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Questions Answered by Sye J Broussard
1 Answer | Asked in Contracts for Louisiana on
Q: Selling vacant lot. Buyer twice told me he had put deposit in escrow, and twice the title company has no record of it.

Is the contract enforceable if he has not paid agreed upon earnest $$. I have a better offer.

Sye J Broussard
Sye J Broussard answered on Jul 9, 2019

If your contract had a deadline to pay the deposit and the buyer failed to pay, then he could likely be in breach of the contract. Depending on your default provisions in your contract, you could possibly rescind the sale. If he intentionally misled you regarding depositing money in escrow, you... Read more »

1 Answer | Asked in Estate Planning, Landlord - Tenant and Probate for Louisiana on
Q: What are my rights re: succession eviction and disability in the State of Louisiana?

84 yo mother died in December 2018 and did not leave a will - although it was very well known within the family what her intentions were. I had a massive brain bleed (stroke) 4years ago. She wanted me to remain in her house and be financially protected. Through succession of Mom’s estate, the... Read more »

Sye J Broussard
Sye J Broussard answered on Jun 15, 2019

Generally, an heir cannot be evicted from a house they are in possession of since they are a co-owner. You need a lawyer to make sure your rights are protected from an unauthorized eviction.

3 Answers | Asked in Personal Injury, Car Accidents and Wrongful Death for Louisiana on
Q: I need advice on what to do next. My husband was killed in a hit&run in Rayne, LA May17, 2019. I'm lost, need help.

I sent a question early this morning & was asked where the hit & run took place. It was Rayne, LA. I can't get anyone in that parish to release any info to me. He is not listed as an inmate, yet I can't even get the name of his insurance or his toxicology report. I'm disabled & I feel he or his ins... Read more »

Sye J Broussard
Sye J Broussard answered on Jun 14, 2019

I am sorry for your loss. If we have your husband’s name and the responding law enforcement agency, we can get a copy of the police report to utilize to file a claim with the responsible party’s insurance company to hold them accountable.

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2 Answers | Asked in Contracts, Real Estate Law, Landlord - Tenant and Legal Malpractice for Louisiana on
Q: In a BFD, what are seller's rights when it comes to buyer damage to the property & missing payments every month?

Buyer's real estate agent has taken advantage of my elderly parents since the start. Buyer has failed to make payments on time every month since signing. 45 days have been given each time. The contract said for improvements to be made to houses and property. None have been made. Rather the houses... Read more »

Sye J Broussard
Sye J Broussard answered on May 28, 2019

I would need to review the contract in question as that will control the issues presented. It sounds like the buyers have breached their obligations per the contract. There are also numerous laws protecting the elderly from abuse. If you feel a law has been violated you should contact the local law... Read more »

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1 Answer | Asked in Criminal Law for Louisiana on
Q: Is the Louisiana different now? I thought any sexual abuse of any child under 12 was life in prison
Sye J Broussard
Sye J Broussard answered on May 15, 2019

Aggravated rape carries a mandatory sentence of death or life imprisonment where the victim's age is under 13. See La. R.S. 14:42.

2 Answers | Asked in Civil Litigation and Criminal Law for Louisiana on
Q: In the state of Louisiana if you are court ordered to be place in the drug court and he/she is married to someone who

Is incarcerated for drugs could they be ordered to get a divorce before they could complete drug court and graduate?

Sye J Broussard
Sye J Broussard answered on May 3, 2019

I am not aware of any law where a court could order a divorce.

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2 Answers | Asked in Criminal Law for Louisiana on
Q: Can someone be charge with possession of firearm by felon if the state doesn't have a gun
Sye J Broussard
Sye J Broussard answered on May 1, 2019

Yes. Although helpful, the state does not have to produce the firearm at trial to meet its burden of proof. An eye witness or security camera showing the defendant with a gun could suffice. Ultimately it will be up to the judge or jury to decide whether the defendant possessed the firearm based on... Read more »

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1 Answer | Asked in Contracts for Louisiana on
Q: We signed a confession of judgement after we took out a business loan, the payments were daily and our business failed
Sye J Broussard
Sye J Broussard answered on Apr 22, 2019

I am not sure what you are asking. Can you please elaborate? In general, it is not uncommon for a credit to seek a confession of judgment in exchange for standing down on collection efforts for a period of time. The idea is if the debtor fails to become current on the debt, the creditor saves the... Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for Louisiana on
Q: How do i get my mail? Or can i press charges against her for keeping my mail.

I moved out of a house my ex and I owned together. She's still there. Changed the locks. She filed some kind civil suit against me after i moved out. The house is now for sale. Atleast 1 check and possibly my state income taxes were mail to that house and in my name only.

Sye J Broussard
Sye J Broussard answered on Apr 17, 2019

I suggest you call the post office and give them a forwarding address for your mail in the future. As far as your personal mail in her possession, she cannot keep something that belongs to you. If you have reason to believe she is keeping your personal items, you can call the local law enforcement... Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes for Louisiana on
Q: Does Louisiana have any specific mandatory minimum sentence for Distribution of Schedule 3 first offence?

Also, is there any way to beat the charge if you already signed a statement admitting guilt? One suboxone is the drug deal in question.

Sye J Broussard
Sye J Broussard answered on Apr 16, 2019

Distribution of a Schedule III is a minimum of 1 year and maximum of 10 years in prison, with or without hard labor. See La. R.S. 40:968.

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