The mandatory water test passed, yet buyer’s attorney demands that seller, me, pay for installation of water treatment system. I advised the attorney that the installation of the system is buyer’s responsibility, yet attorney has still not released the escrow funds back to SELLER. What do I... Read more »
Your contract to purchase the property should include language regarding the means for resolving escrow account disputes. Also, if the attorney provided an escrow agreement when you deposited the money, that agreement should also specify the means for resolving disputes.
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 »
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 »
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!
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 »
I received an offer letter from landlord that stated the new rent for a 12-month term, and the rent if converted to month-to-month. I asked if it was negotiable, and was told it was not. After considering the amount and my budget, I signed the offer letter and returned it. Upon receipt of the... Read more »
Your landlord is stuck. Contracts are formed upon the offer and acceptance. The landlord offered to renew your lease at the initial rental. By signing the letter you accepted his offer. The fact that he may have made a mistake in sending you the offer, doesn't change the fact that he did. Your... Read more »
Yes you do. In fact, you may have a valid cause of action for a claim of specific performance.
I filed in civil over a year ago and defendant defaulted.
The way you have posed the factual issues is insufficient to give a cogent response. My sense is that you should speak to an attorney directly.
Would this fee be a warranty of some sort.
IAS will replace an unrepairable windshield at no charge with zero deductible. It is frequently a fraud.
There’s no contract no text messages no direct messages ! This person is very shady as well ! Do I need to pay this person ?
Please do not pay this claim without any proof it is a verifiable obligation of the Estate of your deceased husband. If you did not sign anything, the claim, if verifiable, would be against the Estate of your deceased husband. It sould not be your obligation.
I was told that any new owners would have to accept our current lease.
Much more information would be needed to be known to properly answer your question. A lot would depend on the township you are in and whether they have rent control as some do in NJ. Other factors also exist even if your town does not have rent control on what the new owner can do also. I... Read more »
He was told his discharge from the hospital would not be allowed unless he took the Zoll company product. Otherwise the hospital would not let him go home.
Because he had no choice he took the Zoll company product that he did not want but was forced into accepting. If he was not released he... Read more »
Based on your brief description, I would argue that the requirement to accept the Zoll equipment is a contract of adhesion and not enforceable. You failed to mention whether there were other equipment available or other procedures which did not require the equipment. In any case, you have a... Read more »
I have reached out to the lender to repay the loan in full, in exact accordance with the judgement/court order. However, the lender is not accepting payment. They are just not responding. Is there a point where the debt can be cancelled due to not accepting payment in full or refusing to comply... Read more »
Debts just do not get magically canceled. If it is appropriate and cost-effective you should simply file for bankruptcy, but that cannot be determined here. The creditor is under no obligation to take payments, but will almost certainly serve you with an information subpoena. You can have a secure... Read more »
With the EO insurance can someone still come after my personal asset that are attached with my spouse? The business services as a General Notary and Notary Signing Agent.
My advise is that you speak to a CPA to discuss the tax implications. Thereafter once a decision is reached an attorney can be retained to prepare the appropriate documents for filing.
Yes, the office and term should be indicated on the ballot.
Our board says it's not a binding vote but a affirmation that he is now a trustee and done in a closed executive meeting
Each HOA operates under its own set of rules. You need to review the organic documents of the HOA to determine the answer to your question.
Contract purchased on 11/30/2021 at Smuggs for Whydam.
Contact an attorney in Vermont for best results.
I trade futures as a contractor for a company. We have a contract in place. They owe me $16,248. They've paid me in the past, but suddenly everything is delayed and unresponsive, and I can never get a straight answer from these people. What is the fastest/best way to sue them for my funds... Read more »
Waive the amount over $15000.0 and file suit in Special Civil Part if you wish to sue for the full amount, you file in Superior Court. It will take years for a final resolution. In Special Civil Court, the matter will usually be heard in less than six months. Although Covid may cause a slight delay.
resolved through arbitration in accordance with AAA rules. However, in AAA Consuner Rules, R-9. 'Small Claims Option for the Parties' reads as 'If a party’s claim is within the jurisdiction of a small claims court, either party may choose to take the claim to that court instead of... Read more »
Yes, you may proceed with filing a small claims action against the auto dealership. However be sure to follow what requirements or stipulation the AAA requires in order to proceed with filing a small claims court action.
Thank you so much for you time? The case is Pro Se against my mortgage servicer- I filed electronically in Essex County NJ Civil
Wondering too what is best way to deliver the defendant’s paperwork - priority mail, FEDEX or service processor. My apologies - I hope the 2nd question is... Read more »
Trying to represent yourself in a mortgage foreclosure defense case against trained mortgage foreclosure attorneys is not going to work out well. You need to really retain an experienced mortgage foreclosure defense and bankruptcy attorney. Failure to do so is a virtual guarantee of losing your... Read more »
We entered into a large contract for a backyard renovation over a year ago. A start and end date estimate were included in the contract but we are many months beyond those, with no physical work having been started. We know he obtained a survey and hired an architect shortly after the contract... Read more »
Yes. Also, fact dependent, you may be able to recover treble damages and legal fees. Speak to an attorney who is familiar with consumer fraud matters.
Thank you for your time. I purchased 2 online courses earlier this year. 1 in January for 1257.00 the other in March for 750. I fell sick within 2 weeks and I am still recovering to this day. I have prepared limited medical documents since I don’t have health coverage along with an... Read more »
The best course of action is to file a small claims complaint demanding the return of the paid tuition. If no settlement is agreed to, the matter will be heard by a judge. The judge will determine whether a refund is warranted. The judge’s decision will decide the issue.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
