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Oregon Contracts Questions & Answers
1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Q: I was not given a copy of lease I signed for this Apt, I asked for copy and copy had changes that were not on lease when

I signed. Crossed out and written in by hand. Is this legal?

Katherine Goodman
Katherine Goodman
answered on Aug 30, 2022

Generally, contracts/ leases are not modified unless both parties agree, consent, to the modifications. However, without seeing the lease agreement and without more facts a local landlord tenant attorney would be unable to answer your question. If you have not reached out to a local landlord tenant... View More

1 Answer | Asked in Landlord - Tenant and Contracts for Oregon on
Q: So I have a bunch of questions, 1. Can you sue someone who evicted you during covid when not allowed and lock change

Also kept deposit and all my stuff

Gregory L Abbott
Gregory L Abbott
answered on Jul 25, 2022

It is unlikely that someone actually evicted you when they were not allowed to - if you believed they were not allowed to, you should have taken the matter to court and had a Judge dismiss their efforts. If, however, you simply moved out as a result of their request, that is not really evicting... View More

2 Answers | Asked in Contracts, Landlord - Tenant and Personal Injury for Oregon on
Q: Who is responsible 4 damage caused by third party installation company (water damage/asbestos disruption in a rental)?

Washer/dryer, delivery/installation were purchased directly from a big box store (BBS). BBS hired a third party for D/I. Install done incorrectly, water flowed from washer during first cycle. Installer admitted & corrected install. Damage repair requires asbestos abatement. BBS says not... View More

Katherine Goodman
Katherine Goodman
answered on Jul 5, 2022

If you have not made a claim with your own rental insurance you should do so. Additionally, depending on what your lease agreement says you or your rental insurance may be responsible for the repairs and depending on the contract you signed with the installer/store as well. It is hard to say as... View More

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1 Answer | Asked in Contracts and Employment Law for Oregon on
Q: Can an employer in oregon force you to buy out your contract when you make 50k a year, when breaking contract?

My fiance is breaking her employment contract to start a new job in a different career. Her current employer and other employers are telling her mixed things. Some people say she does not have to pay out her contract because she makes under 100k a year. They are expecting her to pay out 40% of her... View More

TeAnna Rice
TeAnna Rice
answered on Jul 1, 2022

Employment contracts are just that, contracts. Hire a local employment law attorney in your area to review your contract, as a legal opinion cannot be given without it.

1 Answer | Asked in Contracts and Civil Litigation for Oregon on
Q: Can i sue the dealership?

I have a 60 day warranty. I brought it back after one week and told them we’re where issues, they said I’d have to pay 180 for diagnostic even though on paper it said 60 days DEALERSHIP PAYS for labor, parts used, diagnostics, etc. still tried to make me pay, decided whatever, power steering... View More

Jina Ly Clark
Jina Ly Clark
answered on Jun 27, 2022

It sounds like you may have enough evidence for a potential lawsuit. Of course, an attorney would need to verify the content of the contract and the diagnostic tests. This is a malpractice case and a breach of contract case. It is a breach of contract because they are not honoring the warranty... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Q: Hello, I recently renewed my rental lease for my apartment and im planning on terminating it early.

So, I recently renewed my lease and the current lease agreement states that the fee in the amount of $0(1.5 times the stated monthly rent if left blank) if I terminate my lease early.

but on my initial lease agreement. the lease agreement on this section was left blank instead of putting... View More

Katherine Goodman
Katherine Goodman
answered on Jun 22, 2022

Your current lease preempts your first lease and without seeing the lease agreement, it is hard to answer your question. But based on the current facts you have stated your current lease, which controls, you would have to pay 1.5 times the stated monthly rent if you terminate the lease early.... View More

1 Answer | Asked in Contracts, Environmental and Landlord - Tenant for Oregon on
Q: Fallen down trees in the road

I had a couple questions about landlord responsibilities on maintaining the outside trees, June 10th 2022 around 7:00pm a huge tree branch broke off onto the road. I was driving on that road and struck the branch ( it fell down in front of my car It happened within 2-3 seconds ) residents of that... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 18, 2022

I am not clear what the responsibilities are for the arbor maintenance between the homeowner and an apparent HOA, but whichever is, they may be liable depending upon the details. Much depends upon why the tree limb fell - was it rotted out? or did a storm severe it somehow? I would start by... View More

1 Answer | Asked in Contracts for Oregon on
Q: Is there someone who can help me with a notarized document
TeAnna Rice
TeAnna Rice
answered on Jun 17, 2022

Look for a public notary in your area.

1 Answer | Asked in Contracts for Oregon on
Q: How can I stop a 6 months contract with CINC platform to get real estate leads? The leads are not the quality promised

I singed up with CINC 4 month ago half a year contract for getting realtor leads. They said that the leads are great quality, but that's not my experience. I paid tons of money for bad leads and contacted them to end my service. They said I need to pay for the next 2 months even if I... View More

Katherine Goodman
Katherine Goodman
answered on May 11, 2022

If you have not contacted a local contracts attorney, you can get a consultation with one to have them read your contract and determine if you have any options. You can also contact a local consumer attorney to discuss potential options, but without seeing your contract, the answer is generally... View More

1 Answer | Asked in Contracts for Oregon on
Q: Kia dealership sent reimbursement now want it back

Their fault this happened but they want $2223 back from me do I own this money

Katherine Goodman
Katherine Goodman
answered on May 11, 2022

Unfortunately, there are not enough facts to answer any question you could or may have based on this post. Additionally, with no question posed, no attorney will be able to help assess your claims and/ or options.

1 Answer | Asked in Employment Law, Contracts, Business Law and Civil Litigation for Oregon on
Q: Does the statute of frauds apply to employment agreements?

I was given an offer of employment. I accepted the position and I quit my job to take the new job. The day before my start date I was informed that my start date was being postponed due to weather conditions. After inquiring as to when I would begin working for them I was told that they would not... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 5, 2022

The statute of frauds is used to basically invalidate contracts, which is not what you are trying to do.

You may have a breach of contract if you can show the contract was for a certain length and thus it was no longer at will, or potentially a promissory estoppel claim due to quitting your...
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1 Answer | Asked in Contracts, Employment Law, Business Law and Small Claims for Oregon on
Q: I signed a paper in November saying I was getting a dollar raise I have not received my raise yet.

I signed a paper saying I was getting a dollar raise back in November, we are now in January and I have not received my raise on my paychecks. My pay stubs still say the same amount. I have talked to my boss more than one time about this and was told the bookkeeper was going to fix this but has not... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 2, 2022

Other than quitting, or bugging them, they really is not much you can do until you are no longer employed there. Once you leave, assuming they do not fix it, then you have some options that will get you the back wages and likely penalties as well.

1 Answer | Asked in Contracts, Family Law and Real Estate Law for Oregon on
Q: My boyfriend and I own a home. I put up the money for it. We are splitting. Do I have any rights to the money or home

I took a loan from my 401k. I want to stay in the house. I don’t know if he will leave.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 6, 2021

When an unmarried couple separates, Oregon courts attempt to determine the parties’ intent when deciding whether and how to divide property acquired during the relationship. The key inquiry is whether the parties intended to “pool their resources for their common benefit.”

You...
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1 Answer | Asked in Consumer Law, Contracts and Collections for Oregon on
Q: Have there been any cases upholding the current version of Oregon Revised Statutes: 73.0311?

Is a check marked "paid in full", and negotiated still a valid "accord and satisfaction" in Oregon, in a disputed matter?

Gregory L Abbott
Gregory L Abbott
answered on Sep 7, 2021

If you are asking if you write "Paid in Full" on a check's memo line and submit it for less than the full amount of the bill, and it is cashed, are you off the hook for the balance of the bill, the answer is NO. If you have a written agreement specifying the creditor is settling for... View More

1 Answer | Asked in Bankruptcy and Contracts for Oregon on
Q: What are non-dischargeable debts that do not require courts action?

Debt incurred three years prior to filing of C-13 bankruptcy and continued during Bankruptcy.

Timothy Denison
Timothy Denison
answered on Jul 22, 2021

Items such as student loans, some taxes, employee contributions snd withholding, etc.

1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Q: 90 Days eviction notice

The landloard just sent me 90 eviction notice with one month payment check ,claiming he will renovate the apartment ,i need to know my rights can i stay until my lease contract ends on Feb2022,What can i ask for compensation ,and what if i didn't evict after the 90 days .

Thanks

Gregory L Abbott
Gregory L Abbott
answered on Jun 29, 2021

Much depends upon the exact wording of your 90 day notice and the situation. Normally a landlord could only do a no-cause termination of tenancy with notice if you were on a month to month tenancy, NOT a fixed term (prior to the term expiring). Perhaps your situation is different if there is true... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Q: So am I required by law to let a new potential buyers in my unit while in contract with the previous owner? thank you
Gregory L Abbott
Gregory L Abbott
answered on May 21, 2021

A landlord has the right to enter the rental dwelling to inspect, do repairs, and to show to prospective buyers or future tenants. There is nothing special about showing to potential buyers - at least 24 hours advanced notice is required unless the tenant agrees to an earlier entry. Tenant does... View More

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for Oregon on
Q: lease renewal letter to accept by end of month then rescinded before that..put on month to month. Eviction coming?

My boyfriend was given a lease renewal letter and told he had til the end end of this month to sign it. Today he received a letter saying that that has been rescinded and it is now going to be month to month. Out of 3 units he was the only one put on month to month and when he asked the landlord he... View More

Gregory L Abbott
Gregory L Abbott
answered on May 17, 2021

Had he signed and accepted the offer prior to the rescission, there is likely nothing the landlord could have done. But if he rescinded before your boyfriend accepted the renewed term lease, your boyfriend in now likely going to be on a month to month. But that is not the end of the world - to... View More

1 Answer | Asked in Civil Litigation and Contracts for Oregon on
Q: How do a file a case above small claims where I intend to represent myself?

I have a breach of contract case against a contractor who did improper work on my home. I completed the complaint and mediation process with the State of Oregon Construction Contractors board. The contractor has not responded to any communication and did not appear for the mediation appointment... View More

Jeffery Demland
Jeffery Demland
answered on Apr 9, 2021

You would need to file a complaint for breach of contract in the circuit court for the county in which your home is located. In your complaint, you would need to make allegations to support your claim, including allegations to support the existence of a contract, how the contractor breached it,... View More

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Insurance Bad Faith for Oregon on
Q: My basement has had previous flood damage that was hidden from us and not found on inspection, do i have legal recourse?

My basement recently flooded from a sump pump that failed during a rain storm. After calling the insurance company and having them send ServPro out to assess the damage we discovered that there was previous flood damage and mold growing inside the walls. Insurance says they wont cover it because... View More

Tim Akpinar
Tim Akpinar
answered on Feb 10, 2021

An Oregon attorney could advise best, as obligations to disclose can differ according to state law. But your question remains open for two weeks. As as GENERAL premise of contract law, taking affirmative steps to hide a condition that was known could be bad faith (e.g. applying thick coatings in a... View More

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