I have a few questions regarding Home Improvement Contracts in California:
Who can sign the contract for a subject property?
-In one case there is a local interior designer who would like to hire me to implement some of the design ideas she has proposed and the HOs have agreed to. My understanding is that I cannot contract with her as she is not licensed for the work (and subsequently subcontracting the portion I am asked to do), in which case I would expect I need a contract with the HOs directly (which is awkward as she is the contact in this instance).
-I would like to market some services to local real estate agents- who is the appropriate person to contract with 1) when there is an absentee owner and the agent wants the work done to sell? or 2) when, say, it’s a foreclosed (bank owned) house?
All of this is an effort to improve and fortify my business so any other pertinent ideas are appreciated (including what to watch out for when working with real estate agents).
Regards,
David
Edited 6/16/2009 11:03 pm ET by peedee
Replies
In the first example, sign the contract with the HO, and have the designer sign a separate contract for the design portion. Include a clause in the contract that the designer will be responsible for approving the work.
"Put your creed in your deed." Emerson
"When asked if you can do something, tell'em "Why certainly I can", then get busy and find a way to do it." T. Roosevelt
I believe FE has it right. Look at this way, if you aren't paid for some reason, you don't put a lean on the Architect you put the lean on the homeowner. As you pointed out, the Architect, is not licensed to do the work so she/he is more likely not the one to subcontract with.
As an architect who is also an ASID interior designer, I can confirm that unless that designer has a general contractor's license, she cannot legally subcontract the work to you in California, and could get into a whole pile of trouble if she did. You can explain that you are just "looking out for her" in explaining the situation to her.
It is exactly the same situation with real estate agents. If the bank owns the house, then the bank has to contract with you.