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Questions Answered by Douglas J. Shumway
1 Answer | Asked in Business Law for Texas on
Q: What is the Texas law that requires contracts to be written in English?
Douglas J. Shumway
Douglas J. Shumway
answered on Aug 5, 2013

I do not have a specific answer for you because I am not certain about whether such a law exists, but philosophically, a written agreement between two people that is memorialized in a manner that each understands, and which is supported by consideration, is probably a viable contract. If the... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Is a property owners association required to share other owners contact information with a property owner of that sudivi

I am an owner of a dockominum association. The manager and Board of directors have refused to give any contact information on the other owners of the development. Is there a law requireing them to make this information available to the other owners?

Douglas J. Shumway
Douglas J. Shumway
answered on Aug 5, 2013

Association law can be very complex because there are statutory elements and contractual elements to the analysis. If Texas law does not provide you with a non-waivable statutory right to have contact information of other owners then you are going to rely on what the contract says. Many times... Read more »

1 Answer | Asked in Business Formation for Texas on
Q: Do you have a certificate of conversion of a for profit corporation to a non-profit corporation form???
Douglas J. Shumway
Douglas J. Shumway
answered on Aug 5, 2013

The most up to date forms can often be found on the applicable State's website relating to corporate filings. There might be a few attorneys out there that still use their own forms that they update from time-to-time to comply with changing statutes, but most corporate lawyers just utilize... Read more »

1 Answer | Asked in Contracts for Texas on
Q: I am giving a house to my son, but don't want him to sell it. Can I attach clause/doc to the deed to secure this?
Douglas J. Shumway
Douglas J. Shumway
answered on Jul 29, 2013

There are a number of things that you can do with a deed to control the disposition of real property. You can also use other instruments to accomplish the task. If this is a big deal for you then you will want to meet with a local attorney to get a specific answer because laws vary somewhat from... Read more »

1 Answer | Asked in Contracts for New York on
Q: Can a coffee vendor refuse to pick up it's equipment until I pay a termination fee and the life of the agreement ?

I reached out to the coffee vendor asking why our cost of coffee went up from the agreed pricing they indicated that due to high fuel costs they had to increase its coffee prices for all of there clients. I tried to negotiate a better price but was not successful. After a year, I found another... Read more »

Douglas J. Shumway
Douglas J. Shumway
answered on Jul 18, 2013

It is a little strange that the vendor is not willing to pick up the equipment because it probably has a contractual right to be paid an early termination fee, etc. Most of the time vendors are very excited to pick up equipment so that they can sell or lease such to someone else and get paid by the... Read more »

1 Answer | Asked in Products Liability for Texas on
Q: How long does it usually take for an offer in a lawsuit against a pharmacutical company like a risperdal claim
Douglas J. Shumway
Douglas J. Shumway
answered on Jul 11, 2013

There is no short answer to your question. Depending on how far along in the pre-litigation process you are and how heavily your attorney is negotiating the claim it could take months if not years before a lawsuit is even filed (which usually occurs just before the statute of limitations runs). If... Read more »

1 Answer | Asked in Copyright for Texas on
Q: I am a photographer. Is it legal for me to sell prints of my original photos with others quotes written on them?
Douglas J. Shumway
Douglas J. Shumway
answered on Jul 2, 2013

You need to obtain authority to use any copyrighted material even if you are just including it as a component of an original work. Many works are not copyrighted so with a little bit of research you should be able to determine what is or isn't protected and what you need to do in order to... Read more »

1 Answer | Asked in Real Estate Law for Utah on
Q: How long do I have after purchasing a home to dispute a property line to move a fence?
Douglas J. Shumway
Douglas J. Shumway
answered on Jun 26, 2013

There are many elements to your question that must be fleshed out in order to produce a satisfactory answer. Property law can get complicated and your particular situation may require contract law analysis as well. These cases can range from the relatively simple to the extraordinarily complex and... Read more »

1 Answer | Asked in Contracts for Texas on
Q: Purchased 9 month old AKC puppy under verbal spay contract-dog was pregnant surprise Breeder wants puppies. How and why
Douglas J. Shumway
Douglas J. Shumway
answered on Jun 24, 2013

Generally when you purchase an asset you receive all the parts that make up the asset (i.e. unborn puppies). Without knowing all of the facts it is impossible to know how to best advise you, but this sounds like a case that could be expensive for both parties and would leave both unhappy in the end... Read more »

1 Answer | Asked in Contracts for Florida on
Q: I had co sign with an ex for a car and he signed a promissory note that if he falls behind that I can sue him...

Well he fell behind and the bank wants the car repo and they are calling me. I told them that I am not the driver /owner. When I spoke to "the ex"he said that he was going to return it but never did. Can I sue him because I have his signature and will my credit not be affected if I win the case?

Douglas J. Shumway
Douglas J. Shumway
answered on Jun 20, 2013

Contractual obligations are not generally negated by you entering into a contract with another person to satisfy the obligations from the first contract. In order to have obligations shifted or removed the original parties must agree to such (often in writing) because otherwise the party to the... Read more »

1 Answer | Asked in Contracts for Texas on
Q: Can i break a business lease
Douglas J. Shumway
Douglas J. Shumway
answered on Jun 19, 2013

Performance pursuant to a contract is always optional; you just suffer the penalties contained in the contract if you choose not to meet the obligations. Many times tenants will strategically breach a lease in order to obtain more favorable terms from a landlord or simply because the lease no... Read more »

1 Answer | Asked in Real Estate Law for Utah on
Q: Does the person who purchased property in Utah have to honor ingress and egress rights given by the previous owner?
Douglas J. Shumway
Douglas J. Shumway
answered on Jun 13, 2013

The answer to that question is that it depends on a number of things, but probably yes, the current owner would likely have to honor rights granted by a prior owner. Many times such rights are recorded in the public records but often disputes can arise simply because someone used a path for a... Read more »

1 Answer | Asked in Contracts for Connecticut on
Q: Debt settlement company did not fulfill their contract and stole over $4000. How can I sue?
Douglas J. Shumway
Douglas J. Shumway
answered on Jun 12, 2013

In many locations that amount would be appropriate for a small claims action, which would certainly be cheaper and easier than many other venues. Oftentimes local government sites will provide you with a detailed description of the small claims process and forms to utilize. You may want to see if... Read more »

1 Answer | Asked in Contracts for Utah on
Q: When are contracts invalid?
Douglas J. Shumway
Douglas J. Shumway
answered on Jun 12, 2013

There is a plethora of situations where a contract could become invalid and probably as many where a contract is going to be valid for an extended period of time. If you have a specific contract and situation that you are concerned about please add more detail to the question and at least a few of... Read more »

1 Answer | Asked in Business Law for Utah on
Q: What is the time frame for desertion in a business in utah
Douglas J. Shumway
Douglas J. Shumway
answered on Jun 6, 2013

For purposes of this answer I will assume that the business is simply inactive and that the necessary State filings have not been done. Therefore, you question would be when does the State revoke a business for failure to pay fees. Generally, you have two years before the State will not allow a... Read more »

1 Answer | Asked in Business Law for Texas on
Q: Can a majority owner. In LLC dictate how I sell my shares. If there is no operating agreement?
Douglas J. Shumway
Douglas J. Shumway
answered on Jun 6, 2013

In order to adequately answer your question any attorney would need to see what documents actually govern the relationship and such documents could include handwritten contracts, emails, letters, meeting minutes, etc. Anything that is not covered by an "agreement" will likely be left up... Read more »

1 Answer | Asked in Business Law for Utah on
Q: I am staying in a hotel and the first Morning my husband and I left for the day. When we returned back to the hotel our

Keys did not work. We talked to the front desk and they said that they went into our room and because it smelt like smoke we had to pay 250 dollars. We did not smoke in the room. We also had the do not disturb sign on the door. When I checked in I also said that we did not need room serv in the... Read more »

Douglas J. Shumway
Douglas J. Shumway
answered on Jun 6, 2013

Unfortunately you are in a difficult situation. Most businesses would not put a customer through an ordeal such as this without an extremely good reason to do so and it sounds as though this business did not have such a reason.

You could certainly hire an attorney to make a demand upon the...
Read more »

2 Answers | Asked in Contracts for Florida on
Q: If a contract doesn't contain early termination fees, can the company legally demand a termination fee?
Douglas J. Shumway
Douglas J. Shumway
answered on Jun 12, 2013

If a contract doesn't provide for any sort of termination fee then, as you might expect, it is relatively difficult for the other party to require such a fee. I have dealt with a number of situations where the contract was poorly drafted and the parties agreed (sort of) via email to thing that... Read more »

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2 Answers | Asked in Real Estate Law for Texas on
Q: Two people purchased a house, and one party wants to deed over their interest in the property to the other

What document should they use?

Douglas J. Shumway
Douglas J. Shumway
answered on Jul 15, 2013

Title to real property can be a tricky thing. The answer to your question may be very simple (as provided by the other attorney), or it can be complex depending on the circumstances. For example, there are covenants associated with the different types of deeds and it would be unfortunate to use the... Read more »

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