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Alabama Contracts Questions & Answers
0 Answers | Asked in Lemon Law, Contracts and Consumer Law for Alabama on
Q: Question about attorney fees coverage in a Ford buyback case in Alabama

I have a 2024 Ford Expedition XLT, and I've received a reasonable buyback offer from Ford through my attorney, covering all expectations except for attorney fees. Ford is offering to pay $1,500 out of the $4,000 total attorney fee. The buyback is due to safety functions failing after four... View More

1 Answer | Asked in Business Law, Contracts and Real Estate Law for Alabama on
Q: Does fiancé have entitlement to house if documents are in daughter's name?

My daughter and her fiancé each took out separate personal signature loans—she borrowed $12,000 and he borrowed $15,000. He also withdrew $7,000 from his 401k, while she has accumulated a $4,500 credit card debt for household items. The house's bill of sale, lease, property, insurance, and... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Alabama, ownership of a house generally depends on whose name is on the title or bill of sale, not who contributed money unless there was an agreement to share ownership. Since all house-related documents—including the bill of sale, lease, insurance, and utilities—are in your daughter’s... View More

1 Answer | Asked in Foreclosure, Contracts, Civil Litigation and Real Estate Law for Alabama on
Q: Challenging foreclosure without prior default notice in Alabama

I have been owner-financing my home for 10 years in Alabama, and after catching up on missed payments, the lender sent me a certified letter of Acceleration of Debt/Foreclosure without any prior notice of default. The mortgage agreement states that the lender must provide a notice of default and... View More

James L. Arrasmith
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answered on Apr 14, 2025

First, review your mortgage agreement carefully to confirm the requirement for a notice of default and the time allowed to cure the default. The absence of a prior notice of default could be a critical issue, as it may violate the terms of your agreement. Gather any communication records you have... View More

1 Answer | Asked in Contracts, Civil Litigation and Criminal Law for Alabama on
Q: Can someone press charges for reclaiming a car sold without completed payment?

I sold a car to someone in Alabama with a verbal agreement that they would pay $3,500 in total. They paid $1,000 upfront, with a remaining balance of $2,500. There was no paperwork done. After two weeks, they still hadn't paid the remaining amount, so I went to her house and took back the car,... View More

James L. Arrasmith
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answered on Apr 11, 2025

This is a really stressful situation, especially since there was no written contract to back up the verbal agreement. The good news is that since the car is still legally in your name and the buyer failed to pay in full, you likely still have ownership rights under Alabama law. That being said,... View More

1 Answer | Asked in Business Law, Contracts, Personal Injury and Products Liability for Alabama on
Q: Can I be personally sued for soap issues sold through LLC in AL?

I manufacture soap using natural ingredients with added fragrance oil and dye, both safe for soap making. My stepdaughter sells the soap through her LLC's online boutique; she operates in Mississippi while I manufacture in Alabama. We're concerned about potential liability issues. I... View More

James L. Arrasmith
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answered on Apr 11, 2025

This is a completely valid concern, especially since you're making the product without the protection of a business entity. Because you're manufacturing the soap as an individual and not through an LLC or corporation of your own, you *can* be personally sued if someone has an issue—like... View More

2 Answers | Asked in Real Estate Law and Contracts for Alabama on
Q: Explain "remise, release, and forever quitclaim" in a deed context.

I am involved in transferring rights of a property from three people to just one. The other two want to give up their rights to me, and we've chosen to use a quitclaim deed because it's easy and quick. There's no mortgage on the property, and all parties are available to sign the... View More

Anthony M. Avery
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answered on Apr 4, 2025

Grantor is transferring whatever interests he has in the real property over to the grantee. It makes no promise about what he has at the time of deed execution. You should hire an AL attorney to search the title and draft that deed as problems could be catastrophic.

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2 Answers | Asked in Contracts, Business Law and Real Estate Law for Alabama on
Q: Can a third party prevent me from moving a mobile home due to unpaid seller balance?

I purchased a mobile home for $7,500. The seller was due $5,000, and the party helping to sell the mobile home was due $2,500. I have a bill of sale and a title. If the party assisting with the sale didn’t pay the seller the full $5,000, can they stop me from moving the home? The seller hasn’t... View More

James Blount Griffin
James Blount Griffin
answered on Apr 4, 2025

The lawyer's answer is: "It depends." Do you have an obligation to pay the $5,000 or the $2,500? If the seller has neither cash nor an enforceable promissory note and lien against you, then he is likely within his rights to prevent delivery and installation of the mobile home. If... View More

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2 Answers | Asked in Contracts, Civil Litigation and Real Estate Law for Alabama on
Q: Is B liable for her deceased mother's HVAC financing, and can the company reclaim the unit legally?

Is B responsible for the financing amount of ~$11,000 for an HVAC unit, even though her mother, who was the sole signer of the contract, has passed away? Additionally, can the financing company legally remove the HVAC unit from B's house under the contract terms given that B is the sole owner... View More

James Blount Griffin
James Blount Griffin
answered on Apr 4, 2025

Death does not extinguish legitimate liens against real property. An HVAC system is a strange bird in property law. The HVAC equipment itself is not "real property" as in real estate, but, once installed, it is a permanent fixture in and with the real estate; the house is likely not... View More

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2 Answers | Asked in Contracts, Construction Law and Real Estate Law for Alabama on
Q: Do I have a case for breach of contract?

Non supportive wall between garage slab between crawl space was leaning and was supposed to be fixed. We are now having the whole wall fixed because it was not fixed. There was supposed to be a shut off valve put in on the hot water heater that was not put on

James Blount Griffin
James Blount Griffin
answered on Mar 31, 2025

To win a breach of contract case, you need to be able to prove that the contractor violated either a specific clause of the contract or a warranty, express or implied. Next, you need to look at the contract and see if there is an arbitration clause, which would mean that if you claim breach of... View More

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1 Answer | Asked in Contracts and Civil Litigation for Alabama on
Q: Storage unit auctioned with shorter notice than law requires. Are they in breach?

I received notice that my storage unit was auctioned off, but they only gave 9 days' public notice, whereas the law states 15 days are required. The facility emailed the notice to my wife's email, not mine, on March 3. I could have settled the payments if I had known, as there was an... View More

James L. Arrasmith
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answered on Apr 11, 2025

That sounds like an incredibly frustrating and avoidable situation, especially knowing you could have paid and saved your belongings if given the proper notice. Under Alabama law, storage facilities are generally required to provide at least 15 days’ notice before auctioning off a tenant’s... View More

1 Answer | Asked in Contracts, Business Law and Consumer Law for Alabama on
Q: Can I stop payments to my business coach for inadequate service?

I signed a contract with a business coach for $6,000 with a requirement of at least $50 monthly payments. Though she promised mentorship in social media marketing to help my online and in-person business, she had limited knowledge about my industry and my storefront needs. We completed 10 coaching... View More

James L. Arrasmith
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answered on Apr 11, 2025

It’s incredibly frustrating to invest time and money into something that promised support, only to feel like you got very little in return. If the service was incomplete, shorter than agreed upon, and didn’t deliver the mentorship she claimed, you have every reason to question continuing... View More

1 Answer | Asked in Contracts and Civil Litigation for Alabama on
Q: Legal steps to recover cellphone from ex-wife claiming it as a gift in Alabama.

My son is the primary account holder for a cellphone that his ex-wife has but refuses to return, claiming it was a gift. He has attempted to communicate with her about returning the phone but received no response. What legal steps can he take to recover the phone or stop making payments on it? This... View More

James L. Arrasmith
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answered on Apr 11, 2025

I'm sorry to hear about the difficulties your son is facing regarding the cellphone situation with his ex-wife. Navigating such disputes can be challenging, but there are steps he can consider to address the issue.

Firstly, it's important to determine the nature of the...
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1 Answer | Asked in Employment Law and Contracts for Alabama on
Q: Is it legal for a company to change the payout of already-earned 2024 bonuses due to insufficient earnings?

I work for a company that had a bonus structure for a year-end bonus for 2024. Typically, these bonuses are paid out in the last week of February. We were informed of our bonuses and initially told they would be paid mid-March. However, during an all-hands conference call after the original payout... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s an incredibly frustrating and confusing situation, especially after working hard all year with the understanding that your bonus was earned and scheduled for a specific time. In Alabama, if your employment contract or official bonus plan clearly states how and when bonuses are earned and... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Contracts for Alabama on
Q: How can I retrieve my belongings locked in a business property after landlord refusal?

I bought out my step-dad's business before he passed, and he assured me that the landlord agreed to let me continue renting the building. After he died, I started reorganizing the business inventory inside. Two months later, chains were placed on the doors, locking all my personal belongings... View More

James L. Arrasmith
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answered on Apr 11, 2025

That sounds like an incredibly frustrating and unfair situation, especially with your belongings and inventory locked away and no resolution in sight. Even though you didn’t have a formal lease, you were occupying the space with your step-dad’s permission and had started using the building in... View More

1 Answer | Asked in Employment Law, Landlord - Tenant and Contracts for Alabama on
Q: Can my employer-landlord use PTO as rent payment without agreement in AL?

I live and work in Alabama. My employer, who is also my landlord, claims I owe $6,000 in rent. After resigning on March 8th with an effective date of March 28th, I planned to use my 1.5 weeks of saved PTO to cover time till my new job on March 31st. Recently, my job start date was delayed to May... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Alabama, it’s important to understand that verbal agreements, even if supported by text messages, can be tricky to enforce legally. Your employer may not unilaterally decide to use your PTO for rent payment unless you have a written agreement specifically outlining this arrangement. Without... View More

2 Answers | Asked in Contracts, Real Estate Law and Civil Litigation for Alabama on
Q: Can a buyer's real estate agent sue for commissions if the property does not close due to breach of contract?

If a property does not close due to the buyer's breach of contract, can the buyer's real estate agent sue me for commissions? The buyer's agent has filed the lawsuit pro se, listing himself only, not his broker on the case. The seller's agent released me from the contract after... View More

James Blount Griffin
James Blount Griffin
answered on Mar 31, 2025

Your case is very complicated. Realtors often lose lots of money on broken land deals, and real estate contracts often favor the realtor over the seller or the buyer. Find an attorney in your area who understands real estate closings. It might be hard because many solid real estate attorneys... View More

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1 Answer | Asked in Employment Law, Landlord - Tenant and Contracts for Alabama on
Q: Can my landlord/employer access my pay info without consent?

My employer, who is also my landlord, initially offered me 40 hours of work per week and a place to stay for $1,000 per month. Although there is a signed employment contract, our housing arrangement was only documented through text messages, phone calls, and emails. Due to a reduction in work... View More

James L. Arrasmith
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answered on Apr 12, 2025

Employment Privacy and Landlord-Tenant Legal Analysis

Your dual relationship situation creates distinct legal boundaries despite the overlapping roles of your employer and landlord. Regarding payroll information access, most jurisdictions protect employee pay data under privacy laws that...
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1 Answer | Asked in Contracts for Alabama on
Q: In need of an attorney to review settlement documents.

I am looking for a lawyer in the Birmingham/Bessemer or surrounding areas for my god brother, who is currently incarcerated at WILLIAM E. DONALDSON CORR. FAC in Bessemer. He has recently received a significant settlement from a lawsuit and is interested in an attorney as soon as possible to visit... View More

Tim Akpinar
Tim Akpinar
answered on Nov 28, 2024

An Alabama attorney could advise best, but your question remains open for a week. If he had an attorney representing him in the matter, that would be the quickest (and free) route to go in reviewing the documents. It's customary for attorneys representing claimants in a case to review their... View More

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Alabama on
Q: someone owes me rent and i was buying a camper from them. can what they owe go towards the camper

i gave them 200 down and only owe 1300. they stayed with me for couple monthes and left without paying anything. can’t i keep

the camper for their payment

Tim Akpinar
Tim Akpinar
answered on Nov 28, 2024

An Alabama attorney could advise best, but your question remains open for two weeks. Most people in your position would probably think of using that point. But a local attorney could advise better in terms of the legalities involved in your idea - it is possible that you and the other side could... View More

1 Answer | Asked in Libel & Slander, Contracts, Civil Rights and Antitrust for Alabama on
Q: I was 13 days late on payment and my insurance did laps. He took my car and harassed me in the process? What do I do?

I reassured him I wanted to pay the payment and fee and possibly buy the car out I was denied he charged me $250 to get my belongings and kept telling me what he felt like I did wrong in his car he kept up with where I traveled, where, and caused confusion within my home. He harassed me and spoke... View More

James L. Arrasmith
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answered on Oct 19, 2024

I'm really sorry you're going through this difficult time. First, make sure to document every interaction you have with him, including dates, times, and what was said or done. Keep all receipts and records related to the $250 charge and any other expenses you've incurred.... View More

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