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Questions Answered by Daniel DiCicco

2 Answers | Asked in Contracts for Oregon on

Q: a Statutory Bargain and Sale Agreement includes this sentence: "Members of the XXXX families and their heirs shall be

entitled to use the recreation facilities.."

Is this legal under Oregon Law to extend those rights forever ?

Daniel DiCicco answered on Sep 16, 2019

Probably unenforceable due to the Rule Against Perpetuities but it’s very rare for that to come up outside of the estates and trusts arena. Would need to look deeper to know for sure.

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3 Answers | Asked in Divorce for Oregon on

Q: Her lawyer states I'm not entitled to spousal support, even though her income is 6 times more than mine?

Married 16 years. If I challenge the petition, it states I will have to pay her legal fees?

Daniel DiCicco answered on Aug 13, 2019

It's perfectly reasonable for you to petition for spousal support given the length of the marriage and the disparity in income. You would likely be successful in seeking an award. Attorney fees are generally granted when someone stakes out a dumb or unreasonable position and wastes everyone's... Read more »

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1 Answer | Asked in Real Estate Law, Business Law and Civil Rights for Oregon on

Q: Can a plaintiff in a civil lawsuit transfer the suit to someone else?

If someone buys a property and later you find out that an issue was not disclosed. You file a lawsuit and then you decide to sell the property in dispute. Can you transfer the lawsuit to the new buyer? Can you add their name to the suit and remove yourself?

Daniel DiCicco answered on Jul 24, 2019

Short answer: you can do this. Long answer: it’s complicated to do this and how to go about it it all depends on what’s going on.

1 Answer | Asked in Contracts and Constitutional Law for Oregon on

Q: Can the Subcontractor present a contract for the General Contractor to sign? Haven't seen any such contracts online.

I can only find Subcontractor Agreements online not a single General Contract agreement that the Subcontractor is presenting to the General. Does such a contract not exist? What protections can the Subcontractor have against the General Contractor?

Daniel DiCicco answered on May 30, 2019

You can feel free to make any contract you want. By and large there are no rules about what you can or can’t write down and agree to in a contract.

A lawyer can draft a simple contract for $500 or so in most cases.

2 Answers | Asked in Employment Law, Contracts and Business Law for Oregon on

Q: My employer is requiring that I work in the future following my two weeks.

I work at a low end, fast food restaurant. It is a chain, but owned and operated independently. I put my two weeks in, but the owners are telling me along with other workers who have done the same that (even after our two weeks are completed and we are technically no longer employed) we will still... Read more »

Daniel DiCicco answered on May 26, 2019

Allow me to answer with a technical response: “lol.”

Slavery has been out-lawed for some time now, and no one can force you to work. What are they going to do - fire you? You already quit. If you’re worried about future references then maybe that will be a problem in the future, but...
Read more »

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2 Answers | Asked in Business Formation and Business Law for Oregon on

Q: Hi, this question is regarding member capital contributions vs profit distributions and what is profit? (In Oregon).

I'm in a new multi-member LLC with uneven ownership percentage but everyone contributes the same dollar amount per percentage, (ie 1%=$2k, 5%=$10k, etc). Almost 100% of the capital contributions will be for 1 private investment idea this year, not stock related. I know the membership operating... Read more »

Daniel DiCicco answered on Apr 20, 2019

You need an operating agreement to define these terms immediately. Without an agreement, you have no good way to resolve disputes, add or remove members, track profit shares, etc.

You need everyone to come together on this. Frankly you should not be investing money into any company where...
Read more »

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1 Answer | Asked in Business Law and Contracts for Oregon on

Q: Simple JV agreement? or not.

Good morning,

I think this is a simpler question(s). Do you know if there is an easy way to write an agreement (what type of agreement) between an LLC and a private investor for a potential 1x project? The investor(s) assume the risk of loosing all their cash investment in return for a... Read more »

Daniel DiCicco answered on Apr 4, 2019

I don't think you have a simple option. Let's put it like this - when a real possibility exists that an investor's entire investment can evaporate, and then that eventuality comes to pass - people get mad. They start thinking of where things went wrong and while they may have seemed cool with it up... Read more »

2 Answers | Asked in Banking and Business Law for Oregon on

Q: Can I legally use a personal type (non-business) bank account to pay my business bills and make deposits into?

Is there any legal requirements that would prohibit me from using a simple checking account (non business type) for my family farm? I would not use this account for any personal debt or check writing. Simply to track incoming money and pay farm bills.

Daniel DiCicco answered on Apr 3, 2019

There is no legal requirement per se. Do you have a legal business entity like an LLC? If you do have an LLC then and you have concerns that perhaps one day you could be involved in a law suit, then I would want to keep my personal and business funds separate.

However, if you're just...
Read more »

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2 Answers | Asked in Contracts and Business Law for Oregon on

Q: What contract should I use for a group of individuals and LLC's together, investing in a 1 time Joint Venture project?

We have a 1 time high risk project in Oregon with multiple individuals investing. Should we I use a "contractual joint venture agreement" or a "partnership agreement" or something else? Their are 8 individual people, 2 LLC's & a "Family Trust". Of which, 7 of the individuals are contributing... Read more »

Daniel DiCicco answered on Apr 1, 2019

You absolutely need to involve an attorney in this process and get a custom contract together. There is no off-the-shelf solution to this kind of arrangement. The greater the risk and the more complicated the arrangement, the more you will need a custom solution for your legal infrastructure.... Read more »

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2 Answers | Asked in Contracts and Real Estate Law for Oregon on

Q: Do we legally have to deal with an individual whose name is not included in the offer to purchase our property?

I feel as though we are now part of the potential buyer's personal drama and it is very unsettling. The individual in question is apparently the legal spouse of the person who made the offer. The individual who made the offer was pre-approved for a home loan in his name only. Must we interact... Read more »

Daniel DiCicco answered on Mar 30, 2019

Just go through your agent and don’t deal with them directly. You only have to allow them an inspection once under a typical contract. Refer all inquiries to your agent and you’ll be good. If you are not represented then only deal with their agent.

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1 Answer | Asked in Real Estate Law for Oregon on

Q: In Oregon, if the current rent is well below market, is the landlord limited to a 7%-plus-inflation annual increase?

This question pertains to the new rent control law.

Daniel DiCicco answered on Mar 5, 2019

This year, Landlords can raise rents by 10.3%, which is the 7% plus a consumer price index-derived amount.

Read this article for details:

https://www.statesmanjournal.com/story/news/2019/02/28/what-tenants-landlords-need-know-oregons-rent-control-law/3010007002/

2 Answers | Asked in Family Law and Child Custody for Oregon on

Q: I have 50/50 custody of my children. Can I vaccinate my child without my ex's permission, consent or knowledge?

Daniel DiCicco answered on Mar 5, 2019

I would bring them in for vaccinations. No court is going to be upset if you do. Legally it all depends on the language of your judgment.

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2 Answers | Asked in Divorce for Oregon on

Q: After submitting a USD, I received the response: "remove SSI #'s from this public document." What does this mean?

Daniel DiCicco answered on Feb 19, 2019

You will want to remove any of your personal data from a public filing. It's not necessary and bad actors could get at it. Just white it out and resubmit the document.

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1 Answer | Asked in Civil Litigation, Construction Law, Business Formation and Business Law for Oregon on

Q: I need help in regards to filing a lien on a construction project or write up a demand of payment letter

I was hired by a contractor to install siding and painting.The project is coming to a close and im still owed 54 thousand dollars plus 51 thousand dollars of change orders.I still have to pay out 95 thousand dollars to my subcontractors.I am told by other people that the general contractor said... Read more »

Daniel DiCicco answered on Jan 29, 2019

Sounds like you will need to sue them. I doubt a letter alone is going to dislodge $100k from someone. You need a real threat. Give me a ring and I can look at it with you.

1 Answer | Asked in Divorce for Oregon on

Q: What can you tell me about Oregon divorce law regarding a great deal of sweat equity (complete home remodel in and out)

No children, married for 35 years. Both parties have had jobs but spouse decided to retire early. I am still working and my age is 66, had no help from spouse with remodel. The home will be sold and proceeds split, will sweat equity be considered in the division of the assets?

Thank you

Daniel DiCicco answered on Jan 24, 2019

Everything you own will be split equitably, which almost always means ‘evenly.’ Add the dollar value up and divide by two.

1 Answer | Asked in Contracts for Oregon on

Q: Can my daughter be kicked out on a sublease agreement via text? She paid deposits and app fees.

She went to the landlord and they would not help her. They stated that they don't want to be involved. What are her rights?

Daniel DiCicco answered on Jan 3, 2019

She can certainly get the money back. If there is a signed lease agreement then possibly other rights apply. Is there anything written?

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Oregon on

Q: Will they take my baby away if she tests positive for THC when I give birth?

I’m 16, and 30wks pregnant. I Smoked until about 28wks.

Daniel DiCicco answered on Jan 2, 2019

No, they won't take the baby away. You will also very likely test clean by the time you give birth.

1 Answer | Asked in Business Law for Oregon on

Q: Is it possible for an Oregon non-profit corporation to have "non-voting Board members"?

It seems like a contraditiction in terms, but a non-profit Board I'm dealing with counts other officers as "non-voting Board members", projecting an image of a much larger Board, while also obscuring the identity of the actual "voting" Board members.

Aside from being misleading, is it... Read more »

Daniel DiCicco answered on Jan 2, 2019

This is an interesting question and you may find answers in the corporate documents. It is not uncommon for corporate boards to have various adviser and counselor roles that don't have voting rights. It might be that they are generalizing by saying "non-voting board members" when they mean... Read more »

1 Answer | Asked in Arbitration / Mediation Law for Oregon on

Q: If a lawyer for a corporate plaintiff insists on misrepresenting a claim of the corporation's Board of Directors

in Court through longstanding loyalty to the CEO, what sort of third-party challenge is available to the Board: e.g., "Plaintiff's Motion to Challenge the Standing of its own Rogue Counsel?" Obviously a malpractice suit offers a long-term remedy but what can be done real-time in the instant action?... Read more »

Daniel DiCicco answered on Jan 2, 2019

If you are in a legal battle with a corporation and don't have your own counsel, you are really walking a risky path. I have seen people do this kind of pro se representation and end up getting absolutely wrecked with an attorney fee bill -for the other side- at the end of it.

You need to...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on

Q: Any precautions you'd advise in ending a six month lease with my tenant at its expiration because of planned rehab/sale?

We'd originally verbally agreed to go month-to-month once the six months were up, but am finding that they are going to be very hard to work with in coordinating repairs/rent reductions etc. Tenant was not aware that the plan was to sell the house, as I hadn't decided to do so at the time of lease,... Read more »

Daniel DiCicco answered on Jan 2, 2019

Portland's tenant protection laws are kind of nuts right now. You can read about them here.

https://www.portlandoregon.gov/phb/74544

I believe in your situation that you need to follow the notice provisions to be exempt from paying Relocation Assistance.

See below->...
Read more »

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