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1 Answer | Asked in Contracts for California on
Q: I am unhappy with services from ADT. Can I get out of a contract?

I am in a 2 year contract in California and would like to cancel my services. However, because I have 18 months left in the contract, I would have to pay a 75% penalty of the remaining months. They have been unhelpful with tech support and I have been dissatisfied. Is there any way I can legally... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on May 10, 2022

Three initial steps towards resolution: [1] outline how you are not happy with their delivery of services to their customer service department ... and let them know that various social media outlets, like Yelp, will hear of your dissatisfaction with their support/tech services ... and you are... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: We are selling a trailer and the park office has flagged our potential buyer for no credit asking 2 years rent upfront.

What is our recourse?

Barbara Billiot Stage
Barbara Billiot Stage answered on May 9, 2022

The park owner is not required to allow someone to move in because they are credit risk. You would need to find a new buyer if the buyer is not willing to prepay the rent.

1 Answer | Asked in Contracts for Alabama on
Q: Do text messages count as legally binding contracts?

Last year we sold some land. It was under the stipulation that we would knock of 20,000 if they deeded 3 acres back to us. This would occur after the sale and when we could get those acres surveyed. This agreement all took place through text. Now they will not deed us the land back. They say we... Read more »

Bettie Carmack
Bettie Carmack answered on May 8, 2022

If the other party has an attorney, it is advised that you hire an attorney to review the transaction and the text messages in question.

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: Acceptance now just let someone lease a product from them under my name without checking identification.

The transaction took place in Portland Oregon and I live in Florida. If they had followed the process of checking an ID they would not have leased the product.

Terrence H Thorgaard
Terrence H Thorgaard answered on May 8, 2022

And you want to know what to do about it? Since you somehow found out about it, you should immediately inform them, in writing, that it was not you who leased the product. If they eventually file suit against you about the lease, they might do so in Oregon. In that case you will need an Oregon... Read more »

1 Answer | Asked in Contracts for New York on
Q: Signing as poa without adding "as poa for John Doe", is that valid?
Tim Akpinar
Tim Akpinar answered on May 7, 2022

It could sometimes depend on what the entities require, based on their own policies and practices. Ordinarily, the legal instrument establishes a power of attorney. However, some institutions, such as banks, will still request the letters "POA" included for financial transactions such as... Read more »

3 Answers | Asked in Business Law, Contracts and Tax Law for California on
Q: If I am helping a friend lease a business space for HIS business, do I need to report anything to the IRS on my end?

My friend is starting up a business, he’s doing good and now needs a shop to work. He does not have the credit to lease a place. He asked me to help him lease in exchange for 10% of earnings. What would I have to report to the IRS or does his total earnings affect me in any way? I am aware I’m... Read more »

Rogelio (Rod) B. Tuazon
Rogelio (Rod) B. Tuazon answered on May 6, 2022

Although not mandatory, I hope you have this agreement in writing. The 10% payment in exchange for co-signing a lease is considered in the broad definition of gross income. So, the short answer is yes, it must be reported to the IRS. Your friend may also have an obligation to issue you a 1099, so... Read more »

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2 Answers | Asked in Consumer Law, Contracts and Small Claims for New Jersey on
Q: Can I file a smalls claims suit in NJ even if the home warranty contract contains an arbitration clause?

15. Arbitration. Any disputes resulting from this Agreement or any dispute resulting to Select's home service contract service

shall be construed and enforced under the laws of the State of New Jersey. You hereby submit to the jurisdiction of the courts

of New Jersey and waive... Read more »

William N. Sosis
William N. Sosis answered on May 6, 2022

Arbitration clauses are matters of contract. In your case it's a "Home Warranty Contract". If the conduct of the party wanting to enforce the arbitration clause against you amounts to a material breach, then the court won't enforce the arbitration clause. A good remedy for a... Read more »

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1 Answer | Asked in Contracts for Kentucky on
Q: We had a contract with a man he said he would purchase material and do labor. It said he would buy material but he didn’

He said buying material to time consuming. Now he wants payment in full

Timothy Denison
Timothy Denison answered on May 6, 2022

Don’t give him a dime until he performs exactly as the contract requires.

1 Answer | Asked in Contracts and Copyright on
Q: Artist Work for Hire Copyright Question: Do Work for Hire contracts need to be professionally written?

I want to hire an artist to draw art for me. I plan on printing and selling this art. Legal contracts are very scary and long. Can I just write my own using plain English? Example: I write on a Word document or email "I pay artist to give me art. I will reprint and sell this art." Will... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on May 5, 2022

The agreement for a work-for-hire need not be elaborate. But it should be in writing, dated, and clearly state (1) what work is the subject, (2) the names of the artist and the hiring party, and (3) that the work is a "work for hire."

1 Answer | Asked in Contracts, Foreclosure and Real Estate Law for California on
Q: What makes a loan document void
Rogelio (Rod) B. Tuazon
Rogelio (Rod) B. Tuazon answered on May 4, 2022

This is quite a broad question to answer. If you have specifics, it would be easier to identify if the loan may be void or voidable.

There are several ways to challenge the validity of a loan. If there are missing terms, such as the number of years to pay or the interest rate the lender...
Read more »

1 Answer | Asked in Contracts for Florida on
Q: Is this breech of contract?

I am a physician and my contract states that my quality bonus, "to be paid within ninety (90) days after the end of each calendar year". It is now May 4th which is 114 days after the end of the year. Wondering if this is breech of contract and would I have options to get out of my... Read more »

Charles M.  Baron
Charles M. Baron answered on May 4, 2022

Best for you to consult an attorney in person, for review of the contract. Sounds like the employer is in breach, but it depends on whether a "quality bonus" is mandatory or discretionary. If the employer is in breach, the first step is for you to request compliance, and if they refuse,... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: Is it legal for an agent to sell her clients properties to her broker without disclosing and resell them before closing?

My son signed a contract to sell 4 inherited properties for far undervalue. His agent never had him sign a listing agreement or listed on MLS, now he found out the buyer is her broker. Same agent has contract to sell 1 of the properties for 50k more and has put signs on others. She insists a... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on May 4, 2022

Your son needs to consult with a real estate lawyer immediately. This is not something you are going to be able to resolve with advice on the internet because a lawyer needs to review the contract and any other documents he signed.

2 Answers | Asked in Employment Law, Sexual Harassment and Contracts for California on
Q: We’re beginning to explore options of filing a lawsuit for Hostile Work Environment against my wife Tawny in CA.

Need Advice and Attorney: We also need to explore options of filing a lawsuit for miss-classification for both of us. We're in the insurance industry, we're 1099 Independent Contractors but we're treated and controlled as employees. We currently live in CA, the main company is in... Read more »

Neil Pedersen
Neil Pedersen answered on May 3, 2022

If you are looking for someone here to respond by saying they will look at your case, this Q&A site does not allow that. You will have to seek out and consult with attorneys to see if you have a meritorious claim. And you should do that because many people seriously misunderstand the concept... Read more »

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1 Answer | Asked in Contracts, Business Law, Intellectual Property and Trademark for New Jersey on
Q: I am a wellness consulting company and I would like to know what are the basic terms outlined in a business contract?

I am a small business wellness consulting company providing services to non-profit and health care organizations and I would like to know what terms should be included in my contracts? Additionally, are there any pro-bono resources that can assist with this? Thank you!

Robert Kost
Robert Kost answered on May 2, 2022

You can begin to understand the basic components of a contract here:

https://www.contractstandards.com/public#contracts

Choosing among clauses, authoring the right clauses, and assembling a contract that makes sense for you is the job of an attorney. It is a skill and an art, and...
Read more »

1 Answer | Asked in Consumer Law and Contracts for California on
Q: I have a roof leak caused by the installation of solar panels.

Roof leaks are covered under warranty by solar company. I have been in contact with them for a few months but they have yet to bring anyone out to have a look at the roof. Is there anything I could do about this situation?

Scott Richard Kaufman
Scott Richard Kaufman answered on May 2, 2022

Sorry for your issues. There are many options.

To me, since you do not want massive damage you get it fixed asap AND

make sure those who ARE fixing make a record that it was in fact the

SOLAR people's fault. THEN later, imho, you go after the solar folks.

Good luck with it...

1 Answer | Asked in Contracts, Family Law and Small Claims for Georgia on
Q: Can I file a case in small claims court if one parent will not split the medical cost?

I have a CS order that state medical cost are to be split 50/50. I am looking for a judgement for repayment.

Homer P Jordan IV
Homer P Jordan IV answered on May 2, 2022

You may be able to do that. Contact your local court to inquire about the process.

1 Answer | Asked in Contracts for Ohio on
Q: Can my ex sue me for throwing out his stuff when it’s been well over 6 months?

We have no verbal or written agreement for when he should get his stuff. Also I have only promised to keep his things while we were together. We broke up July 2021 and it is now May 2022. I also told him on August 12th, 2021 to come get his own things and that I was no longer helping him.

Joseph Jaap
Joseph Jaap answered on May 2, 2022

To be absolutely safe, an eviction action would allow his thing to be throw out legally. Some people would send a written letter and give a deadline of the date to come pick things up, or they would be thrown away. But that is risky. Anybody can sue anyone for anything. If you just throw his... Read more »

1 Answer | Asked in Contracts for Maryland on
Q: If an agreement between 2 parties was signed and dated, is this considered a legal and binding document?

My ex-wife and I created an agreement before divorce and it included the proceeds from the sale of a property. If this property is sold, the proceeds would be split 50/50. we both signed and dated this agreement at the time. it was also added to the divorce decree as well. would this be considered... Read more »

Mark Oakley
Mark Oakley answered on May 1, 2022

It certainly sounds so, and if it was incorporated (but not merged) into your judgment of absolute divorce then it would be enforceable by contempt proceedings under the judgment as it now has the force of a court order. Obviously, without reviewing the agreement for any other issues, no lawyer... Read more »

1 Answer | Asked in Contracts for Florida on
Q: If I have the certificate of shares for a company, does that entitle me to it's value? Can I sell it?

I was given a locker with a bunch of stuff still in it. Among the papers and tools I found a certificate of shares for a company.

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 30, 2022

Yes, you can probably sell the shares.

1 Answer | Asked in Consumer Law and Contracts for California on
Q: I bought a car from a dealership in 5 years paid off the loan without missing/late payments, and never received a title

Contacted CA DMV with the notarized lien satisfaction letter and they don't have a title to issue me. Contacted the financial institution who were in charge of the loan and they don't have a title for the vehicle either. Registration states that No title issued/vehicle not transferable.... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Apr 29, 2022

Assuming all facts to be true and correct and these are the only facts, yes, you would have a case v. Dealer and v. Holder of the contract, here, you've described them as a 'financial institution.'

The lawsuit may be substantial but if you are a non atty, you are more...
Read more »

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