Questions Answered by Rick Davis

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

1 Answer | Asked in Contracts and Landlord - Tenant for Kansas on
Answered on May 8, 2017
Rick Davis' answer
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 and is intended to be general information, not specific advise in your situation the response is based only upon the limited information you provided in the question. For detailed advise about your...

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

1 Answer | Asked in Contracts for Kansas on
Answered on May 5, 2017
Rick Davis' answer
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 require a formal contract for an agreement for the sale of real property to be in writing. If you sent emails memorializing the terms or wrote basic terms down on a napkin, that may be enough to...

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

1 Answer | Asked in Business Formation for Kansas on
Answered on May 3, 2017
Rick Davis' answer
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, the other variable is the attorney's schedule, which could effect the timeline.

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)

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Kansas on
Answered on May 2, 2017
Rick Davis' answer
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 you a couple hundred dollars, but that is a small price to pay to find out if you can keep from losing $200,000 in property value.

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

1 Answer | Asked in Business Law, Contracts and Employment Law for Kansas on
Answered on Apr 27, 2017
Rick Davis' answer
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 best to take another picture to use on your website as then you do not have to worry about any issues.

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

1 Answer | Asked in Contracts and Real Estate Law for Kansas on
Answered on Apr 27, 2017
Rick Davis' answer
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.

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

1 Answer | Asked in Criminal Law, Federal Crimes, Consumer Law and Contracts for Kansas on
Answered on Apr 27, 2017
Rick Davis' answer
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: You can also hire an attorney to assist with the quiet title.

As to the cost it is hard to...

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