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1 Answer | Asked in Contracts for Colorado on
Q: can a broker switch to tranaction broker right before closing?

can seller just terminate the contract

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Oct 5, 2022

I suppose I will answer the second question. It depends. While it is harder for a seller to terminate the contract, it is not impossible. It all depends on the contract. Because we cannot look at the contract, this question is impossible to answer. If the seller terminated the contract and you... Read more »

1 Answer | Asked in Contracts, Divorce and Family Law for California on
Q: A person inherited house & was with some1 not married then moves to new house & takes 200k into new home w/person

Will the person get anything if they separate after 10 years of being together ? What if new house has both people on the deed ?

James R. Dickinson
James R. Dickinson
answered on Oct 4, 2022

This is a little confusing and more information is needed. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: As a renter when the owner is selling the building to build does he have to compensate the tenants being forced to move

It is gonna be a tear down to build a high rise building

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Oct 4, 2022

The selling of the property should not automatically end your tenancy. If and when it is ended -- e.g., to make substantial renovations or to completely demolish the building--you must either get one (1) month of rent reimbursed to you, or have your last month waived if you are protected by AB1482.... Read more »

3 Answers | Asked in Contracts for California on
Q: There was a lien found against a boat I sold 3 years ago. When I sold it I used a broker. Who is liable?

Now the current owners are threatening civil lawsuit eventhough I didn't know about the lien with the coast guard. I had the boat registered thorough the DMV. The broker was the one who looked up all liens against the title.

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Oct 4, 2022

You may be found to be a bona fide purchaser and seller--unaware of the lien--and you may not be bound by its terms. This is a complicated case, and I would highly advise speaking with a qualified lawyer.

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1 Answer | Asked in Contracts and Patents (Intellectual Property) on
Q: I want to sue a certain individual due to him stealing my patent & putting it on the market for his own gain & profit !

I would like to know how to go about recovering years of lost revenue? I'm talking millions if not billions!!!!

Joshua David Mertzlufft
Joshua David Mertzlufft
answered on Oct 3, 2022

The first step in any potential infringement action is to take a look at the product/service/method and compare it to the patent and then put a strategy together.



I am a registered U.S. patent attorney, however, absent a mutually-agreed, written engagement agreement between you...
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1 Answer | Asked in Contracts for New Jersey on
Q: Can I sue if a house I was to buy with closing date was cancelled due to one party injuring themselves.

I was set to buy a house in NJ. The couple were getting a divorce and they accepted everything. We had a closing date but husband left state 2 weeks prior and did not sign final paper work. He got in an accident and has brain damage. Wife cancelled agreement to purchase. She had given permission... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Oct 3, 2022

One needs to be competent to sign a legal document. You did not describe the extent of the injury. An action to appoint a guardian would be required if the injury made it impossible for the seller to be deemed unable to understand the nature or terms of the documents to be signed in order to... Read more »

1 Answer | Asked in Business Law and Contracts for Maryland on
Q: is there a MD law that says consultants can not use the hiring companies resources (such as laptop and/or office space?

I provide sales/Business development services

Mark Oakley
Mark Oakley
answered on Oct 3, 2022

No. That would be a private contract matter between the consultant and the hiring company.

1 Answer | Asked in Foreclosure, Tax Law and Contracts for Texas on
Q: Considering investing in tax foreclosures in Texas. The listings are each labeled with: EOS, EXE, Sale, resale, PLURIES.

From an auction bidder's perspective, do each of these types of real estate tax foreclosure types (for example EOS, EXE, Sale, resale, PLURIES) have the same redemption period?

I'm referring to the auctions from the Tax Code from Chapter 34. TAX SALES AND REDEMPTION, from the... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Oct 2, 2022

If your question is looking for a "redemption" period after a f/c sale. There is none! Once it is sold at foreclosure, it is the property of the buyer, 100% in fee simple. While there may be some other legal issues of the property you buy at a f/c sale, it is a different legal process,... Read more »

1 Answer | Asked in Contracts for New York on
Q: Can 3 parties sign counterparts and send signed pages to 1 party to collate only one original contract (no circulation)?

Please note that only one original contract is to be prepared by inserting signed pages of all parties in one contract which original contract will be held by one party only during the term of the contract. The signed pages are to be sent by 2 parties after signing in counterparts and just... Read more »

Jack Mevorach
Jack Mevorach
answered on Oct 1, 2022

Not the best method. I recommend against it. Do it the right way.

Jack

1 Answer | Asked in Contracts, Personal Injury, Real Estate Law, Environmental and Municipal Law for Missouri on
Q: Franklin County, MO, municipality is negligent in maintaining alternative sewer system, creating health hazard.

The municipality signed an agreement with the original property owners in 2004. That they were installing a step septic tank system on their properties, that the village owned, was part of the village sanitary sewer system, would maintain, repair, and service. The system on our property was... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 1, 2022

A Missouri attorney could advise best, but your post remains open for three weeks. This is a complex matter. Evaluation of the septic system could involve the expertise of civil engineers and wastewater experts. Assessment of contamination could involve sampling and lab analysis conducted by... Read more »

1 Answer | Asked in Contracts and Small Claims for Oregon on
Q: Can I do a small claims on the storage unit where my belongings were all ruined if my mom was the name on the unit
Gregory L Abbott
Gregory L Abbott
answered on Sep 30, 2022

If only mom's name is on the lease, it is likely only Mom can file claims related to the lease.

2 Answers | Asked in Contracts for Florida on
Q: I’m under contract on a condo in Florida. The hurricane destroyed the area but not the condo. Can I get out or the deal.

Little to no damage on the unit but the building, pool and surrounding area has suffered significant loss.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 30, 2022

No one can answer that in this online forum. It requires a review of your purchase agreement. You will need to hire a real estate lawyer to review it. Honestly, you should not purchase real estate without one.

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1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Landlord - Tenant for Texas on
Q: Can I break my lease without penalty if there was theft in my unit in texas?

maintaince was scheduled to do repairs in my unit between thursday and friday , upon returning my unit some things were missing in my unit , I made a police report and stated to the property manager that I no longer felt safe and violated and I wanted to rescind my contract, the only option I was... Read more »

John Michael Frick
John Michael Frick
answered on Sep 28, 2022

No, unless your written lease agreement specifically provides that this is a reason you may terminate your lease early. That would be an extraordinarily uncommon provision.

This is why you never allow other people to enter your unit when you are not home. You should always remain...
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1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for New Jersey on
Q: Landlord Tenant dispute, Landlord enters back of property without permission, has also failed to repair property

I live in a town where the Code Enforcement is very strict. Our landlord has a building next door to us with a connected back parking lot.

Our landlord consistently visits the property and complains about trash and our way of life, etc. to avoid having to get calls from Code Enforcement... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Sep 28, 2022

Every lease in NJ, both written and oral, are deemed to include the provision of quiet enjoyment. This means no one can enter the leased premises without the renter's permission unless it is an emergency such as a water or gas leak. If repairs are not made within a reasonable period of time,... Read more »

1 Answer | Asked in Contracts for California on
Q: Can I seek damages via small claims court from someone selling a vehicle who is taking bids after we agreed on a price?

I'm negotiating with a private party selling a used vehicle, and we agreed on a price via text message. It's a week later, and now they say they have a higher bid and are asking me to counter offer. Can I seek damages via small claims court for any price I pay over the original agreed-upon price?

James R. Dickinson
James R. Dickinson
answered on Sep 28, 2022

It would depend on, among other things, whether a legally-binding agreement was formed by the text messages. More information is needed, so speak with local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client... Read more »

1 Answer | Asked in Contracts for Kentucky on
Q: Can I terminate a contract with a co that is supposed to do remodeling and has done nothing in 3 1/2 weeks?

They were given $11,000 for first draw. They took out three walls of drywall and carpet then said the check didn't clear their bank and nothing happened for 2/ 12 weeks. I checked it was cashed on September 6. Then keeps telling me new start dates and no body shows up. Now is telling me he... Read more »

Timothy Denison
Timothy Denison
answered on Sep 28, 2022

Yes. Give them notice in writing.

1 Answer | Asked in Business Law and Contracts for Florida on
Q: I own a small business that I’d like to sell. I’m considering owner financing. Can an agreement include repossession?

I want to be sure I’m protected if the buyer defaults, or fails to maintain the business. The business is a franchised restaurant so there standards that need to be maintained. If the agreement includes a down payment, would I retain it as well?

Derek Allen Colvin
Derek Allen Colvin
answered on Sep 28, 2022

There is always some level of risk involved in every business transaction. Providing owner financing and the nature of the franchise relationship will need to be taken into account. You can't eliminate risk, but you can manage risk by contemplating these issues in an asset purchase... Read more »

1 Answer | Asked in Consumer Law, Contracts and Collections for Oklahoma on
Q: Judgment approved on 6/9/17. Garnishment affidavit filed 4/22/22. Garnishment approved 6/14/22. 5 year SOL has passed.

If SOL expired before wage garnishment was issued is it legal to take my money?

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 28, 2022

The statute of limitation to collect on a judgment is much longer than 5 years. The 5 year SOL applies to bringing the lawsuit. You have no statute of limitation defense.

1 Answer | Asked in Contracts, Personal Injury and Legal Malpractice for Georgia on
Q: is there a time limit in Georgia for serving interrogatories?
Michael W. Horst
Michael W. Horst
answered on Sep 28, 2022

The Uniform Superior Court Rules, which apply in both Georgia state and superior courts, provides the answer. Specifically, Rule 5.1 provides that in order for a party to utilize the court's compulsory process to compel discovery, any desired discovery procedures, like interrogatories, must... Read more »

1 Answer | Asked in Contracts for California on
Q: Can I sell a car that will not pass smog as scrap or junk in California?
James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

More information is needed to address your specific question. As a point of general information, I believe planned non-operative vehicles cannot be driven or parked on public streets [posing issues for those who may want to test drive the vehicle], but I believe they can be sold. To get advice... Read more »

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