Legal Question in Construction Law in California

Unlicensed contractor wants power of attorney

An unlicensed contractor has been pressuring my elderly parents to give him power of attorney on their rental property. He was hired by a very large real-estate company that loan them the money to complete city required repairs. The large real-estate co. is serving as the prime contractor; making inspections and payments. Both real-estate co. and the contractor refuse to provide any accounting of the repairs and the real-estate co. has a lien on the home for the repairs in excess of 10K dollars. The real-estate co. does not hold a contractors license either. The contractor was confronted regarding his lack of a license and at first gave the license of another co. When pressed he admitted he did not have a license and that it does not matter. Since this confrontation he has been pressuring my elderly parents for a power of attorney. I have contacted the state contractor�s board, but because the contractor is harassing them relentlessly to sign the power of attorney, I fear they will cave in and sign his paperwork, before the contractors board can help. What can I do? Should I contact the police, and the district attorney?


Asked on 2/21/07, 5:39 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Unlicensed contractor wants power of attorney

I doubt the police or DA will intervene unless you can show substantial illegal conduct already committed, but you should try. Merely getting a contact from the police would shake up the culprits. 'Confronting' them orally will do little good. Do so in writing, clearly stating they are not to contact your parents with any demands, or you will take legal action. You need to consider whether to contest the contract, loan and lien on the basis of fraud or undue influence. An unlicensed contractor may not collect for his services - thus the lien may be voidable by the court. Consider getting legal representation for your parents in this. Feel free to contact me if interested in doing so.

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Answered on 2/21/07, 1:02 pm


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