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Questions Answered by Rick Davis

1 Answer | Asked in Contracts and Landlord - Tenant for Kansas on

Q: Can I limit my liability as cosigner in a multi-tenant lease, with an addendum stating liability limits in dollar value?

being asked to co-sign for my son in a apartment lease that he will be sharing with two other boys. The landlord has agreed to an addendum that will state a limited liability equal to his portion of the rent over the life of the lease. Can this be accomplished ?

Rick Davis answered on May 8, 2017

Yes, if both parties agree you can draft an addendum to provide that you are guaranteeing only a portion of the total rent. As long as both parties sign it, it would be enforceable to limit your liability.

*Please be advised that this answer is for information or educational purposes only...
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1 Answer | Asked in Contracts for Kansas on

Q: How easy or hard will it be to break a verbal contract involving the sale of some property

- we disagree on what was agreed upon.

Rick Davis answered on May 5, 2017

Generally, speaking a contract for the sale of real property must be in writing. There are very limited exceptions to this rule and they usually involve when a party has moved into the home and started making payments in accordance with a verbal agreement. I would also caution that it does not... Read more »

1 Answer | Asked in Business Formation for Kansas on

Q: How long will it take me to register my new business as an LLC?

Rick Davis answered on May 3, 2017

Registering an LLC only takes a few minutes and can be completed online. With that being said, if you have more than one owner in your business, you will likely want an operating agreement, which will take some time to draft depending on your specific needs. If you are going through an attorney,... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Kansas on

Q: 40 year lease states lessee can buy land for 25K. (value 40 years ago). They want to buy but it's worth 225K (39th year)

how do I get out of this? i'm losing 200K in value. I inherited 25% of land and bought out the others.

Rick Davis answered on May 2, 2017

If the lease specifically says they can buy it at a set price, you are probably stuck. With that being said, an attorney can not really answer that question without looking at the document. I would recommend you have an attorney review the contract and provide you an opinion. It is going to cost... Read more »

1 Answer | Asked in Business Law, Contracts and Employment Law for Kansas on

Q: Can use a picture of my work thru one company and use it for my own company website.

I have a picture of a yard that i maintained for a mowing company. I now have my own mowing company and mow for myself. Can i use that same picture of my work for that company and put it on my website

Rick Davis answered on Apr 27, 2017

Who took the picture? When was it taken. If you did not take the picture than you can not use it without permission. If you did take the picture, but took it as an employee of the other company, they likely also have the rights to the picture as "employee work product."

You would be...
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1 Answer | Asked in Contracts and Real Estate Law for Kansas on

Q: If a Homeowners Association owns a street because the city will not accept it, does the HOA also own utility lines?

If "yes" and this was not disclosed to homeowners (or to HOA), what recourse do the homeowners have?

Rick Davis answered on Apr 27, 2017

Generally speaking, the Utility Company would own the utility lines and there would be an easement over the street allow them to run and maintain the line.

1 Answer | Asked in Criminal Law, Federal Crimes, Consumer Law and Contracts for Kansas on

Q: How to obtain car title or court order for a car i just purchased?

I bought a car from a guy in Kansas and i have the Bill of Sale, 2 other witnesses, registration papers, and insurance papers. I need to obtain the title but he didn't have it and to him it'll take him $200 to obtain them since he says he needs to drive to Topeka to sign papers. I call BS on that.... Read more »

Rick Davis answered on Apr 27, 2017

The only way to obtain a title if he doesn't provide one is to file a quiet title suit. A quiet title suit is a legal proceeding where you ask the court to declare you the owner of the vehicle. Kansas legal services has a guide on how to file these suits. Here is a link to that information:... Read more »

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