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Questions Answered by Joseph Kelly Levasseur
1 Answer | Asked in Real Estate Law for New Hampshire on
Q: Is Seller required to return deposit to Buyer despite Seller's offer to remedy as noted in the home inspection report ?

Home inspection report revealed a "minor" foundation crack that indicated "...if crack gets larger than 1/4" or allows moisture intrusion have epoxy sealed - monitor (minor)." Despite the seller's offer to remedy the crack, the buyer wants to walk away from the... Read more »

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Nov 5, 2018

The home inspection is one of the ways a buyer can get out of a contract-it also depends on the purchase and sales contract he signed with you. You could argue that such a minor infraction is not a breach of the agreement and that you should have the ability to cure the alleged defect, or you could... Read more »

1 Answer | Asked in Civil Rights, Contracts, Real Estate Law and Landlord - Tenant for New Hampshire on
Q: My son who is disabled had a verbal lease month to month with his girlfriend. In the process an aquatance established .

Residency and wont leave. Can the landlord hold me or my son responsible for this person who wont leave?

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Nov 5, 2018

If in fact, as you state, she has a month to month tenancy, then you have to give her 30 days notice to quit the apartment. These cases are tricky, if she won't leave, you should hire an landlord tenant attorney. attorney Brian Shaughnessy is the attorney I use to evict my own tenants. He is... Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: A town website refuses to remove my name from an online police log saying it is part of the public record, is this fair?

This situation relates to the state of NH. I have several charges that were nolle prossed, and I'm currently working through the annulment process. One online media outlet has already agreed to remove my name and scrape the meta tag from the Google search, but why won't the town?

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Nov 5, 2018

It may not be fair but it is common practice. if you were found not guilty you can ask for a removal, if that doesn't work then you can ask the court to anul the arrest record.

1 Answer | Asked in DUI / DWI for New Hampshire on
Q: I live in NH and have been charged with a DUI but refused a BAC test.previous DUI from 10 years ago, will this be 1st

I'm referring to washout period 1st or second offense

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Nov 5, 2018

Within ten years it will not be considered a first offense.

1 Answer | Asked in Personal Injury for New Hampshire on
Q: What are some instances that a police officer who hit my car wouldn't qualify for government immunity in a lawsuit?
Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Nov 5, 2018

Instead, how about just telling us the facts of the incident instead of us coming up with scenarios.

1 Answer | Asked in Personal Injury for New Hampshire on
Q: Lent a person money who claimed I would make a profit on the deal and now he’s refusing to pay back

Have proof of money send. Roughly $10,000.

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Oct 8, 2018

This is not a personal injury case-this is a breach of contract issue for you to resolve. It's a lot of money and hopefully you have something in writing that evidences the loan, and some time frame i which it was to be paid back. You should speak to an attorney about this.

1 Answer | Asked in Personal Injury for New Hampshire on
Q: Can I sue the landlord of a building where one of the tenant's dogs bit me?
Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Aug 3, 2018

Good question and depends on the facts. Check the Lease and look at what it states in regard to dogs. If no dogs are allowed and he lets dog(s) live with the tenant it could be a violation of the Lease, and may make him culpable. If the landlord has known this dog has been biting other people or... Read more »

1 Answer | Asked in Animal / Dog Law for New Hampshire on
Q: If a person alleges to have been bitten by a dog & goes to the ER and no report is filed report is proof of no bite met?
Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on May 8, 2018

Have you seen the report? The report form a hospital emergency room or doctor should state the injury complained of and a finding by the assisting nurse or physician.

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: 3 siblings own home in tension common. On wants to sell & threatens to file act of partition. Can one sibling buy out

Ones share sai you would have 70/30?

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on May 8, 2018

You can make any agreement you want to make, as long it is legal. make sure you hire an attorney to handle the transaction and file the proper documents in the registry of deeds.

2 Answers | Asked in Real Estate Law for New Hampshire on
Q: A home owned by three siblings. One wants to sell the others do not. The property is owned as tenants in common.

He is threatening to file act of partition . They each own 1/3. Would the other two have the right to buy the one out?

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on May 8, 2018

You have the right to buy the other one out, as long as there is an agreement by the three of them, if they cannot agree on a price then the court will make the decision for them.

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1 Answer | Asked in Civil Rights for New Hampshire on
Q: Yes my manager says I owe on rent and has given me 3 days to vacate or have the police remove me. Can she do that

She cited a 2010 statue RSA 540:9.

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on May 6, 2018

This is a landlord/tenant question not a civil rights question, only the government can violate your civil rights. There are not enough facts to indicate the type of Lease or rental agreement you have, but in order to force an eviction, it has to be done through the courts. make sure you have been... Read more »

1 Answer | Asked in Small Claims for New Hampshire on
Q: Here it is. At 3 am Saturday morning my vehicle was towed. I didn't have sticker on was charged 280$ how can I fight it?

I am a legal resident of this place. There is a sign saying unauthorized vehicle will be towed at owners expense. I did not want to put sticker on my bumper of my new car because of paint. Ive paid the money because I have no choice I need my car. Losing my car costed me several hours of overtime... Read more »

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Apr 30, 2018

This is not a civil rights issue. If it wasn't registered then the owner of the property has rights. You should have notified them about your car being on the property without an inspection sticker. If you can prove they knew it was your car and you were there legally you may have an argument,... Read more »

1 Answer | Asked in Car Accidents and Libel & Slander for New Hampshire on
Q: Divorced,mother has custody.17 year old drives,father bought and registered car in father’s name.is mother liable?

If car is totaled,on damage or personal injury is mother responsible? No insurance New Hampshire.

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Apr 30, 2018

The person who was driving the car is first and foremost responsible for the accident, and because of the age of the driver, if found at fault, will have liability issues and reinstatement issues of license if not reported to the police, and most likely will be required, prior to driving again, to... Read more »

1 Answer | Asked in Employment Law for New Hampshire on
Q: Re applying for position at the same company and being denied.

I recently reapplied for a position I had with the NH liquor Commission. I left my clerk position with a 2-week notice. I reapplied for

the same position and was told I was not eligible for re-hire. I ask why and was told that I was not permitted know why. Is there a way to find out why.... Read more »

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Apr 30, 2018

You could ask to see your personnel file, from the time you were working there, and possibly take a look at anything that is in there.

1 Answer | Asked in Employment Law for New Hampshire on
Q: If my husband is salary paid and he works 50+ hrs a week, sometimes 15hr days 6days a week should he be paid overtime?
Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Apr 24, 2018

Short answer is, based on these facts is-depends- it depends on what his title and job requirements are. There are federal and state laws that clearly protect employees from being called salary employees when in fact they should be getting overtime pay. You should call the NH Department of Labor.... Read more »

1 Answer | Asked in Car Accidents for New Hampshire on
Q: If I believe the car accident I was in was partially my fault, does that mean I can't receive any compensation for my

injuries?

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Apr 23, 2018

We live in a comparative fault state. As long as you are less than 50% at fault you can receive compensation for injuries. If you are more than 50% you cannot receive compensation. The amount you received from a jury will be reduced by the amount of the compensation award. So if you receive... Read more »

2 Answers | Asked in Personal Injury for New Hampshire on
Q: I slipped, fell, and hit my head outside my local cafe because they didn't properly shovel the snow last January.

Can I sue them?

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Apr 20, 2018

Among many other factors, It depends on who owns the street/sidewalk and if it was considered their responsibility.

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1 Answer | Asked in Civil Rights, Constitutional Law, Contracts and Criminal Law for New Hampshire on
Q: Can you write a contract knowing it is a violation of the US Constitution

Can you write a contract knowing it is a violation of the US Constitution

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Apr 4, 2018

What kind of a contract would the persons be writing that has to do with the US Constitution?

1 Answer | Asked in Landlord - Tenant for New Hampshire on
Q: Does my previous landlady have 30 days to return security deposit from when I returned keys, or end of my 30 day notice?

I gave notice that I would move out by March 10th, but returned the keys to the landlady on February 25th. She acknowledged receipt of the keys, but has not returned my security deposit not a list of repairs that will prevent it from being returned. She has also been minimally responsive when I... Read more »

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Apr 4, 2018

The date you left the premises if after the end of the lease or rental period, not before, unless by agreement of the parties. Read the Lease to see what it states.

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: I think a listing agent colluded with a buyer to purchase property below market value from my 92 year old mother.

The buyer then sold the property less than a month later at $200,000 profit. Is there anything I can do to rectify this?

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Apr 4, 2018

You can file a complaint with the police or with the real estate commission and have them investigate the matter. This sounds very serious so you should pursue this with the help of an attorney.

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