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Past Questions Answered
Christopher Brainard, Esq.
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Question:
Area:
Business Law
I own a
small business which I would like to legally
copyright. I train Assistants for real estate Agents
in California. I do not know how to go about this
process, what forms I need, or what the costs are.
Will appreciate any assistance you can offer me in
this matter ASAP. Sincerely.
Answer:
Well, I don't think you can copyright that.
Copyright applies to unique writings. Perhaps what
you want to do is protect trade secret information
that is not readily available to the public. If so,
I can be of assistance.
Question:
Area: Real Estate Law
My real estate agent handed the
first official written full price offer on a
commercial lot to a seller's broker with a 24 hour
time frame of response. After 6 days the seller's
broker lets us know through a phone call that they
are going to wait for the highest bid and that they
are not obliged to counter-offer us or to respond. I
request them to counter-offer us, to be considerate
and fair to us because we were the first to offer
full price and he denies to talk to the seller about
it.Is this broker abinding the law,do I have any
rights,how do I know if my offer was even presented?
Is this broker waiting for a non-split (double
agent) comission deal?
Answer:
Need more facts, but my best effort is to say
that there agent has an obligation to communicate
your offers. However, if he has communicated your
offer and told you they are going to wait for a
better bid, there is no reason for him to continue
to communicate the same thing over and over.
You may offer more if you like or not, they can
accept or reject, that is there right. Good
luck.
Question:
Area: Real Estate Law
I am looking for a contract that relates to a
shared equity of a home. There are 3 investors and I
would like to have a contract that we all agree on
and is on a legal document. I don't know what kind
of contract I need to use. Thank you, Helen
Answer:
I would need more facts, but I'm sure I can help
you with that. You just need some good
contracting.
Question:
Area: Puppy Lemon Law
I ordered a dog from a breeder in California for
$1000 and she sent it by plane to me here on the
East Coast. The dog was sick and we brought it
to the vet and now he has been diagnosed with Parvo
and worms. Parvo is super contagious and it
will cost us $2500. Can we recover.
Answer:
Surprisingly, I know the Puppy Lemon Law thanks
to a dispute that arose with my Aunt's pup that had
congenital defects -- I don't think I would ever
have gone out and learned it otherwise. In any
event, they will need to reimburse you in good faith
or be liable for the same plus attorney's fees.
You will likely need representation.
Question:
Area: Business Law & Collections
Dear professionals,
I am a web designer and have been sent to
collections on a overdue credit card(collections
agency has sent their nasty letter pretending to be
an attorney but of course they have no license to
practice). Here's my question. Because one of
the web sites I own is that of a fictitious legal
office, I wanted to know if using letterhead that
reflects this web site (Law Offices of...) would be
illegal in any way ? I am not claiming to be
an attorney in the letter (in fact I clearly state
''Pro Se''). I've been told that it can't be illegal
because I am not making promises on anyone’s behalf,
and am not claiming anything on behalf of any
company (such as ''we''). Any answers will be
greatly appreciated.
Answer:
That is false advertising and possibly you could
be found guilty of the unlicensed practice of law --
I think it is a crime with a fairly harsh penalty.
I would stop before you get sued.
Question:
Area: Real Estate
I purchase a new home before selling my old home.
When my home was sold title company paid wrong 2nd
mortgage. When they realized their mistake, they
paid an additional 55K on correct loan, now after a
year later they are sueing me for both loans that
they paid off. Why am I responsible for their error?
any help is greatly appreciated.
Answer:
I see no reason why. I would be happy to
represent you. You will have to front attorney's
fees for your defense, but I would do everything I
could to get them reimbursed from title.
Question:
Area: Tort Slander/Libel
What is the statute of limitations for libel
and/or defamation in California for a published
novel?
Answer:
How long has it been? Since the book was last
published? and since you discovered it? According to
California Code of Civil Procedure, the statute of
limitations is normally one year from the date of
publication. Each new time the false statement is
made would constitute a "publication."
Question:
Area: Entertainment Law / Intellectual property
What legal documents do I need to protect my idea
for a Reality T.V. Show and where can I obtain them?
Answer:
You will want to
become a member of the Writer's Guild Association (WGA)
and you will want to register your
script/screenplay. If you find a studio interested
in your idea, you will need an attorney to represent
you through the "process" safely.
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