Legal Question in Business Law in California

Re: Affirmative Defense

I agree with Mr. Hoffman, this is a homework assignment. The scary thing about thisq question is the horrible spelling and grammar. Yikes!

Re: Affirmative Defense

It is a fraud claim and failure to disclose. If you are ready to sue, I'm ready for your call. 310.266.4115

Re: Affirmative Defense

I think you have the wrong word -- an affirmative defense is a type of defense which must be raised in response to a Complaint (filed against you, in a lawsuit). You don't indicate that you have been sued here. If so, then you will want to file a Cross-Complaint, probably for fraud, and perhaps recission.

Based upon the facts you have laid out, you would likely want to make a claim against the seller for fraud (both intentional misrepresentation and failure to disclose). You need to move quickly and seek out the advice of a competent attorney familiar with real estate non-disclosure issues.

We are real property litigators with experience in these types of issues. If you need assistance, we are happy to provide a consultation for you at no charge.

Good luck.

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Re: Affirmative Defense

Just a thought -- you might have some politically connected people lobby the bypass builders to open an exit ramp on the planned bypass right by the motel.

Re: Affirmative Defense

Mr. Brainard and Mr. Guerrini are right that there is fraud here, but not about who's perpetrating it.

This question is somebody's homework assignment disguised (very poorly) by presenting it in the first person and pretending the author -- who knows what affirmative defenses are and properly uses complex sentence structure but who can't conjugate "to be" -- doesn't speak proper English.

No one would buy a motel in 2005 based on an expected annnual net of $45,000. This might have been a good sum about 30 years ago, so my guess is that's how old the class's textbook is.

Anyone in the user's supposed position who sought out legal guidance would first want to know about his own rights, not about the other side's defenses.

And there is no "Highway 100" anywhere near the user's location in downtown Los Angeles.

Try studying the material for a change and stop wasting other people's time.