Civil law -Contracts
If a contractor is hired by a Realtor, and does not provide the homeowner or the Realtor a contract, (it is verbal), but the amount is for over the $500 allowance as per CA state B&P7159 can he be sued for civil damages?
In performing the contracted work, the terms were to be paid out of escrow or 90 days after completion, yet he provided no proof he was completed, no invoice was submitted to the Realtor or the homeowner and he sued in small claims after only 50 days- thus violating his own verbal terms.
If so would the case be violation of contract? and what would the courts do for not submitting terms/contract in writing? Can he be held liable for damages for violating these terms?
What role of responsibility does the Realtor play?
Re: Civil law -Contracts
To answer your technical question, "home improvement contracts" are, by definition, between the contractor on the one hand and the owner or tenant on the other hand.
The definition does not include "realtor." That's because the home improvement law was enacted to protect unsophisticated homeowners. Since a realtor isn't the owner of the home in question, and since a realtor works in the real estate industry and is therefore presumed to be sophisticated in these matters, the realtor is not afforded those protections.
So, no written contract is needed and no violation of B&P 7159 arises.
That doesn't mean he cannot be sued or counter-sued. It merely means that violation of 7159 won't be a successful component of those suits.
Good luck.
Re: Civil law -Contracts
To answer your technical question, "home improvement contracts" are, by definition, between the contractor on the one hand and the owner or tenant on the other hand.
The definition does not include "realtor." That's because the home improvement law was enacted to protect unsophisticated homeowners. Since a realtor isn't the owner of the home in question, and since a realtor works in the real estate industry and is therefore presumed to be sophisticated in these matters, the realtor is not afforded those protections.
So, no written contract is needed and no violation of B&P 7159 arises.
That doesn't mean he cannot be sued or counter-sued. It merely means that violation of 7159 won't be a successful component of those suits.
Good luck.
