, heating and structural systems. In addition, all appliances built in or produced by a manufactured home builder, or their contractors or suppliers have protection by the California guarantee rules. Manufactured home warranties in California extend to their customer for one year from the day a home is shipped. You have one year and 10 days from the date of delivery of your manufactured home to inform your manufacturer, in writing, of any defects.
Warranty Complaints in California
If your home made in California has a flaw protected by the State's warranty provisions, report to your dealer or supplier first. The Golden State needs manufactured home builders and their dealers to take appropriate action to fix any defects associated with the warranties. The Mobile home Ombudsman's office in California also helps manufactured homeowners cope with warranty and other issues.
Features of Optional and Extended Warranties
In addition to the mandatory one-year warranty, some manufacturers offer voluntary or extended warranties on modular homes. These warranties may cover individual components, including:
roofing
windows
floors exterior finishes
Terms range from two to ten years. However, the terms of such warranties usually depend on the specific manufacturer. Buyers should study them carefully before signing a contract. For example, failure to comply with the maintenance requirements specified in the manufacturer's instructions may void the warranty. It is important to note that extended warranties are often arranged through third-party insurance companies rather than directly with the builder.
The Role of Inspections and Technical Documentation
Once the modular home has been delivered to the site, a technical inspection is recommended. Although not required by law, such a measure allows for the timely identification of hidden defects. This information can be critical when seeking warranty repairs. More information about inspections can be found on the U.S. Department of Housing and Urban Development (HUD) The buyer must also keep all documents related to the purchase and installation, such as:
contracts
specifications
acceptance certificates
This will facilitate the claims process. Our attorneys are available to advise you at any stage. In addition, we recommend that you read the Federal Trade Commission's recommendations for understanding warranty rights.
Glendale Personal Injury Lawyer
If you or a loved one has been harmed as the result of another's negligence, then you may be entitled to compensation. If that is the case, contact our Glendale personal injury lawyer today for a consultation and case review. A warranty lawsuit is an extremely complex legal process. Please feel free to give our office a call at 310.943.1171. KAASS LAW helps homeowners address warranty issues, fix defective manufactured homes, and navigate California's complex building regulations.
The most terrifying of all the California DUI consequences is probably going to jail. Depending on the circumstances, whether it is your first or fourth DUI conviction, you might spend time in jail. Additionally, state jail term is part of several DUI penalties. You must be aware of your particular sentence and understand how to reduce or prevent it.
Can DUI Result in Imprisonment?
Under the Vehicle Code of California, it is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle. Driving under the influence (DUI) is an offense punishable under California law. Like any offense, DUI also has its manifestations. It may be committed under a variety of circumstances, which can both aggravate and mitigate the gravity of the offense. The content of such circumstances compose of the following factors:
The reasons for the offense;
The degree of intoxication;
The multiplicity of the offense;
The possible or real consequences of the offense;
The time and place of the offense;
Other relevant factors.
When "aggravating circumstances" surround your DUI, your punishment will be enhanced. In addition to the standard DUI sanctions, the enhancement includes additional punishments. The following sentence enhancements are most prevalent in California:
“Miranda rights” or otherwise “Miranda warning” comes from the 1966 U.S. Supreme Court case Miranda vs. Arizona. The judgment of this case was precedential since it set up several procedural requirements that are to be followed by the law-enforcement bodies while arresting and interrogating a suspect. Meanwhile, the procedural safeguards are considered to be the rights vested to the defendant.
What are Miranda rights?
Especially, the Court held that defendant must be warned before any questioning that:
He has the right to remain silent;
Anything he says can be used against him in a court;
He has the right to receive legal aid. That’s to say, to have a lawyer and require his presence while being questioned.
If he cannot afford a lawyer, he shall be provided with one at the expense of state funds if he so desires.
The conjunction of these four procedural safeguards constitutes Miranda rights, which shall be enjoyed by everyone. They apply to all criminal proceedings, including cases comprising offenses of driving under the influence (“DUI”). Not only should the defendant be informed of his/her Miranda rights, but also they are to be fulfilled without hindrance. This means that the mere announcement of Miranda rights by law-enforcement bodies does not suffice. The defendant shall enjoy the consequences of Miranda rights. So if the police explain Miranda rights to the suspect, but then start to question him ignoring his refusal to be questioned or his request to call his lawyer, the essence of Miranda rights will be impaired.
What Does It Mean if My Property Title Has a “Cloud?”
If you have a "cloud" on your property title, the property has an outstanding lien or unresolved issue that could lead to its confiscation for payment. Common types of clouds on titles include:
Liens from a mechanic, bank, healthcare, etc.
Easements
Probate issues (Wills)
Boundary disputes
Many of these issues can go unnoticed for years, only coming up during a title search. Given that title searches typically only take place during the buying and selling process, clouds on titles often cause complications for property owners and prospective buyers.
Should I Be Concerned if I Find a Cloud on My Title During the Selling Process?
Generally, yes. People looking to buy are generally weary of purchasing a property with a cloud on the title, given that this can invalidate the owner’s right of ownership over the property. Laws may prevent you from selling the home until the title issue is resolved, depending on the type of cloud.
How Can I Get a Cloud Title Removed From My Property?
Luckily, property owners can often resolve many types of title clouds through a "quiet title action." This is basically when a property owner presents the title to a court, who decide who must resolve the title. The information one would submit includes:
A will is a legal document that outlines where your wealth and property will go upon your passing. This document alone is not sufficient to protect all of your assets, but it is perhaps the most important document in doing so. Without a will, the rules of California interstate succession will govern how all of your assets are distributed. A will is paramount to ensuring that you, and not the government or an attorney, choose where your assets will go.
Unfortunately, having a will alone is usually not preferable since California requires wills to go through probate, a long and complex process many avoid. The way of doing so is to combine the will with another document, known as a living trust.
Create a Living Trust
Creating a trust whilst one is still alive is a common way to get around the dreaded process of probate. In a living trust, the asset owner typically designates themselves as the initial trustee. They manage the assets for the benefit of specified beneficiaries. Upon their death, the agreement of the trust designates who will take over as the trustee and how the assets will be distributed to beneficiaries.
An accessory dwelling unit (ADU) adds living space to a property that:
Can be detached or attached to the property
Is located on the same lot as a property
Contains facilities that allow for adequate living independent of the main property (kitchen, bathroom, bed, etc.)
You can build these units from scratch, but people more commonly convert them from something else, such as a detached garage or a large shed.
Junior ADUs are classified separately from ADUs, as they are not required to have their own bathroom/sanitation facilities, and they also must be less than 500 square feet.
Can I Build an Accessory Dwelling Unit on My Property?
If you own a house, then you can build an ADU on your property if you so choose. Recent legislation prevents your HOA or municipal government from blocking you from building an ADU to increase housing availability. Keep in mind that this only applies to owners of houses, and HOAs can still regulate the construction of ADUs in condominium complexes.
While California homeowners can freely build ADUs, most municipalities subject these dwellings to regulation and have a rigid permit process in order to construct one. To get a permit, submit an application to your local government. It typically requires a site plan and safety precautions.
What Does California law Require a Seller Of a Home to Disclose?
California law requires any seller of a property to give potential buyers an accurate depiction of its condition, as well as disclose all known defects. Any agent or entity that sells a property and knowingly hides a defect to a buyer could find themself in legal trouble. The seller must know about the defect or should have reasonably known about it to disclose it. This creates a grey area where sellers avoid fault for not disclosing defects. For example, a buyer may argue the seller knew about raccoons, while the seller may claim the issue arose post-sale.
What Defects Must be Disclosed?
Given the law's broadness, the seller must disclose countless defects in a real estate transaction. State and federal law outline these defects. Some common defects that must be disclosed include:
Any structural issues
Water and plumbing defects
Pests, such as termites
The presence of mold or dangerous substances
Check your state’s laws to see if your state requires the disclosure of other specific defects. California requires sellers to disclose if a home is in a flood zone. It also mandates realtors to disclose “stigmatized defects,” like a death in the home. This applies even if the defect didn’t affect the property’s condition.
What is the declaration of non-ownership of a vehicle?
Declaration of non-ownership is a legal process by which citizens officially report to state bodies that they do not own a vehicle. At first sight, it may seem rather strange why citizens should seek to have the fact of non-ownership of a vehicle to be asserted. However, it is not an end in itself. It is a useful tool for California residents when they:
Have been ordered to install ignition interlock device (an in-car breathalyzer that prevents a user from starting a vehicle until a breath alcohol test is taken) in case they do not own a vehicle;
Received traffic and (or) parking ticket.
Particularly, the common penalty for the felony as of DUI is an order to install an IID in all vehicles of the defendant. The latter should clearly comply with the court order. Alternatively, he/she can declare non-ownership of a vehicle if there is really no vehicle under his/her ownership due to a variety of reasons (the vehicle is unexpectedly sold or crashed in the accident). Filing such a declaration to the court exempts the convicted person from the obligation to execute the respective order.
Residential property sellers in California must give disclosures under Section 1102 of the California Civil Code. In writing, they describe the property they've listed for sale. Nearly every residential property in California is subject to these mandatory disclosures. Included are standalone residences, high-rise apartment units, and manufactured or mobile homes, among others.
Why is Disclosing Important?
The reason why these disclosures are so important is because potential buyers need to know as much as possible about the property in order to evaluate whether they really want to buy it and if so. This involves determining what a reasonable purchasing price is and whether or not the house need any repairs or upgrades. The disclosure obligations also remind California home sellers that they have a legal responsibility to be open about a property’s condition and can be sued for hiding problems or defects.
When Must Sellers Provide Disclosure Information?
In California, a seller needs to provide these disclosures to a prospective buyer as soon as possible before transfer of title. Although this language is a bit vague, the intent is to get the disclosure to the buyer in a timely fashion. Thus, as a practical matter, this usually happens early in the purchase process. Some sellers, for example, will prepare all disclosures, inspections, and other paperwork before marketing their home. So that serious proposals can be received, everything is in place. A copy of the disclosures may be made by other sellers. If the disclosures reveal any unexpected information regarding the property, the buyer has the opportunity to back out or renegotiate. If a seller fails to make required disclosures to prospective purchasers before the two of them sign the purchase agreement. The buyer can then choose to end the contract. As a result, it's critical for a seller to give these disclosures as quickly as possible to serious potential buyers. So that the chances of a buyer canceling an offer later owing to information in the disclosure are reduced.
Every state has a system for categorizing felonies and misdemeanors, which the state's penal code represents. Class 1 through Class 3, or Class A through Class C, are the most common classifications for misdemeanors. Classes 1 and A, in either case, denote the most serious crimes and carry the harshest penalties.
Loitering to Commit Prostitution – Penal Code §653.22(a)(1)
In California, it is a crime to loiter in a public place for the purpose of engaging in prostitution. This section allows a police officer to arrest someone for intending to solicit or engage in prostitution, even if the person never actually does so. Actions that can result in being under arrest with loitering to commit prostitution include:
a woman who walks back and forth on a street where all business after working hours, and she approaches several vehicles with male drivers for short conversations
a woman wearing revealing clothing sits at a bus stop for several minutes but does not get into the bus when it arrives but waves at passing cars with male drivers
a minor female walks slowly through an area known for prostitution activity and is with other women who have a history of prostitution arrests
Public Intoxication – Penal Code §647(f)
In California, it is a crime to be under the influence from drugs or alcohol, while in a public place, to the point of being unable to care for your safety or that of others. Examples of actions that may result in being charged with public intoxicated include:
after a bartender cuts a person off because they are under the influence, that person grabs a stool and throws it across the bar
There is a causal link between the DUI and an injury;
The driver has one or multiple prior DUI convictions.
Your blood alcohol content was extremely high, at 0.15% or higher.
You declined to submit to a urine, breath, or blood test.
Jail Time
Obviously, if a felony is attributed to the person, he/she will face a stricter penalty as compared with the other ones in the range of penalties envisaged for the particular offense. In this regard, DUI is not an exemption, and it has such harsh penalties as imprisonment in the county jail for a certain period. Almost all DUI offenses may entail a jail sentence in California. Jail time varies upon the nature, frequency, and gravity of the offense. Jail time has its lower and upper limits. According to the Vehicle Code and court practice of California, based on the frequency of the offense jail time for DUIs constitutes as follows:
Frequency
Minimum Jail Time
Maximum Jail Time
1st DUI
48 hours
6 months
2nd DUI (within 10 years)
10 days
Up to 1 year
3rd DUI (within 10 years)
120 days
Up to 1 year
4th (or more) DUI (within 10 years)
180 days
Up to 3 years
The court can credit the convicted with the time he/she served after an arrest. For example, if a driver spent 2 days in jail after a DUI arrest, and further he/she is sentenced to 22 days. His final jail time will be 20 days. Some circumstances can increase the likelihood of applying jail time by the judge while considering the type of penalty. Such circumstances are known as “aggravating circumstances." These include:
Involvement in an accident;
High concentrations of alcohol;
Presence of children in the vehicle;
Reckless driving;
Driving at a high speed;
Using a fake ID;
Resisting arrest.
Alternatives to Jail Time
Due to the overcrowding in California prisons, the courts are more prone to apply other measures of liability as an alternative to jail time. Also, it may happen in cases when the offense is nonviolent or the defendant is a first offender. Possible alternatives for jail time are:
Probation period (set of certain oblations and restrictions of certain rights, including DUI school; no drug or alcohol use; community service, IID installation on all vehicles, etc.);
House arrest;
Work furlough (allowing to continue to work but to go home immediately after the working hours);
inpatient drug/alcohol rehabilitation;
Other
Consult with a California DUI Lawyer
Given the seriousness of DUI penalties, it is important to contact an experienced attorney as soon as possible. A skilled attorney will be able to analyze the details of your case. He or she will be able to identify possible errors in police actions and develop an effective defense strategy. This is especially true if this is your first offense or if there are extenuating circumstances.
Why It is Important to Have a Defense in DUI Cases
Without legal assistance, defendants in DUI cases are often unaware of their rights. Or of possible alternative penalties. For example, an experienced defense attorney can challenge:
the legality of the motor vehicle stop
the results of the breathalyzer
the manner in which the field sobriety test was administered
In addition, an attorney can request that the jail time be converted to alternative measures. Such as:
house arrest
a rehabilitation program
probation with commitment
Contact KAASS LAW
If you have been charged with DUI, do not delay in seeking legal help. Contact KAASS LAW we can help you understand the situation, protect your rights, and minimize the consequences. Call us at (310) 943-1171 for a free consultation.
To obtain Miranda rights, the defendant must gain special status. In Miranda case the court established that the presence of the following two conditions is a must:
The suspect is in custody and (or) in a situation having no freedom to leave at his discretion;
The suspect is under pre-trial interrogation.
As of DUI arrests, the road police are not necessarily required to give Miranda warning before carrying roadside DUI investigation. In case a DUI investigation is accompanied by an arrest and interrogation of a driver, a Miranda warning should be given.
How to exercise Miranda rights?
One does not need to be read a Miranda warning to gain the right to exercise it. In that regard, drivers may be well informed about their rights and responsibilities. At least, they may learn it from action movies. Nevertheless, Miranda rights need to be invoked clearly in order to achieve them. The way of invocation does not matter, someone might say “I want to remain silent”, “I want to call my lawyer”, or “Please, provide a lawyer”.
Waiver of Miranda rights
The police will probably ask you if you understand your rights after reading them to you after the Miranda warning. The police will then give you the option to surrender your rights if you want to cooperate with their investigation. You might have to sign a Miranda waiver in order to give up your rights. Insist on your right to stay silent when the police ask you whether you wish to renounce your rights. You might be able to renounce your Miranda rights without actually signing a waiver by making an implied waiver instead. As long as your statement is voluntary and you have been informed of your Miranda rights, it may be presumed in this situation. The suspect may waive his Miranda rights. The waiver must be clear and affirmative․ It should be accepted in case the police are confident in the following:
The suspect is read a Miranda warning properly;
The suspect understands the rights explained to him;
Having his rights in mind, the suspect still agrees to be questioned;
The suspect understands possible legal consequences the waiver may have.
What can be done when Miranda rights are violated in a DUI case?
In the event Miranda rights are somehow violated, a DUI defense attorney can submit a motion to suppress evidence referring to section 1538.5 of the California Penal Code. If the motion is granted, the evidence obtained in violation of Miranda rights (statements of the defendant) is considered inadmissible in the court proceedings and the judge throws it out of the lists of evidence.
A description of the property that is the subject of the action. This must include both the legal description and the street address or common designation, if any.
The title of the plaintiff as to which a determination of quiet title is sought. If the complaint is based on adverse possession, the complaint must allege the specific facts constituting the adverse possession.
The adverse claims to plaintiff’s title.
The complaint must include the date for the sought determination. If it's different from the filing date, the complaint must explain why that specific date is requested.
A prayer for the determination of plaintiff’s title against the adverse claims.
Possible Consequences of Having an Encumbrance On a Title
Having a cloud on your title can have significant legal and financial consequences. When attempting to sell or mortgage a property, financial institutions and buyers will require proof of "clean" title. If the restriction is not removed, the transaction may be delayed or canceled altogether. In addition, even after purchasing a cloud property, a buyer may face restrictions on the use or possession of the property. If you are trying to:
attract investment
obtain a loan secured by real estate
register a title
the presence of the cloud may make these actions more difficult. Some types of restrictions, such as pending probate cases, may be difficult to resolve. You will need professional legal assistance.
Checking Title History
To prevent such situations, it is important to conduct a thorough title search. This is done before you buy or sell a property. This includes obtaining a title report. This reflects any recorded restrictions and potential risks. Such a report helps to identify problems in advance and take corrective action. In addition, the inspection should be done not only at the time of the sale of the property. But also on a regular basis, especially if you inherit the property. Or became the owner as a result of divorce proceedings. It is also worth remembering that some encumbrances, such as oral agreements on the right of use. may not be recorded in the official records and require separate legal consideration.
Why It is Important to Seek Legal Advice
Timely consultation with an attorney will not only allow you to determine the nature of the encumbrance, but also to develop a strategy for eliminating it. Depending on the situation, this may involve
the filing of a lawsuit to establish rights
the procedure of cancelling an unlawful record
appeal to the court in inheritance matters
resolving a dispute with neighbors
Regardless of the nature of the problem, a qualified attorney will help reduce the risks and protect your interests. KAASS LAW offers professional legal assistance. Our attorneys can help:
determine the cause of the problem
represent your interests in court
provide a "clean" registration of rights to real estate
Contact us for a qualified consultation.
Glendale Real Estate Attorney
Be aware that a quiet title action is different than removing a cloud title, which may be necessary to completely void the record of the cloud on your title depending on the type of cloud it is. Consult a real estate attorney to determine if a quiet title action can resolve your title issue or if cancellation is necessary. We invite you to contact our Glendale real estate attorney today at (310) 943-1171 for a free consultation. We can assist with resolving clouds on your property title through effective legal strategies.
In addition to avoiding probate, most living trusts allow the owner to change or revoke the trust while alive. This means the owner retains control over the property until death.
Gain Power of Attorney
Power of attorney grants another individual (typically an attorney) with the power to make financial decisions regarding your assets on your behalf. People often choose a "durable" power of attorney, allowing their representative to make decisions even after they pass away.
There are several reasons why seeking power of attorney is preferable. The first is that it is always a good idea in general to get legal help from an individual who has a thorough understanding of the laws regarding wills and trusts. If you can't make decisions or pass away, having someone knowledgeable in law manage complex asset decisions is crucial.
Gain Healthcare Power of Attorney
Healthcare power of attorney grants someone the authority to make medical decisions on your behalf if you're unable to. Many choose to gain healthcare power of attorney in case they have a terminal illness or find themselves in a state in which they cannot adequately make decisions regarding their own health. It helps people ensure preferred treatment during life and protects their physical body, including organs, after death. KAASS LAW guides you through creating a will, living trust, and obtaining power of attorney.
Consider Beneficiary Designations
In addition to a will, it is important to designate beneficiaries for all possible assets. Specifically, such as:
retirement accounts
insurance policies
bank deposits
This will prevent these assets from going through probate. It also greatly speeds up the probate process. For example, if you have an IRA, you can designate a specific beneficiary to receive the funds directly. The same is true for life insurance policies. Designating the beneficiary in advance eliminates the need for court intervention. It also ensures that the funds are transferred in a timely manner.
Protect Your Assets with Joint Tenancy with Right of Survivorship
Joint tenancy with right of survivorship is an effective way to pass assets without a will. If one owner dies, the interest automatically passes to the surviving owner. However, this tactic requires care. For example, transferring an interest in real estate to another person may have tax implications. You should consult an attorney before formalizing joint ownership.
Use POD and TOD
Another easy way to transfer assets is through designated death accounts. Tools such as POD accounts and TOD shares allow assets to be automatically transferred to a designated person. Without going through the courts. They are especially useful for:
bank deposits
investment accounts
vehicles
However, it is important to check regularly that these guidelines are up to date. Especially if there is a change in marital status.
Protect digital assets
Modern estate planning should include digital assets. These may include access to:
online banking
social media accounts
cryptocurrencies
cloud storage
Without proper documentation, access to these assets can be lost forever. That's why experts recommend creating a separate digital trust. Or add instructions for transferring access to a basic will or power of attorney. Adding information about logins, passwords and intended use is the most critical step.
Conclusion
Complete protection of assets after death requires a comprehensive approach. In addition to a will and trust, it is important to consider:
estate structure
beneficiary designations
digital assets
medical records
KAASS LAW attorneys provides professional legal assistance. We help clients ensure full compliance with the law and accurate implementation of their wills.
Once I Build an ADU, What Regulations Is it Subject to?
Renting out your ADU is legal in California for long-term rentals, but for short-term rentals of less than 30 days (Airbnb), many HOAs will strictly prohibit them. All rental restrictions that would apply to the main property will also apply to an ADU.
A local government or HOA may limit the maximum size of an ADU. But may not make this maximum less than 850 square feet, or less than 1,000 square feet for those with more than 1 bedroom. They must also allow the maximum height to be up to 16 feet at least. KAASS LAW helps navigate local regulations, obtain ADU permits, and resolve legal issues with HOAs or municipalities to ensure compliance.
Aspects of Building and Using ADU in California
In recent years, accessory dwelling units (ADU) have become a popular solution in California for:
expand living space
create rentable space
provide independent living for family members
However, it is important to consider a number of legal and practical nuances when constructing and operating an ADU.
Zoning and Permits
California law gives homeowners the right to build ADU. However, local governments retain the authority to regulate the process. For example, you must comply with:
building codes
fire safety requirements
plumbing standards
Obtaining a permit requires the submission of a detailed site plan. This includes:
the location of the building
utility connections
compliance with access standards
Some counties require notification of neighbors or an environmental impact statement. In addition, ADU may not be allowed in certain seismically active areas. Or in protected historic districts. Therefore, it is important to consult with a real estate attorney before beginning construction.
Restrictions on the Use of ADU
Although ADU can be rented, there are strict rules. Rentals of less than 30 days are often prohibited. This is especially true in neighborhoods regulated by HOA, which may prohibit short-term rentals altogether. In addition, owners are required to register ADU with local authorities and comply with regulations. Sometimes it is required that the owner live on the property where the ADU is located. Especially in the case of a rental. This requirement helps maintain order and reduces complaints from neighbors. For more information on rental regulations, visit the California Department of Housing and Community Development (HCD) website.
Other Legal Issues
It is also worth considering that ADU construction must comply with:
insurance regulations
utility connection requirements
energy efficiency standards
For example, some municipalities require the installation of solar panels or energy-efficient windows.
Consider Tax and Financial Implications
Adding an ADU increases the overall value of a property. This may result in higher property taxes after reassessment. In addition, rental income from the ADU is taxable. It must be reported on your tax return. Failure to comply may result in fines. However, many see ADU as a way to increase a home's market value and create a source of ongoing income. Therefore, it is important to evaluate the potential costs and benefits in advance. At KAASS LAW we assist clients in drafting lease agreements. We assist in obtaining permits and resolving disputes with local governments or HOA.
What Can I do If a Seller Didn’t Disclose a Home Defect?
Situations where sellers withhold information about problems with a property are not uncommon. However, if you purchased a home and later discovered undisclosed defects in the property, you have a right to defense and compensation. Step 1 - Gather evidence. The first step is to document the existence of the defect. This could be:
an independent inspector's report
photographs
witness statements
correspondence with the seller
If you have evidence that the seller knew about the problem but intentionally hid it, your chances of a successful refund increase. Step 2 - Contact the seller. The first step is to send a written complaint to the seller. The letter should describe the defect and any damages. Sometimes sellers agree to settle disputes voluntarily. This is done to avoid litigation.
Contact KAASS LAW
If the seller refuses to admit fault, contact KAASS LAW. We can help you:
assess the seller's legal liability
calculate damages
prepare a claim in court
protect your interests in negotiations or in court.
What Damages Can You Recover?
If the court finds that the seller breached the duty of disclosure, you can recover:
compensation for the cost of remedying the defect
consequential damages
rescission of the transaction
In cases of intentional deception, the court may award punitive damages. For details on such claims, see California Civil Code Section 1102.
The Specifics of California law
It's important to realize that hidden property defects involve more than just physical problems. They can also involve psychological factors. For example, the seller must disclose if there has been a death in the home within the last 3 years. Even if the home is technically in good condition. You can learn more about this in California Civil Code 1710.2.
Time Limits for Filing a Lawsuit: When do I Need to Act?
Remember that your right to file a lawsuit has a time limit. In California, different time limits apply depending on the type of defect. For example:
For latent defects. The time limit is 4 years from the date of discovery.
For fraud. There is a separate time limit of 3 years from the time you became aware of the breach.
In any case, the earlier you seek legal help, the greater the chance of a quick resolution of the case.
What If the Seller Was Not the Owner?
Sometimes a property is sold by someone other than the owner. If this is the case, it is important to find out if the person who sold the property was aware of any hidden defects. California law requires all parties to the sale to disclose material information about the condition of the property. Failure to do so can result in civil liability.
When Is a Collective Claim Possible?
In cases of new home purchases in condominiums or cottage communities, buyers are faced with the same defects. In these situations, it is possible to file a class-action lawsuit against the builder or seller. You can learn more about this mechanism on the California Courts
Seek Legal Advice
If you suspect that the seller has hidden defects from you, do not delay. KAASS LAW will help you:
assess the situation
calculate potential damages
file a claim within the law
Call us today at (310) 943-1171 for a free consultation.
In another case, people may receive traffic and (or) parking ticket which lacks relevance. Declaration of non-ownership may be an effective remedy to challenge such tickets. Suppose a vehicle is registered by the name of one person, but it is actually driven by another one. It passes through a red traffic light instead of stopping. For this violation, the traffic ticket is sent to the person under whose name the vehicle registered. The person may escape the ticket by filing the declaration to the competent agency.
The process of filing a declaration
The declaration is a type of legal document usually composed of a single page. The structure of the standard form is as follows:
Personal Information;
Options on reasons for non-ownership of a vehicle (sold, leased etc.);
Signature under the penalty of perjury
The process is rather simple. The drivers need to:
Fill in the form (personal data and statement about non-ownership of a vehicle)
Sign the form;
Send the form to the competent body.
Where is the declaration of non-ownership of a vehicle sent?
It depends on the purpose of the declaration. If it is filed to escape from the court order, the competent body would the court that has issued such order. Thus the declaration is sent for the approval of the court. Accordingly, if it seeks to fight the ticket, it is sent to the Department of Motor Vehicles (DMV) in California., which has its own form of declaration (Form DL 4062). Here is the address:
Department of Motor Vehicles
Mandatory Actions Unit, MS J233
PO Box 942890
Sacramento, CA 94290
Terms
The paperwork must be mailed within 30 days following the ticket or court order and it must have a postmark from that time frame. Otherwise, the form submission may be disregarded by the court or administrative body. You will be required to pay the penalty connected with the ticket if you submit the paperwork after the 30-day deadline but before then. If you don't get an exemption for IIDs, even if you don't own a car, you will be required to install an IID and present it to the court. Even if you do not possess a car, failing to seek for an exemption and comply with the order to install the IID will result in a breach of your DUI probation, which might result in tougher probation or even jail time.
Contact an Attorney
Nobody wants to pay a fine or spend time in jail for a crime or infraction they did not commit. You might not need any further evidence to establish your innocence and stave off severe punishment. Even though we receive numerous questions from people in similar circumstances, we will make every effort to connect you with a skilled attorney from our firm.
How to Fill Out the Standard California Disclosure Forms?
In California, seller disclosure requirements are strict and thorough. California provides a standard format, as referred to in Civil Code Section 1102, which sellers must use when making these disclosures. The resulting form, called the “Transfer Disclosure Statement,” can be obtained from your California real estate agent. The Transfer Disclosure Statement form covers a broad range of topics, from structural information about the home, such as a leaky roof to whether any deaths occurred on the property in the last three (3) years. In addition, the seller must provide details on all of the home's appliances. Included are those that are for sale, as well as whether or not they are functional. The seller will also need to disclose any room additions, damage, or neighborhood noise problems. Finally, the vendor must attest that they have followed all applicable California laws. For example, smoke detectors are mandatory, and the water heater must drop or slide horizontally in the event of an earthquake.
What If the Seller is Unsure Whether They Need to Disclose a Defect?
As a general rule, the more the seller discloses, the better it is for both the seller and buyer. Remember, just because the seller discloses an issue does not mean they must repair or correct it. The buyer also has the option to correct a problem or to overlook it, if the issue is a minor one. In fact, revealing more information than the seller must to can aid the transaction. The buyer's real estate agent will be happy to find that the seller has submitted a fully completed Transfer Disclose Statement form, as will the buyer. It shows that the seller is thorough and are taking the home sale seriously.
Glendale Personal Injury Lawyer
Glendale personal injury lawyer today for a consultation and case review. Please feel free to give our office a call at 310.943.1171.
while drunk, a person lies down on a set of train tracks and fights off a passerby that tries to move them
a person under the influence of cocaine, passes out on a sidewalk and thereby forces people walking by to step over them
Under the Influence of Controlled Substance – Health & Safety Code §11550
This California statute makes it a crime for a person to be under the influence of a controlled substance or narcotic drug. Examples of controlled substances and drugs include cocaine, heroin, or oxycodone. Actions that may give rise to being charged with under the influence of controlled substance include:
going to a concert while under the influence of cocaine
taking several oxycodone tablets and becoming weak, tired, and dizzy
hallucinating after snorting phencyclidine (also known as PCP).
Drinking in Public – Los Angeles County Municipal Code §13.18.010
In California, a person may not consume an intoxicating beverage such as beer or wine on any public street, sidewalk, alley, highway, or parking lot that is open to the public. Additionally, it is illegal to consume alcohol while riding the Metro bus, train, subway, or any other mode of transportation. However, in most cities, including Los Angeles, drinks with less than 0.5 percent alcohol are not fall into the category of alcohol and are legal to consume in public.
Minor in Possession of Alcohol – Business & Professions §25662(a)
In California, it is illegal for minors under the age of 21 years of age to possessing an alcoholic beverage in any public place. Examples that do not qualify as possession of alcohol as a minor include:
the minor not actually possessing the alcohol because it was not theirs
the minor was delivering it under orders from a boss, parent, or guardian and only possessed it for that limited purpose
the alcohol was discovered during an illegal search and seizure
the minor otherwise acted responsibly by calling 911 to report that they or another minor needed medical attention.
Drug & Paraphernalia Possession – Health & Safety Code §§11350, 11357, 11364, & 11377
Under Health & Safety Code §11350, it illegal in the state of California to have possession of a controlled substance. Examples include:
going to a concert with a baggie of cocaine in a backpack or purse
driving to a friend’s house with Vicodin in the glove box
walking to the neighborhood park with a bundle of heroin in your pocket.
Furthermore, Health & Safety Code §11364 makes it illegal in California to possess drug paraphernalia. Any device, instrument, or paraphernalia to use for unlawfully injecting or smoking an illegal substance falls under this category.
Glendale Personal Injury Lawyer
Contact our Glendale personal injury lawyer today for a consultation and case review. Please feel free to give our office a call at 310.943.1171.