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Alabama Contracts Questions & Answers
0 Answers | Asked in Contracts and Business Law for Alabama on
Q: So I had put down 4000 on a car in which I financed a car for 21,000 by capital one the car dealership never disclosed

To me about the Truth of lend act so when I called capital one that 4000 I put down on the car was not put towards the car I do t now what happened to the money but when I called the dealership to ask about the 4000 they told me they would put it towards my loan but that never happened.what options... Read more »

0 Answers | Asked in Contracts and Landlord - Tenant for Alabama on
Q: What can i what can I do in my case where the judge looked at none of my evidence and didn't talk to my witness or nothi

Did Joseph look it down my receipts or none of the records that I had subpoenaed to court neither

1 Answer | Asked in Consumer Law, Business Law and Contracts for Alabama on
Q: Is there any legal recourse I can take?

I have a dispute going on with a dodge dealership here in Alabama where i purchased my 2020 dodge challenger. Prior to the dealership servicing the vehicle, other mechanics had driven and diagnosed the vehicle but just didn't have the software the car needed. I took my car to be serviced at... Read more »

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Feb 24, 2023

Is there any sort of warranty on the vehicle? Have you had an independent mechanic or other dealer dianose the problem? Can they testify that the work performed is the cause of the problem? These are preliminary questions that should be addressed prior to contacting an attorney for specific advice.

1 Answer | Asked in Contracts and Landlord - Tenant for Alabama on
Q: month2month renter.We don't have a lease and landlord threats to evict if my mother stays with me becauseof leaseterms

The lease ended 8 months ago so we have been paying month to month since then. Now my mother has been staying with me and my landlord is trying to evict us because terms of a lease. We haven't been on a lease in 8 months. I stay at my boyfriend's house 3 or 4 nights a week and she is now... Read more »

Dragan Ivetic
Dragan Ivetic PRO label
answered on Feb 10, 2023

The question is premised on an improper understanding of the legal status of "month to month". it is not correct that you do not have a lease. You do have a lease, when a written lease expires without being renewed, it typically becomes a month-to-month tenancy, subject to all the same... Read more »

1 Answer | Asked in Banking, Civil Litigation, Contracts and Real Estate Law for Alabama on
Q: We have a property we thought we are buying and have paid for every month since 2017. We have made $30,000 in upgrades

We have made monthly payments, including homeowners and have been paying property tax. The only paperwork we signed was promissory note and vendor's lien deed. The vendor's lien does say the grantor was to have filed deed with the courthouse. Now we are finding that potentially this was... Read more »

Dragan Ivetic
Dragan Ivetic PRO label
answered on Feb 10, 2023

Was this transaction (if a "purchase") conducted with a title company? If so you might have a claim under the title insurance and potentially the seller.

However, from the sounds of it - you still owe the original owner for the purchase of the property (If I am reading the...
Read more »

1 Answer | Asked in Bankruptcy and Contracts for Alabama on
Q: My car was repossessed in Sept 2022. I received a letter stating that I could redeem it for $17000 by Oct 3, 2022 or it

Would be auctioned. I never received a letter stating when and where my car was to be auctioned at. The next letter I received stated that my car had been sold and that I owe 6,911. Per their contract, I wasn't properly notified. What can I do about this?

Timothy Denison
Timothy Denison
answered on Jan 22, 2023

Hire a civil lawyer to sue the car seller and seek damages for their breach of sale requirements.

1 Answer | Asked in Contracts, Personal Injury and Civil Litigation for Alabama on
Q: What is a good percentage to accept for my representation (contingency fee) for a tortious conduct case?

I am in the process of hiring a lawyer on a contigency fee basis, to sue for tortious conduct for interference of a body. emtional distress, etc. What is the normal/good percentage for a lawyer for such a case?

Hunter Garnett
Hunter Garnett
answered on Oct 24, 2022

It varies from jurisdiction to jurisdiction. Typically, in Alabama, the minimum fee for a personal injury case is 1/3 of the settlement.

It is not uncommon for the fee to increase to 40% or even 45% if the case is litigated or taken all the way to trial. Complex or difficult cases, such as...
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2 Answers | Asked in Contracts for Alabama on
Q: Can I sign the title to a vehicle that my parents have given me "with express permission?"

The truck is in Mississippi, my parents are in Dothan, AL living w/ my daughter. We intend to get the truck and bring to our home here in Ellijay, GA. Mom is willing to sign the title and has even mentioned just signing for her to avoid driving to Dothan with it in hand. Can I sign with... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 20, 2022

What does this have to do with Florida law? And what would "p.p" mean? Depending on the state in which the truck is titled, it might be possible for Mom to give you a power of attorney. Mom seems to be under the impression that she cannot allow someone else possession of the truck... Read more »

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0 Answers | Asked in Contracts for Alabama on
Q: Do text messages count as legally binding contracts?

Last year we sold some land. It was under the stipulation that we would knock of 20,000 if they deeded 3 acres back to us. This would occur after the sale and when we could get those acres surveyed. This agreement all took place through text. Now they will not deed us the land back. They say we... Read more »

1 Answer | Asked in Contracts, Estate Planning, Tax Law and Real Estate Law for Alabama on
Q: My dad is downsizing and is planning to leave me and my fiance his fully paid off house. We need any advice to get start

Should we inherit or transfer deed into name and just pay the property taxes?

Kevin M Ryan
Kevin M Ryan PRO label
answered on Jan 7, 2022

A Living Trust would be one of the best simple ways for your father to set up his estate plan. The real estate would need to be transferred to the Trust and the documents would most certainly need to be prepared by an attorney. An Attorney who practices in the area of estate planning and tax law... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Alabama on
Q: I want my money back from a contract with a pole barn builder who has done no work in a 1 1/2. What type of lawyer do?
William Vann Burkett
William Vann Burkett
answered on Jan 7, 2022

You likely need an attorney who handles contract disputes. Often construction law attorneys deal in large commercial disputes. A general practitioner or trial attorney will likely be able to give you advice on your individual situation.

1 Answer | Asked in Contracts for Alabama on
Q: Can a buyer cancel a contract in the state of Alabama three days after signing the contract?
William Vann Burkett
William Vann Burkett
answered on Nov 3, 2021

The specific language of the contract may allow cancellation on certain terms. The common law may also allow cancellation based on certain breaches or conduct of the parties. However, the analysis is very fact-driven. It depends on the contract and the specific dispute between the parties. You... Read more »

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Civil Rights for Alabama on
Q: It has been raining in my apartment due to storm damage over a year. Where can I get help with a matter like this?

I (we) have reached out to many people about this. Other tenants have been to the mayor ,sheriff and health department as a group. No one will come. Not even a bad area. We are right beside an elementary school. The Health Department wont come just this week after a year of calling did I finally... Read more »

Travis T Juneau
Travis T Juneau
answered on Sep 16, 2021

If your apartment is uninhabitable and you have made the landlord aware and the landlord has failed to improve conditions and make the home habitable then you are allowed to break the lease and move. If you get sued by your former landlord for breaking the lease you will have a recognized defense.... Read more »

1 Answer | Asked in Contracts for Alabama on
Q: If a home builder changes the date of closing to tbd. I didn't sign that contract. Is it valid?

I signed the original contract with a close date of 9/16/21. The builder changed the close date to tbd. Now we can't get a close date in writing.

William Vann Burkett
William Vann Burkett
answered on Sep 21, 2021

Generally, a contract will control the relationship between the parties unless modified. There are multiple ways to modify a contract under Alabama Law. The language of your executed agreement may have an effect on what methods are available to modify the agreement. In order to fully understand... Read more »

1 Answer | Asked in Consumer Law, Contracts, Banking and Collections for Alabama on
Q: New question statute of limitations Alabama

7 years ago in Alabama I bought a car through the dealership and they sold the loan to AlabamaTelco Credit Union. AlabamaTelco is now Avadian Credit Union. I never stepped foot in the credit Union and was never a member. I lost my job and returned the car to Avadian. Now almost 6 years later... Read more »

Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 9, 2021

General statute of limitations for debt collection actions on a contract is six (6) years. If it is a credit card or open line of credit then it is potentially three (3) years. It seems likely that your loan would be a six year statute. Now because your loan has been transferred between different... Read more »

1 Answer | Asked in Contracts and Health Care Law for Alabama on
Q: I am a professional that had an agreement with an attorney to provide expert medical testimony.

At one point in our work, one of the attorneys (whom I was working for the benefit of) threatened me with litigation because I did not return his/her phone call, and it had only been 36 hours since their request for me to call them. I notified that attorney in reply that I felt this behavior was... Read more »

Amanda B Cook
Amanda B Cook
answered on Jul 29, 2021

If you want to get out of the contract, then you should take the written agreement to a contract attorney who works in a different area than the attorney you are having trouble with, and see what they have to say about the terms.

If you feel the conduct was unbecoming of an attorney enough...
Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Alabama on
Q: Hi We cancelled our wedding due to covid. The wedding planner contract says she can keep all money paid to her.

My mother has paid 1500 of a 2000 contract. 500 of that was after we already expressed worries about the date. The wedding planner was contracted for day of services, photography, videography, flowers, photo booth, dj, invites, and some decorations. I never got anything that she was supposedly... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Nov 18, 2020

If the contract is governed under Alabama law, you should look at the contract itself. ALabama is a very conservative state in terms of contract law. The terms of the contract will govern, and courts are very reluctant to decide that this is just unfair to you. You should hire a lawyer in the state... Read more »

1 Answer | Asked in Consumer Law, Contracts and Criminal Law for Alabama on
Q: Is this grounds for dismissal

Timestamp on video is different from what police says when crime was committed. Reports show Feb 2nd 2016 a control buy was made. Video shows it was 9/26/2009.

Sheila Crumley Field
Sheila Crumley Field
answered on Oct 24, 2020

No. If they have the confidential informant there to testify to the actual date it happened and also the police officers, then it will not matter what the time stamp on the video says.

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