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Questions Answered by Linda Liang
1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: If I agree to purchase services but change my mind before I receive them, am I allowed to get a refund?

The receipt does state "Final Sale" in small letters at the bottom. This was for cosmetic procedures in a medical office. I thought Florida Statutes provided some protection.

Linda Liang
Linda Liang answered on Aug 26, 2019

The receipt could be boilerplate and thus not part of your agreement. The bottom line is that if you haven't received the service, you should not pay for it. You should look for "cancellation" provision in the agreement.

2 Answers | Asked in Contracts for Florida on
Q: What can I do to get out of a contract with a solar company
Linda Liang
Linda Liang answered on Aug 26, 2019

We need more information to assess your options, such as non-performing of the other party.

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1 Answer | Asked in Immigration Law for Florida on
Q: I am asylum pending now. I got approval for perm and I-140 based on EB3 . Time to apply Visa through consular processing

My question is if I got denied from 3rd country embassy how can I go back US. What is the best way to protect me and my family. I have no serious reason to apply advance parole. Do USCIS approve advance parole to get interview outside the country? If I can't re enter US, what will happen to my... Read more »

Linda Liang
Linda Liang answered on Aug 23, 2019

Advance Parole is granted based on good-faith. Going to third country for interview is good faith answer as to why you need advance parole. You may be granted. In the meantime, when your visa is current, you may apply for adjustment status in US.

2 Answers | Asked in Contracts and Criminal Law for Florida on
Q: Can you sue contractor based on a verbal only agreement. charged by hour not by job

Contractor would never produced an estimate for remodeling project. Verbal agreement on cost per job. In the end charged by the hour.

Linda Liang
Linda Liang answered on Aug 16, 2019

Agreement doesn't necessarily have to be in writing to be enforceable. If you have proof that you entered into a verbal agreement at the price per project, you can sue.

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2 Answers | Asked in Civil Litigation, Contracts, Insurance Bad Faith and Insurance Defense for Florida on
Q: Is there a way that I can sue my step mother for withholding my deceased fathers insurance. If I have proof he had

Is there a way that I can sue my step mother for withholding my deceased fathers insurance. If I have proof he had Insurance and told his mother, sisters, brother and kids what he had? Is there any way possible to sue her in any way?

Linda Liang
Linda Liang answered on Aug 16, 2019

If you have reasons to believe that your step mother is not beneficiary of the insurance and she claimed the insurance proceeds, yes, you can.

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3 Answers | Asked in Consumer Law and Contracts for Florida on
Q: Can a moving company ask for more money, five months after they have already been paid?

I hired a moving company solely to pack and move my belongings into a truck. When the work was completed, the company’s rep agreed to not charge for packing materials and issued an invoice accordingly, which was promptly paid. Five months later, the company’s owner is demanding that I pay for... Read more »

Linda Liang
Linda Liang answered on Aug 15, 2019

If there is a writing agreement, your concern is reasonable. Invoice is not proof of moderation, unfortunately. I would suggest you to pay for the material and be done with it.

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2 Answers | Asked in Business Law for Florida on
Q: sold small biz last month. if cust are calling me to come back do I have to buy back accts from new owner if hes fired

I sold small lawn business last month. Customers are calling me and complaining about how unhappy they are with the new owner. I want to stay within the law - do I have to buy back the accounts I sold if customers fire new owner? Customers have tried reaching out to new owner and he does not... Read more »

Linda Liang
Linda Liang answered on Aug 15, 2019

if you are thinking of void the agreement and you have received payment, the oral agreement could be enforced, Unfortunately legally, the situation is out of your hand right now. All you can do is to pursuade another company to receive them.

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3 Answers | Asked in Civil Litigation, Contracts, Insurance Bad Faith and Insurance Defense for Florida on
Q: insurance company voided my policy for misrepresentation on application. should i cash refund check, is that admission

is that admission of guilt, they stated that when i filed out my application online (which i actually did over the phone with an agent, i answered the question falsely, but agent did ask me for much information. i am being sued due to accident my son had and i received refund. should i cash or... Read more »

Linda Liang
Linda Liang answered on Aug 15, 2019

The victim is suing you or the insurance company? If it is the Victim who is suing, you need to know you have no coverage at least at this moment. As far as whether cashing the check means admission, it is arguable because they reject your application for the reasons they believe it is true. You... Read more »

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2 Answers | Asked in Civil Litigation, Collections and Contracts for Florida on
Q: I have a roommate who has not paid rent since past at least 2 months. How can I evict her & collect back rent?

She was given an agreement next day to sign that gave all the details about rent amount, when, where and how to pay, etc. She never signed the agreement. I asked her to provide police report, she has not produced yet. I made search on internet to find that she has a criminal record of illegal... Read more »

Linda Liang
Linda Liang answered on Aug 13, 2019

For your safety, I would talk to the landlord and terminate the lease. The landlord can evict him with the assistance of the sheriff's office. You should find another place.

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1 Answer | Asked in Copyright and Traffic Tickets for Florida on
Q: If you get pulled over for driving a vehicle with improper tag and it's not your vehicle, what to expect in court

I borrowed a friend vehicle to go to the laundry mat, I got pulled over and ticketed for the tag on it not belonging to the vehicle, now I have court over ticket. It had a tag on the vehicle but it didn't belong on that vehicle

Linda Liang
Linda Liang answered on Aug 7, 2019

You are still going to be charged with driving a vehicle without a tag. You can explain that in court and the owner could be cited for that for lending the car to you.

3 Answers | Asked in Immigration Law for Florida on
Q: If I have an approved I 130, can I apply for an I 485 if I’m in the US but my I 94 is expired?

My I 130 was approved and I have just received a notification from the NVC regarding my visa. I’m currently in the US but my I 94 expired and I would like to change my status to not have to go through the consular process and proceed with an adjusted status instead. Is that possible?

Linda Liang
Linda Liang answered on Aug 7, 2019

It depends on whether your Visa is current. You can find out whether it is on monthly Visa Bulletin

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2 Answers | Asked in Contracts for Florida on
Q: If u put $5K down to buy mobile home with Purchase Agree and make pymts for 3 mos, then backs out, do we refund all $?

It is a mobile home and the buyer put down$5K as deposit (selling price $26K) then 1-1/2 mos. later put down another $10K, then 1-1/2 mos. later put down $5K. The contract that the seller AND Buyer signed was to close on July 27. It is now August and the buyer says he can’t come up with the... Read more »

Linda Liang
Linda Liang answered on Aug 7, 2019

What your recourse is depends on whether your mobile home is considered a real property or personal property. If it is fixed in land, it is real property and you can compel closing after inspection date. if it is personal property, you can recover your loss. I would retain an attorney at this point.

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1 Answer | Asked in Business Law for Florida on
Q: I invested in a patent and the inventor passed away. And it's been acquired by pharma holdings, nv. What can I do?
Linda Liang
Linda Liang answered on Aug 4, 2019

It depends on what you mean by "invested" in a patent. You mean you have a license to use? If you do, and the patent was acquired by Pharma Holdings, then you should call pharma holding for documents proving their ownership of the patent and act accordingly.

4 Answers | Asked in Immigration Law for Florida on
Q: Can I petition my parents with my 19 year old sister as a minor for green cards.

I just became a citizen and I want to bring my parents at the same time with my youngest sister. Is this possible since my sister is under 21.

Linda Liang
Linda Liang answered on Jul 30, 2019

You need to petition for your parents and your sibling separately. Or your parents may petition for her when they become Permanent resident.

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2 Answers | Asked in Contracts for Florida on
Q: lease states it will continue for 1 yr after the initial term unless I (me) or we ( meaning the management company or

owners) give 60 days notice before the end of the initial term . lease goes on to say during the continuation term either party can terminate at the end of a calendar month by giving at least 30 days written notice. the management company that executed this lease had a contract that the owners... Read more »

Linda Liang
Linda Liang answered on Jul 29, 2019

Based on the reading of the lease, "lease goes on to say during the continuation term either party can terminate at the end of a calendar month by giving at least 30 days ". If you are on the second term, 30 day notice should suffice. If you are during the first term, 60 days.

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3 Answers | Asked in Business Law and Contracts for Florida on
Q: Can a business put on the fine print of their contract that clients can never post negative reviews online?

And if they do post a negative review can the business sue that client?

Linda Liang
Linda Liang answered on Jul 28, 2019

If you sue, it'd be defamation.

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1 Answer | Asked in Intellectual Property for Florida on
Q: Somebody put my license plate online without my permission can they get in trouble?
Linda Liang
Linda Liang answered on Jul 26, 2019

Your license plate on your car? Since license plate was issued to you, not created by you, the person might be responsible for your harm in some other way, but it doesn't seem to be for infringement of Intellectual property

1 Answer | Asked in Immigration Law for Florida on
Q: What can I do if my fiancé who overstayed his visa get detained to not to be deported?
Linda Liang
Linda Liang answered on Jul 25, 2019

You may marry him, petition for him before deportation starts. Of course, you need to hire an attorney to request immigration relief for him during deportation proceeding.

3 Answers | Asked in Trademark for Florida on
Q: Does “abandonment” mean this company is no longer trademarked and is able to be claimed by someone else ?
Linda Liang
Linda Liang answered on Jul 15, 2019

Abandoned trademark means others can sell goods and service under the brand and can file application to register it.

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1 Answer | Asked in Landlord - Tenant for Kansas on
Q: My question is related to my landlord and reasonable notice.

My landlord approached the property (specifically, my front door) without reasonable or any notice. He then comes up to what is only a clear glass door and knocks on it as he is looking into my apartment. I opened the door and he discovers I had been smoking in the house and had pets. What’s next?

Linda Liang
Linda Liang answered on Apr 24, 2018

It is not against law to knock on somebody's door without notice. If you are found to have violted the lease, your landlord has right to request stop doing or anything the lease allows him to do.

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