Are oral agreements enforceable?
Yes, an oral agreement that is not put into writing is still enforceable. However, numerous clients have come to our offices based on disputes that arise from a handshake deal gone wrong. Although an oral agreement is equally enforceable as a written agreement, a written agreement that evidences deal points is incredibly important if people disagree later about what the agreement was or who bore the risk of something happening or not happening. A document evidencing the important points of the deal is also far more reliable than someone’s memory. So, although a formal agreement is often best, at the very least you should send a simple email to memorialize deal points to memorialize an oral agreement.omething to keep in mind is that the statute of limitations, which is the time you have to file a lawsuit, differs between a written agreement and an oral agreement. The statute of limitation for the breach of an oral agreement is 2 years from the date of the breach. The statute of limitation for the breach of a written agreement is 4 years from the date of the breach. Something to keep in mind is that the statute of limitations, which is the time you have to file a lawsuit, differs between a written agreement and an oral agreement. The statute of limitation for the breach of an oral agreement is 2 years from the date of the breach. The statute of limitation for the breach of a written agreement is 4 years from the date of the breach.
What should I do if I have received a deposition subpoena?
Firstly, do not ignore the deposition subpoena. If you received a Deposition Subpoena, and you are not a party to the lawsuit, then you are still required to either produce documents and/or personally appear for a deposition provided that the document was properly served and the court has jurisdiction over you. It will not go away by itself. There are numerous ways to attack a deposition subpoena, including that the jurisdictional or geographical limits are beyond what is allowed by the California Code of Civil Procedure of the Federal Rules of Civil Procedure. However, you have a limited amount of time to respond, and if you ignore it, the other side can and most probably will get a court order compelling your attendance at the deposition and seek their attorney’s fees for having to file the motion. We have represented numerous clients in depositions and have often been able to work it out with opposing counsel so the client does not have to appear for the scheduled deposition. Call us today if you have received a deposition subpoena.
What can I do if a seller failed to disclose all of a property’s defects?
In California, a seller is required by law to disclose all known material defects. Material defects includes items such as leaks, water damage, mold, asbestos, unfixed government citations, or almost anything else that more than marginally affects the value of the property. Often, sellers will attempt to conceal or fail to disclose certain defects in their statutory disclosure forms with the hope that the buyer will not ask for a repair or a price deduction. However, intentionally concealing material information from a buyer is fraud. If you feel that you bought a property and that a seller did that, then call or email our office to schedule a free 15-minute consultation. We have repeatedly dealt with these kinds of issues and have recovered hundreds of thousands of dollars for wronged property-buyers.