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Georgia Contracts Questions & Answers
1 Answer | Asked in Consumer Law and Contracts for Georgia on
Q: Can I sue if I went to go apply for a apartment and they told me it would be a soft inquiry but it ended up being hard

I went to apply for a apartment I email and made sure to ask if it would be a hard or soft inquiry they said soft but lied and ended up being hard and the company that ran my credit won’t dispute it because I signed

T. Augustus Claus
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answered on Aug 10, 2023

If you were explicitly told that your credit check for the apartment application would be a soft inquiry and it turned out to be a hard inquiry, you might have grounds for a complaint. A soft inquiry does not typically impact your credit score, while a hard inquiry can.

To pursue this, you...
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1 Answer | Asked in Contracts for Georgia on
Q: I rented a trailer from U-Haul, July of 2022. It has been left on my property. When is it mine?

We have spoke to them, left voice mails multiple times.

James L. Arrasmith
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answered on Aug 6, 2023

Regarding your situation with the rented trailer from U-Haul, the ownership rights and responsibilities would typically be outlined in the rental agreement and governed by the terms and conditions set forth by U-Haul. To determine when the trailer becomes yours or to address any issues, I recommend... View More

1 Answer | Asked in Contracts, Real Estate Law, Civil Rights and Federal Crimes for Georgia on
Q: My boyfriend and i signed rent to own papers and paid the house off. Owner forged his name left mine off the deed. Legal

They quick claimed it without my knowledge and without my name being added.

Anthony M. Avery
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answered on Jul 14, 2023

If you were a signature party to the land contract, then you sue the seller/grantor for breach of contract. Hire a GA attorney that does real property litigation. A Notice Lis Pendens will need to be filed. All interested parties must be defendants (besides you) for setting aside the Deed or... View More

1 Answer | Asked in Contracts, Business Law and Mergers & Acquisitions for Georgia on
Q: What is a business trust? And how does one purchase a business that is owned by a trust and an individual? Thanks
T. Augustus Claus
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answered on Jul 7, 2023

A business trust is a legal entity that holds and manages property or assets for the benefit of beneficiaries. It is formed through a trust agreement, where a trustee holds legal title to the assets and manages them according to the terms of the trust.

When purchasing a business owned by a...
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1 Answer | Asked in Contracts for Georgia on
Q: Hey I'm in a walk away lease with a mega carrier and I have been to the shop multiple times the problem doesn't be fixed

And they hold me in the shop 3 to 4 weeks with no pay so I have to cover 2 bills for the same problem what can I do? My lease is paid off but I can't get the maintenance bill done

T. Augustus Claus
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answered on Jul 6, 2023

In situations where you're facing ongoing maintenance issues with your leased vehicle and the carrier is not addressing them adequately, it's important to review the terms and conditions of your lease agreement. Look for provisions related to maintenance and repairs, as well as any... View More

1 Answer | Asked in Civil Litigation, Real Estate Law and Contracts for Georgia on
Q: Is whether a business carries insurance public knowledge? Could I look this information up online?

I am looking for information on a home inspector / LLC owner.

Peter J. Weinman
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answered on May 25, 2023

A home inspector's insurance is not public information. Although you did not say why you're asking, if it's because you want to sue an inspector for failing to spot a problem (the typical reason), you should look to your agreement with the inspector and you'll probably notice... View More

1 Answer | Asked in Contracts and Construction Law for Georgia on
Q: I just recently bought a new house Dec 2022 still under warranty that has got construction defect - slab soaking water.

Garage concrete is soaking water most especially when it's rained. According to the repairer that came to fix the problem, there is a Crack on the slab causing the problem. Fix is to put a pump on the garage floor to evacuate the rain water. That's not acceptable to me to have to rely on... View More

Jonathan Avi Barash
Jonathan Avi Barash
answered on May 15, 2023

One thing I will tell you is the before you can bring a lawsuit for this defect you will need to go through the "Right to Repair Act" process which requires a specific kind of notice be send to the contractor/builder in a specific way. There is some information about the Right to Repair... View More

2 Answers | Asked in Business Law and Contracts for Georgia on
Q: Personal vs business name on a contract?

I am a physician independent contractor doing locum jobs. I have my own LLC. I am having a new part-time job, what name should I put in that locum contract? My name or the business LLC name? Does it matter? Can I simply use my name and have the LLC name put on the W9? Thanks

Jonathan Avi Barash
Jonathan Avi Barash
answered on May 15, 2023

People set up LLCs for various reasons, but primarily for tax reasons and to limit their personal liability. As far as the latter reason, while an LLC could limit your liability for business debts, it probably won't limit your liability for any malpractice claim as such claims are almost... View More

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1 Answer | Asked in Contracts and Real Estate Law for Georgia on
Q: Earnest Money returned. My investor purchased a property and signed an Assignment Agreement

Thank you for any help. This contract was an assignment. Wholesaler 1 gave to Wholesaler 2. My understanding now, this contract was assigned to an Real estate agent, Agent Wholesaled to 1. Wholesaler 1 to 2. Investor purchased a property and signed a non refundable agreement sold as is.... View More

James Clifton
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James Clifton
answered on Apr 19, 2023

The simple answer is you file a lawsuit naming all of the parties - the original seller, wholesaler 1, wholesaler 2, and the real estate agent. One of the biggest issues with wholesaling is that it has severe issues with fraud. Oftentimes, there is a failure to disclose the property condition,... View More

1 Answer | Asked in Insurance Bad Faith and Contracts for Georgia on
Q: What type of lawyer do I need to look for for suing an insurance company that is not my own?

An Insurance company is refusing to reimburse me for a rental car that I used why my vehicle was being repaired after being involved in an accident that was caused by there insured driver. They have only reimbursed me about a third of what the total cost is and refuse to tell me why they wont... View More

Tim Akpinar
Tim Akpinar
answered on Feb 27, 2023

A Georgia attorney could advise best, but your question remains open for a week. An accident or civil litigation attorney should be able to handle something like this. As for the carrier's position on low reimbursement, additional information is needed. If they don't agree with you on the... View More

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Georgia on
Q: If I'm under an at will lease and a diff company took over who's lease do I follow? Never seen new company lease
John Michael Frick
John Michael Frick
answered on Feb 10, 2023

You follow the lease you signed until you sign a new lease.

It is common for both residential and commercial properties to change ownership. Leases, security deposits, etc are routinely assigned in such a sale. If you recorded your lease in the deed records before the sale, the new owner...
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2 Answers | Asked in Contracts and Personal Injury for Georgia on
Q: What code section covers un-disclosed principals ?
Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Jan 18, 2023

The code section that covers un-disclosed principals is OCGA) Section 10-2-318. This section states that an agent may act for a principal who is not disclosed and that the contract is enforceable by and against the undisclosed principal as if he had been disclosed. Hope this helps!

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2 Answers | Asked in Contracts and Personal Injury for Georgia on
Q: What code section covers un-disclosed principals ?
Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Jan 18, 2023

In the state of Georgia, the code section that covers un-disclosed principals is found in the Official Code of Georgia Annotated (OCGA) Section 10-2-318. This section states that an agent may act for a principal who is not disclosed and that the contract is enforceable by and against the... View More

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1 Answer | Asked in Consumer Law, Contracts, Estate Planning and Family Law for Georgia on
Q: I'm in Georgia. I am suing a large Bank as my FBO Trustee. The actual person was incompetent & milked account for 7 year

Refused to release a small portion 5 years ago for a house purchase. Psychological harm, then they invest the money and refused to honor my wishes to take profits and then set it aside for home purchase when the trust would expire 12/31/22. The amount in fees was about 40% of the start amount.... View More

John Michael Frick
John Michael Frick
answered on Dec 30, 2022

I am not a Georgia lawyer and you absolutely should consult a Georgia attorney with your situation. But, ordinarily, things like refusing to honor your wishes to release funds for the mortgage, etc. aren't good claims against a trustee by a beneficiary. A Settlor puts money into a trust for... View More

1 Answer | Asked in Contracts and Civil Litigation for Georgia on
Q: I am having difficulty receiving a refund that is owed from a previous auto ins policy.. is there anyone who can assist?

I am having difficulty receiving a refund that is owed from a previous auto ins policy.. is there anyone who can assist? The policy was cancel because I moved to a new state. I am owed a refund and I am yet to receive it, almost 3 months. I have been given a run around. I am wondering if there is... View More

Tim Akpinar
Tim Akpinar
answered on Nov 25, 2022

A Georgia attorney could advise best, but your question remains open for four weeks. Yes, there are attorneys who can help you - an experienced civil litigation attorney could handle something like this. But based on the size of the refund, you might be able to save money by handling the matter... View More

1 Answer | Asked in Consumer Law and Contracts for Georgia on
Q: Can I sue a car dealership for selling me a vehicle they did not fix?

A car dealership sold me a vehicle that needed a part replaced. The part was never replaced and the sales lady told me to come pick my vehicle up. I spoke to the manager and he told me it was bad communication between the teams. I have had to put thousands of dollars toward fixing my vehicle... View More

Michael L. Thompson
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answered on Feb 12, 2024

Your claim is not a product liability case, which applies when a manufacturer sends out a vehicle with a flawed or dangerous problem, like air bags that blow metal shards into the driver's face. Your issue is a contact issue. You can either hire an attorney or see if the small claims court for... View More

1 Answer | Asked in Contracts for Georgia on
Q: on file it states a sheriff served me directly, but i was not served directly i live 2 hours away

just wondering if i have a fighting chance

T. Augustus Claus
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answered on Dec 20, 2023

If the court documents state that a sheriff served you directly, but you were not actually served and live two hours away, you may have grounds to challenge the service of process. In Georgia, proper service is crucial for the court to have jurisdiction over your case. You can raise this issue with... View More

1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for Georgia on
Q: We've been in a rent to own house for about 6-7 months now, we got it as is and the landlord lied about what was needed.

Now we have ran into leaking pipes, he won't pay for it to be fixed, the wood is rotted in my kids bedroom from water damage. He said he self insures, and he won't fix water damage even though the floor could fall through. He said it covers if the house catches fire or a tornado blows it... View More

Anthony M. Avery
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answered on Nov 27, 2023

You own nothing but a lease with an option. You might want to move unless the owner will give you a deed in exchange for a note secured by a mortgage. Usually renters are evicted and all monies paid in are forfeited.

1 Answer | Asked in Contracts for Georgia on
Q: Hello! I am in a pawn contract that is being broken by 1 cent, can I get out this contract?
Tim Akpinar
Tim Akpinar
answered on Nov 12, 2023

A Georgia attorney could advise best, but your question remains open for four weeks. An attorney would probably have questions about the underlying contract and the facts of the situation. But as a general matter, the other side might argue that one cent is an insignificant and unjustifiable basis... View More

2 Answers | Asked in Contracts, Business Law and Collections for Georgia on
Q: Lawncare company has serviced our yard for 18 months after we cancelled verbally. Now they are threatening to sue.

We have a verbal arrangement with a local lawncare company. When they were servicing our yard, they ran over our irrigation system twice. on the second time the crew stopped and i told them we need to pause service until the boss comes out to discuss, i spoke with him and he mentioned he would come... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 8, 2023

Possibly. You would have to prove you canceled the service, and convince the court that you believed 18 months of lawn service was merely a gesture of goodwill. See an attorney for an assessment of your defense. Try working it out.

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