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Questions Answered by David H. Relkin
2 Answers | Asked in Contracts and Real Estate Law for New York on
Q: Loan Agreement Review

Good evening. I am lending capital to a real estate investor in my area and in turn I will be receiving 10% interest for a total of one year. I will receiving two documents, a promissory note and the loan agreement, and I would like a lawyer to review to make sure my interests are protected and... Read more »

David H. Relkin
David H. Relkin answered on Jan 20, 2022

Yes, I do know a great deal about this. I would have to discuss the matter and then review the documents. My website is easy to find. This space does not encourage contact information.

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1 Answer | Asked in Arbitration / Mediation Law and Real Estate Law for California on
Q: Once the cancelation documents are signed, how much time does the Real Estate Agent have to file for arbitration?

I used the inspection contingency to cancel the purchase of a home, and the buyer decided not to sign my cancelation and create their own to go into arbitration. The buyer's Agent has not responding to my Agent telephone calls and emails since I signed their cancelation on January 12, 2022.... Read more »

David H. Relkin
David H. Relkin answered on Jan 20, 2022

I think you mean that the seller refused to sign and accept your cancellation of the contract.

Arbitration is exclusively a creature of contract. Unless there is a signed agreement in which you agree to arbitrate any dispute, you would not be required to arbitrate. Similarly, the time in...
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3 Answers | Asked in Civil Rights, Contracts and Employment Law for New York on
Q: Settled a breach of employment contract. no payment till after I dismiss. Should i trust that? Shouldn’t i be paid firs?

I was due a 10k sign on bonus after a year of working with this company. They agreed to pay it but never did so I quit, they then used that as a excuse to not pay me. Now we’ve settled the lawsuit out of court & they want me to dismiss first then they would pay me. Shouldn’t I get paid... Read more »

David H. Relkin
David H. Relkin answered on Jan 19, 2022

This is a common request by a defendant. Unless there is an agreement pursuant to which they agree to pay, no, you should not dismiss the action first even if it is without prejudice. I also prefer an escrow by which the money is held by counsel and an agreement provides for the dismissal and... Read more »

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2 Answers | Asked in Banking for Maryland on
Q: Can I open an UTMA for a 15 year old?

I was under the impression that once a child was over 13 years old, an UTMA could not be established as a savings, it is then a youth savings or joint. What is the case, I can find a lot of information on disbursements of UTMA but nothing on establishing. This is an UTMA unrelated to Title 13

David H. Relkin
David H. Relkin answered on Jan 21, 2022

The answer is that, in New York -- and this should be the same in other states -- the age is 18. Your bank will assist you in this since they are the ones who will open the account.

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2 Answers | Asked in Business Law and Trademark for New York on
Q: I registered trademark but someone who used to use the mark years ago without registration is trying to use it now.

I have a band name I have used since 2016. I registered for trademark with USPTO in 2020 and it was officially registered in 2021. I have now learned there was a band which used the name briefly in a different market a few years before my first use and every once in a while after that time.... Read more »

David H. Relkin
David H. Relkin answered on Jan 3, 2022

There is no requirement to file and obtain a Trademark right with the US PTO. A trademark can be acquired by use. This is called a "common law" trademark and is generally protected only by State Courts.

The term "common law" indicates that the trademark rights that are...
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4 Answers | Asked in Arbitration / Mediation Law, Civil Litigation, Collections and Probate for California on
Q: I need a lawyer to help collect on a claim I filed at Stanley Mosk for 186k
David H. Relkin
David H. Relkin answered on Dec 28, 2021

I agree with the response of Mr. Wirtschafter as to collection, but the question seems to imply that you do not have a judgment yet and that you are presenting your case to an Arbitration Tribunal. If so, I have handled over 100 Arbitrations around the Country and would be willing to consider the... Read more »

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2 Answers | Asked in Arbitration / Mediation Law, Civil Litigation, Construction Law and Contracts for Florida on
Q: Does refusal to adhere to a 5-year workmanship warranty create breach of contract and void the required arbitration?

Extensive damage occurred in my house after work was done by a company. The damage was undetected for almost four years due to its location. Once found, expensive repairs were required. Three outside specialists confirmed the cause of damage was the poor workmanship. The company refuses to pay any... Read more »

David H. Relkin
David H. Relkin answered on Nov 16, 2021

You ask a very good question and one that I have been asked many times. An arbitration provision is valid even if the contract involved fraud. In other words, simply because fraud was involved in the transaction, that does not void the manner in which you have agreed to resolve the dispute. This is... Read more »

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3 Answers | Asked in Collections and Landlord - Tenant for New York on
Q: Rent recovery

As a guarantor on my daughter’s apartment in NYC, I am responsible for paying rent for a roommate who did not pay their last 4 months of rent (~$5016). Do I have any avenues to recoup this money from the non-paying roommate?

David H. Relkin
David H. Relkin answered on Nov 10, 2021

A guarantor's obligation is generally absolute. You did not guarantee your daughter's stay in the apartment. You guaranteed the prompt payment of the rent. Of course, theoretically, your daughter's roommate would owe you the money you pay. Settle.

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1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: Hi, What are the forms (numbers) needed to apply to the courts to confirm a fee arbitration award in New York please?

I understand it is a special proceeding. Do i need to fill form #H-1 form#H-8 or both for example?

David H. Relkin
David H. Relkin answered on Oct 7, 2021

In New York, one brings a special proceeding by a motion to confirm the Award in New York. It is a relatively quick matter. There are two issues in confirming the Award: one in which the respondent appeared and contested the Award, and the other, when the arbitration was not contested. The... Read more »

2 Answers | Asked in Real Estate Law, Tax Law and Arbitration / Mediation Law for Kentucky on
Q: Late September earlyOctober 2020 I noticed my neighbor's property up for sale by owner Had a verbal agreement

Purchase a home and offered asking price if the seller agreed to close before the end of the year

Seller agreed no less then 3verbally ie phone 4 in person seller remove the for sale sign from the yard only to change their mind and not sell to me

don't know if there's... Read more »

David H. Relkin
David H. Relkin answered on Aug 31, 2021

Unfortunately, agreements concerning "real property" must always be in writing. The fact that your neighbor removed the sign from the yard does not seem to be an action that could only mean he agreed. (Sometimes there is a way around the written requirement, but I do not see it here.)... Read more »

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1 Answer | Asked in Contracts and Arbitration / Mediation Law for Kansas on
Q: I need to know the correct court to get an arbitration award confirmed in Kansas

The award is for $2,480,000 and the defendant does business in Johnson County Kansas and I live in Jackson County Missouri.

David H. Relkin
David H. Relkin answered on Aug 25, 2021

I am not admitted in Kansas but the procedure is virtually the same in New York. An Award is not enforceable until it is "confirmed into a judgment."

The procedure appears to be dealt with in Article 5 of the Consolidated Laws of Kansas:

[2016 Kansas Statutes...
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1 Answer | Asked in Arbitration / Mediation Law and Employment Law for Texas on
Q: 1. If employer forces arbitration agreement for employment, can they threaten to take legal action in employee handbook?

I was questioned by HHS at our facility there investigating a report, anonymously made of neglect. I confirmed and reported other things that I knew about.

I took a lunch break and was suspended when I returned. Terminated 3 days later

They had the DRP in my suspension letter.... Read more »

David H. Relkin
David H. Relkin answered on Aug 18, 2021

Their actions, as you describe them are odious. Yes, they are bound by the written agreement which, as you say (I believe) provides for arbitration. In addition, there may be legal impropriety in their obtaining knowledge of the HHS report.

If you like I can review the agreement for...
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1 Answer | Asked in Arbitration / Mediation Law on
Q: How can my fiancé get divorce if his wife don’t want nothing to do with him
David H. Relkin
David H. Relkin answered on Jul 15, 2021

The simple answer is that your fiance must commence a divorce action against his wife to terminate the marriage.

1 Answer | Asked in Consumer Law and Arbitration / Mediation Law for Oklahoma on
Q: I need to file a Motion to Vacate arbitration decision.

Lawsuit has been filed. I'm the plaintiff.

014 Oklahoma Statutes

Title 12. Civil Procedure

§12-1874. Application to vacate an award.

Universal Citation: 12 OK Stat § 12-1874 (2014)

A. Upon an application and motion to the court by a party to an... Read more »

David H. Relkin
David H. Relkin answered on Jul 8, 2021

A motion to vacate based on "evident partiality" is a very tough motion. You need something more than a generalized suspicion that the arbitrator, though he works in the same business as your opponent in the Arbitration, was "evident[ly] partial."

Further, assuming that...
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2 Answers | Asked in Arbitration / Mediation Law for New York on
Q: I am going to arbitration and some legal advise.
David H. Relkin
David H. Relkin answered on May 5, 2021

I have handled more than 100 Arbitrations. Please call me at 212-244-8722. David@Relkinlaw.com. David H. Relkin, Esq

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1 Answer | Asked in Arbitration / Mediation Law for Connecticut on
Q: If my case manager was in love with me and I dropped her and she is now creating me problems and I have proof What can D
David H. Relkin
David H. Relkin answered on Apr 24, 2021

I can answer your problem with an experience of my own. A Case Manager refused to promptly supply a replacement Arbitrator. He simply became unavailable. Two weeks passed without any responses to my demand that he supply three new names for the parties.

Every Tribunal has an administrative...
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1 Answer | Asked in Arbitration / Mediation Law for Florida on
Q: Can I sue hotels.com for booking a room in a hotel that doesn't exist for about a year?

I booked and paid for a hotel and the reservation was guaranteed and confirmed. When I got to the hotel, hotel was not operational for about a year. No substitute was offered

David H. Relkin
David H. Relkin answered on Feb 14, 2021

I haven't consulted hotels.com's terms and conditions on their website, however, a contract cannot exclude gross negligence (which is the case most likely) or fraud (which would have required them to have actually known the hotel was not operating) without a knowing waiver.

I have...
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2 Answers | Asked in Arbitration / Mediation Law for New York on
Q: Hello. I completed an arbitration request form with Greenfield Rehab/Nursing home and they assigned Chubb Insurance Co.

They called me and asked if I had an attorney.

Do I need an attorney? What would the charge be for this type of assistance?

David H. Relkin
David H. Relkin answered on Oct 9, 2020

The other side will certainly have counsel. If you want to protect your rights and win I recommend that you retain an attorney. I have handled over 100 arbitrations and would be willing to discuss the matter with you at your convenience. David@Relkinlaw.com

212-244-8722.

www.Relkinlaw.com

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3 Answers | Asked in Arbitration / Mediation Law for New York on
Q: Hello, can you tell me how I, as a civil arbitrator, ensure that the award I render is legally binding?

I have a certificate as a civil arbitrator, which certificate was endorsed by Hon. Gerald Popeo of Utica City Court, Utica, NY. Recently, two opposing attorneys asked me to arbitrate a civil matter between their respective clients. These two attorneys require that the arbitral award I would... Read more »

David H. Relkin
David H. Relkin answered on Jun 24, 2020

Your Arbitration is pending in New York so the controlling statutes are in the Civ.Prac.Law.Rules, specifically 7510 and 7511--these statutes specifically deal with the Confirmation and Vacatur of an Award. There are some additional attendant statutes that may seem obvious but I will cite them... Read more »

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