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Alabama Contracts Questions & Answers
1 Answer | Asked in Contracts, Personal Injury and Civil Litigation for Alabama on
Q: What is a good percentage to accept for my representation (contingency fee) for a tortious conduct case?

I am in the process of hiring a lawyer on a contigency fee basis, to sue for tortious conduct for interference of a body. emtional distress, etc. What is the normal/good percentage for a lawyer for such a case?

Hunter Garnett
Hunter Garnett
answered on Oct 24, 2022

It varies from jurisdiction to jurisdiction. Typically, in Alabama, the minimum fee for a personal injury case is 1/3 of the settlement.

It is not uncommon for the fee to increase to 40% or even 45% if the case is litigated or taken all the way to trial. Complex or difficult cases, such as...
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2 Answers | Asked in Contracts for Alabama on
Q: Can I sign the title to a vehicle that my parents have given me "with express permission?"

The truck is in Mississippi, my parents are in Dothan, AL living w/ my daughter. We intend to get the truck and bring to our home here in Ellijay, GA. Mom is willing to sign the title and has even mentioned just signing for her to avoid driving to Dothan with it in hand. Can I sign with... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 20, 2022

What does this have to do with Florida law? And what would "p.p" mean? Depending on the state in which the truck is titled, it might be possible for Mom to give you a power of attorney. Mom seems to be under the impression that she cannot allow someone else possession of the truck... Read more »

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1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Alabama on
Q: I want my money back from a contract with a pole barn builder who has done no work in a 1 1/2. What type of lawyer do?
William Vann Burkett
William Vann Burkett
answered on Jan 7, 2022

You likely need an attorney who handles contract disputes. Often construction law attorneys deal in large commercial disputes. A general practitioner or trial attorney will likely be able to give you advice on your individual situation.

1 Answer | Asked in Contracts, Estate Planning, Tax Law and Real Estate Law for Alabama on
Q: My dad is downsizing and is planning to leave me and my fiance his fully paid off house. We need any advice to get start

Should we inherit or transfer deed into name and just pay the property taxes?

Kevin M Ryan
Kevin M Ryan
answered on Jan 7, 2022

A Living Trust would be one of the best simple ways for your father to set up his estate plan. The real estate would need to be transferred to the Trust and the documents would most certainly need to be prepared by an attorney. An Attorney who practices in the area of estate planning and tax law... Read more »

1 Answer | Asked in Contracts for Alabama on
Q: Can a buyer cancel a contract in the state of Alabama three days after signing the contract?
William Vann Burkett
William Vann Burkett
answered on Nov 3, 2021

The specific language of the contract may allow cancellation on certain terms. The common law may also allow cancellation based on certain breaches or conduct of the parties. However, the analysis is very fact-driven. It depends on the contract and the specific dispute between the parties. You... Read more »

1 Answer | Asked in Contracts for Alabama on
Q: If a home builder changes the date of closing to tbd. I didn't sign that contract. Is it valid?

I signed the original contract with a close date of 9/16/21. The builder changed the close date to tbd. Now we can't get a close date in writing.

William Vann Burkett
William Vann Burkett
answered on Sep 21, 2021

Generally, a contract will control the relationship between the parties unless modified. There are multiple ways to modify a contract under Alabama Law. The language of your executed agreement may have an effect on what methods are available to modify the agreement. In order to fully understand... Read more »

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Civil Rights for Alabama on
Q: It has been raining in my apartment due to storm damage over a year. Where can I get help with a matter like this?

I (we) have reached out to many people about this. Other tenants have been to the mayor ,sheriff and health department as a group. No one will come. Not even a bad area. We are right beside an elementary school. The Health Department wont come just this week after a year of calling did I finally... Read more »

Travis T Juneau
Travis T Juneau
answered on Sep 16, 2021

If your apartment is uninhabitable and you have made the landlord aware and the landlord has failed to improve conditions and make the home habitable then you are allowed to break the lease and move. If you get sued by your former landlord for breaking the lease you will have a recognized defense.... Read more »

1 Answer | Asked in Consumer Law, Contracts, Banking and Collections for Alabama on
Q: New question statute of limitations Alabama

7 years ago in Alabama I bought a car through the dealership and they sold the loan to AlabamaTelco Credit Union. AlabamaTelco is now Avadian Credit Union. I never stepped foot in the credit Union and was never a member. I lost my job and returned the car to Avadian. Now almost 6 years later... Read more »

Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 9, 2021

General statute of limitations for debt collection actions on a contract is six (6) years. If it is a credit card or open line of credit then it is potentially three (3) years. It seems likely that your loan would be a six year statute. Now because your loan has been transferred between different... Read more »

1 Answer | Asked in Contracts and Health Care Law for Alabama on
Q: I am a professional that had an agreement with an attorney to provide expert medical testimony.

At one point in our work, one of the attorneys (whom I was working for the benefit of) threatened me with litigation because I did not return his/her phone call, and it had only been 36 hours since their request for me to call them. I notified that attorney in reply that I felt this behavior was... Read more »

Amanda B Cook
Amanda B Cook
answered on Jul 29, 2021

If you want to get out of the contract, then you should take the written agreement to a contract attorney who works in a different area than the attorney you are having trouble with, and see what they have to say about the terms.

If you feel the conduct was unbecoming of an attorney enough...
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1 Answer | Asked in Business Law, Civil Litigation and Contracts for Alabama on
Q: Hi We cancelled our wedding due to covid. The wedding planner contract says she can keep all money paid to her.

My mother has paid 1500 of a 2000 contract. 500 of that was after we already expressed worries about the date. The wedding planner was contracted for day of services, photography, videography, flowers, photo booth, dj, invites, and some decorations. I never got anything that she was supposedly... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Nov 18, 2020

If the contract is governed under Alabama law, you should look at the contract itself. ALabama is a very conservative state in terms of contract law. The terms of the contract will govern, and courts are very reluctant to decide that this is just unfair to you. You should hire a lawyer in the state... Read more »

1 Answer | Asked in Consumer Law, Contracts and Criminal Law for Alabama on
Q: Is this grounds for dismissal

Timestamp on video is different from what police says when crime was committed. Reports show Feb 2nd 2016 a control buy was made. Video shows it was 9/26/2009.

Sheila Crumley Field
Sheila Crumley Field
answered on Oct 24, 2020

No. If they have the confidential informant there to testify to the actual date it happened and also the police officers, then it will not matter what the time stamp on the video says.

1 Answer | Asked in Contracts for Alabama on
Q: If a seller of a home has signed a contract with a buyer, can the seller back out of the deal ?

The seller is 70 yrs. old and on disability and is not able to move. I know he should have thought about this before signing the contract, but he didn't.

Tim Akpinar
Tim Akpinar
answered on Sep 1, 2020

An Alabama attorney could answer best, but your question remains open for three weeks. As a general premise of contract law, such a contingency doesn't generally provide an out. I'm sorry for this sad situation. Maybe review by an Alabama real estate attorney (if one is not already... Read more »

1 Answer | Asked in Business Law, Contracts and Real Estate Law for Alabama on
Q: Is it possible to have someone on my behalf to sign real estate or legal documents for a Realestate transaction?

I want to start an LLC, as an absentee landlord & investor, I wan to employ a contractor whom will inspect my potential properties and sign purchase agreements, as well as other important documents for the procurement of properties. Is this legal to do in Alabama?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 16, 2020

Possible and very easy. Just execute a special power of attorney empowering the person whom you want to sign documents to do just that. Be careful and make sure it is properly drafted.

1 Answer | Asked in Contracts for Alabama on
Q: My aunt says she used wrong deed in signing of the property over to me. She used old deed. Is this still a legal bond?

She is now saying that she used the wrong deed bc she and her late husband had resurveyed the property. So will the property be in my name or still in hers. It was also filed in the courthouse of the same county. It was also a quitclaim deed.

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jun 12, 2020

A real estate attorney can review the quitclaim deed and make sure that the appropriate language to effectuate the transfer was used and the it was correctly filed. From what you are stating in your question it seems the difference between the "ol" deed used and a new one would be the... Read more »

2 Answers | Asked in Contracts and Criminal Law for Alabama on
Q: Once you have paid for the pretrial intervention program in full, do you still have to report to your probation officer

Once above program is paid will I only have to pay restitution? Or will I have to continue paying the monthly supervision fee, and drug screening fee?

Travis T Juneau
Travis T Juneau
answered on Jun 1, 2020

Yes, you still need to report to the probation officer you are assigned to and continue to drug screen as well as comply with the all the other aspects of the program until you graduate the program and are told by the court that you are done.

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1 Answer | Asked in Consumer Law, Contracts and Small Claims for Alabama on
Q: Is it legal for a loan company to do a hard pull on my credit to see if I am making other payments without my consent
Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 9, 2020

check if you signed anything that would allow them to do that.

the application may have included an authorization to do that.

1 Answer | Asked in Contracts for Alabama on
Q: Is there at statue of limitations on statute 13a-8-142 in alabama
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Mar 27, 2020

This statute deals only with the notice requirement to perfect a demand to return. I think you are asking if there is a statute of limitation on theft. That would depend on the value of the items. Try your questions again and give some facts so someone can answer.

1 Answer | Asked in Banking, Contracts and Probate for Alabama on
Q: Question about obligations as a seller in a contract for deed

I am the Executor of my fathers estate and he was the seller in a contract for deed. The 5 year contract has come to an end and the buyers bank is requesting me to fill out a Verification of Mortgage. The buyers bank told me without the VOM the underwriter will not give the buyer the loan.... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Mar 16, 2020

You wrote "I've been advised by counsel." You are represented by a lawyer. Listen to her or him.

1 Answer | Asked in Banking and Contracts for Alabama on
Q: I am the seller in a contract for deed, am I required to fill out a Verification of Mortgage?

I am the Executor of my fathers estate and he signed a contract for deed 1.5 years before he died. The 5 year contract has come to an end and the buyers bank is requesting me to fill out a VOM. The buyers bank told me without the VOM the underwriter will not give the buyer the loan. I've read... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Mar 14, 2020

Required by whom? What is a "Verification of Mortgage" Probably, you have entered into a contract for deed (which is a lot tricker that you might think). Does the contract for deed violate the terms of any existing mortgage on the property? Will the "contract for deed" make the... Read more »

2 Answers | Asked in Contracts and Estate Planning for Alabama on
Q: I am my brother's legal guardian. He relies on Medicare to pay his nursing home. He was omitted from Dad's will.

If he receives any money Medicare will take his benefits away. Dad died without taking brother's name off insurance as beneficiary. I can disclaim his insurance benefit, but what happens to his benefit if I do? How long is any disclaimer in effect? What can I do to prevent Medicare from... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Mar 12, 2020

You probably mean Medicaid not Medicare. The disclaimer would be considered an uncompensated transfer and your brother willl incur a penalty period. There are better ways to handle this. Consult with an elder law attorney in your area. Most likely you will be looking at a strategy that combines... Read more »

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