Legal Question in Landlord & Tenant Law in California
business went sower
Landlord refused to take my name of the lease and let me sell unless I accepted to be the master lessee on a used car lot, 2 years after, the business went bad for the buyer, and stopped paying the rent, lease remaining is 13 months, now landlord is after us both,
at a casual conversation months before, buyer informed me that he had quit claim his house into his son's name to avoid creditors,and a possible lean on his house, he also told me that he's been making payments using cashiers checks, he also told me that he owns an appt. building, which he put in his brother;s name I do not know quit claim or other.
Question is. Do I have a recourse against him and is it worth hiring a lawyer, monthly rent is $4000.00
Buyer signed a specific release to me to hold harmless to protect against law suits and indemnify me from anything arising from the assignment of lease to him.
1 Answer from Attorneys
Re: business went sower
The conveyances made by the buyer are probably what the law calls fraudulent conveyances. You can probably set those conveyances aside and foreclose or execute on the collateral. It was dumb for the buyer to make the conveyances. It was incredibly stupid for him to tell you about it. Either this buyer is really really dumb, or he really did not make any such conveyances and is just playing you for a fool.
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