When AIDS Enters In to House Sale
Q. I would like to sell my house that I have been renting out for the last few years. My tenant, a very nice young man, died a few months ago from AIDS. I am wondering if I have any duty to tell a buyer about this. Does the law say I have to?
GG, Orange
A. The law requires an owner of real property to disclose to the buyer if an occupant has died on the property in the three years before the date of the offer to purchase, except if the occupant died of AIDS.
If the buyer, however, asks you any questions concerning any deaths on the property, the law does prohibit you from intentionally misrepresenting the facts to him.
Q. I am a single parent with a teen-age son. My son is normally a good kid with average grades. He, like most boys his age, does occasionally get into trouble, which is why I am writing to you.
A week ago, my son was caught with a friend writing school slogans on a neighbor’s fence. The neighbor was furious and said I couldn’t control my child. My feeling is that my son should be the one he’s yelling at. What’s the law on this?
TP, Santa Ana
A. The law specifically provides that a parent is responsible for any graffiti that her minor child willfully writes on another person’s property. A parent can be sued for an amount not more than $10,000 for each act of misconduct by the minor, as well as court costs and attorney fees if the parent loses in court.
Q. Last year I won a small claims case, and the defendant owes me a little under $1,000. What is the best way to try to collect?
BT, Anaheim Hills
A. This is a commonly asked question and one that seems to trouble most small claims plaintiffs that win their lawsuit. As a result, the Legislature has just passed a law that would allow a small claims debtor to pay the amount of the judgment to the court that heard the case. The court will notify the judgment service. Contact the court that heard your case for more details on how to use this new procedure.
If you don’t want to do this, you may follow any of the more traditional approaches. One of the most commonly used methods would be to garnish the wages of your judgment debtor so that his employer withholds a portion of his paycheck to satisfy your judgment.
Another method is to execute on any real or personal property that the judgment debtor may possess. This method would result in the property being sold in order to satisfy your judgment.
You may also place a lien on real and personal property of the debtor.
If you do not know what kind of property, if any, the debtor possesses, you may require him to appear at a judgment debtor examination and be questioned under oath by you.
Again, contact the court that heard your case for more information about these methods.