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Iowa Contracts Questions & Answers
1 Answer | Asked in Products Liability and Contracts for Iowa on
Q: i bought a motor home from a private seller who told me it ran perfectly and had no issues. it caught fire a month after

a day after i got it it started dying on me anytime i started it. i found out the carburetor was rebuilt and wrongly at that, pieces missing and bent. then i found out they rewired it to add air conditioners which crossed with the fuel line. i was driving it the next day and it caught fire with my... Read more »

Tim Bottaro
Tim Bottaro answered on May 6, 2021

I'm sorry but I don't practice in this area of the law. I would suggest you search for someone under auto sales; possibly breach of contract. Your matter deals with a transaction rather than a personal injury such as in a car crash case. You should try to focus in your part of the state... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Iowa on
Q: Do I have to sell my home if co-owner wants to sell.

I was awarded the property in my devorce. Former friend Co signed for a loan for $63,550 5 years ago. To pay off the existing $35,000 and repairs to the home .

he want to sell it with him getting. 1/2 after I refused marrage to him.

Its all I have . Iam on disability.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 28, 2021

Yes. In this situation either owner can force the other owner to sell the property. It is called an action for partition.

1 Answer | Asked in Civil Litigation and Contracts for Iowa on
Q: I have a question about an apartment lease

I signed an apartment lease where it was stated I could pay rent by check or money order. About a month after signing the lease, the leasing office said they would no longer accept checks or money orders but that I must get online and allow the leasing office access to my banking account to draw... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 10, 2020

This is something that an Iowa landlord-tenant attorney would know best; your question may have gotten overlooked for three weeks in these other categories. You could repost under Landlord-Tenant or reach out to a L-T attorney. If you reach out to an attorney, they would likely ask to see a copy of... Read more »

2 Answers | Asked in Banking, Consumer Law and Contracts for Iowa on
Q: I was paid over $5000 by a company to advertise on my car. I deposited it into my bank and spent it.

The checks came back as fake and now my bank wants me to pay all the money back to them. I'm on Social Security Disability and can't afford to do that. Since my bank is FDIC insured, won't they get their money back that way? Am I really obligated? After all, the only true victim is... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Sep 3, 2020

FDIC insurance covers you (the funds in your deposit account) if the bank fails (kind of like going bankrupt). As an account holder you are responsible to the bank for all checks deposited into your account. This is covered by law (under the Uniform Commercial Code) in every state, and all banks... Read more »

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1 Answer | Asked in Contracts and Real Estate Law for Iowa on
Q: If my apartment company is changing ownership mid-lease, is this grounds to terminate the lease by my choice?

We recently had to move cities due to a new job but are still paying on our apartment in the old location because our lease is not up yet. Our apartment company notified us that they are changing ownership and that all rent needs to be paid to the new owners starting immediately. Because our lease... Read more »

Erik Luthens
Erik Luthens answered on Jan 24, 2020


1 Answer | Asked in Banking, Business Law, Civil Litigation and Contracts for Iowa on
Q: Re: 3rd party financing thru a dealership. Is it legal to have someone sign an assigned contract if its already denied?

A bank denied credit before we signed. Dealer never told us but had same banks name on contracts as assignee.

Erik Luthens
Erik Luthens answered on Jan 5, 2020

This question is too fact intensive for an online forum. You need to immediately retain an Iowa attorney to obtain an informed opinion.

1 Answer | Asked in Contracts and Animal / Dog Law for Iowa on
Q: Can I sue a Barn Manager for neglet and verbal abuse? How much evidence would I need to win my case if I choose to sue?

I had my horse in the care of a local barn. A few weeks after I moved him their the barn manager left him and several others without water. Had I not been there to fill up the water buckets I believe that they all would have coliced as they would have been without water for over 12 hours. She also... Read more »

Erik Luthens
Erik Luthens answered on Dec 13, 2019

You believe that your horse “deserves justice” because he’s hungry? If you have at least $10,000 to pay an attorney to work towards justice, you might have a case.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Iowa on
Q: I worked for a company 6 months ago. They still havent paid me and are now saying I was "self contracted".

I was hired not knowing I was self contracted. The owner kept saying she would pay me on different dates and when those dates came she made excuses and no payment was recieved. She still hasn't paid me what she owes. There is also another "employee" she has done this to, she owes the... Read more »

Erik Luthens
Erik Luthens answered on Nov 7, 2019

It appears that the owner of the company is asserting that you are an independent contractor rather than an employee; there are many factors which determine this. You should immediately contact an Iowa attorney who handles employment / workers’ compensation claims.

1 Answer | Asked in Civil Litigation and Contracts for Iowa on
Q: I live in Iowa and i am on a month to month lease. I have been here over 2 years now and always paid my rent in full

From my pocket. It's been late a hand full of times but I've always paid late fee. Recently myself and significant other ran into some hard times. We are both jobless, he is receiving his last check from unemployment, and we are unable to pay the rent this month. We went to general... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 25, 2019

Find a way to pay the $300 immediately. By allowing you to pay partial payments your landlord will have a difficult time explaining why he stopped doing it--right after agreeing to do the general assistance thing. It sounds like the landlord (or perhaps the owner?) does not want the hassle of... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Iowa on
Q: I can prove perjury effected outcome of small claims in Iowa. Can I sue them again in small claims?
Erik Luthens
Erik Luthens answered on Dec 9, 2018

If the appeal time has not yet run, you should raise that issue on appeal. If the appeal time has passed, you can try to file another action based on the fraud perjury) the other party committed.

1 Answer | Asked in Civil Litigation and Contracts for Iowa on
Q: I hired a business to do all my hard work. He showed one day for maybe 45 min. Said he would be back later to finish fro

I had to text him he said he never guaranteed hed be back. He said he would be back two days later. He did not. Once again I had to contact him. He said he would be there the next day early and his crew would also be there. Once again nothing from him.i text him he said he would come 2 days from... Read more »

Erik Steven Fisk
Erik Steven Fisk answered on May 8, 2018

Legit case? Maybe, for whatever amount of the $200 he didn't earn. I don't see why he would have to pay you for new lawn service, though.

1 Answer | Asked in Consumer Law, Contracts, Small Claims and Civil Litigation for Iowa on
Q: Can you sue in small claims court for money and the termination of a contract on a car?

I was sold a car and the dealership committed fraud and lied in their contract. The contract is worth 18,000. I want to retrieve $5,000 from them and also want the debt of the contract to be gone. Can I do this if the small claims court max is $5,000?

Harley C. Erbe
Harley C. Erbe answered on Jan 11, 2018

If you have good evidence of fraud, there's no reason to limit yourself to small claims court. You should instead pursue a claim in regular district court under Iowa's private consumer fraud act, Iowa Code Chapter 714H. I have information about that law on my website. Iowa Code Chapter... Read more »

1 Answer | Asked in Consumer Law, Contracts and Animal / Dog Law for Iowa on
Q: Iowa - Is it illegal to record personal phone calls without the other persons consent?

I have an app on my phone that records all my phone calls. I've recently been harassed and threatened. Can I use those recorded calls in court even though I didn't have the other persons consent or knowledge of the call being recorded?

Stephen Douglas Lombardi
Stephen Douglas Lombardi answered on Oct 25, 2017

Generally speaking so long as one person to a conversation has given permission, the call can be recorded. If recordings are legally obtained, so long as there is not another reason, the evidence is admissible.

1 Answer | Asked in Contracts and Animal / Dog Law for Iowa on
Q: Iowa rescue shelter is threatening to file a claim for breach of contract. What are my rights?

I adopted a 7 week old puppy that got severely ill within 24 hours of adoption. I took him to my vet who admitted my pup to puppy hospital. I alerted the shelter right away that he was sick and admitted. The shelter said they would do whatever they could to make it right. They offered a settlement... Read more »

Stephen Douglas Lombardi
Stephen Douglas Lombardi answered on Oct 25, 2017

It is improper and may even be a crime for someone to threaten to have someone put in jail over a disputed civil matter, such as an unpaid bill. In Polk County we refer to that as extortion. The contract you signed is what governs who should pay for what and when.

1 Answer | Asked in Contracts and Real Estate Law for Iowa on
Q: I have a land contract. The buyer is trying to force me to take full payment immediately.. Can he do that?
Harley C. Erbe
Harley C. Erbe answered on Aug 8, 2017

This question can't be answered through this service. The contract would have to be reviewed. Details of the underlying situation would have to be gathered. To get competent, useful advice, you'll likely need to schedule a meeting with an attorney.

1 Answer | Asked in Contracts, Business Law and Landlord - Tenant for Iowa on
Q: I am considering a commercial real estate lease in Iowa. The Landlord's attorney will not put just my business name.

I have an LLC, but they insist I also need to be named a Leasee individually. The purpose of the LLC is to maintain separation from me individually, so I don't want to be on the Lease as an individual, just the LLC. Is this legal?

Glenn B. Manishin
Glenn B. Manishin answered on Apr 20, 2017

Unless Iowa-specific state statutes or court decisions say otherwise, a landlord or other creditor is entitled to ask for a personal guarantee from a corporation's principals. You are also entitled to say no.

1 Answer | Asked in Contracts for Iowa on
Q: Where can I find a copy of the Iowa Prompt Payment Act?
Glenn B. Manishin
Glenn B. Manishin answered on Mar 9, 2017

1 Answer | Asked in Contracts for Iowa on
Q: Me and some friends are starting a independent music business. Should we have a contract ?

Being an independent business, does that mean we dont need a contract ? Do you always want to have a contract no matter what ?

Glenn B. Manishin
Glenn B. Manishin answered on Feb 8, 2017

It is always best to have a written contract. Note that a contract can be formed orally or by the actions of the parties, and sometimes the law will "imply" a contract to prevent unjust enrichment or other injustice. Since many businesses fail, a written contact would avoid... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law, Contracts and Legal Malpractice for Iowa on
Q: I was not given any advance notification that my attorney was leaving the law firm, is this acceptable?

I retained an attorney in Iowa (I live in Montana) to represent me in a real estate matter concerning property in Iowa, in March 2016. I have sent a $12,500 retainer, and about half of it has been spent. Today I was informed the the attorney has left that firm and another attorney is picking up... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 18, 2016

You should have been told in advance, but if there was an emergency--illness etc--then advance notice need not be sent.

As they have your file assuming things are moving along, you need to speak with them find out what their background is what their plans are etc.

1 Answer | Asked in Contracts for Iowa on
Q: Just purchased a car from a dealership and afraid of yo-yo financing scam

On the contract, it states "How this contract can be changed: Important: Read before signing. The Terms of this agreement should be read carefully because only those terms in writing are enforceable. No other terms or oral promises not contained in this written contract may be legally... Read more »

Adam Studnicki
Adam Studnicki answered on May 29, 2015

That language won't necessarily prevent other language in the agreements you signed from giving them wiggle room on financing. Hard to say without reading all the agreements.

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