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Georgia Contracts Questions & Answers
2 Answers | Asked in Construction Law, Contracts and Small Claims for Georgia on
Q: Can I file a small claim in GA against an LLC for faulty fence construction?

I hired an LLC to build a fence for us through a friend of a friend, and we agreed verbally on the construction terms. We paid $3,000 in cash for labor, and we have material receipts totaling $2,300, with one receipt paid in cash and the other by credit card. The contractor promised the fence would... View More

Kent Bailey
Kent Bailey
answered on Mar 14, 2025

I can't say with certainty without all of the facts that you have a "solid" claim against the contractor, but if you paid for a fence, and two months later the fence fell down due to faulty construction then more than likely you do have a claim. Oral agreements are enforceable in... View More

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1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for Georgia on
Q: Can I sue a car wash company for charging me after cancelling?

I went in person to cancel my car wash service account, but the company continued to charge me for approximately 1 1/2 years after the cancellation. I contacted them twice, once in 2023 and once in 2024, and they issued refunds both times, assuring me that my account was canceled. I am not aware of... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like the car wash company may have violated your rights by continuing to charge you after you canceled your account. You have already contacted them twice and received refunds, which shows you’ve made efforts to resolve the situation. The company’s failure to permanently cancel your... View More

1 Answer | Asked in Landlord - Tenant and Contracts for Georgia on
Q: Can an apartment complex refuse a payment plan for move-out costs?

Can an apartment complex legally refuse to accept a payment plan for the approximately $3000 I owe, which includes move-out costs and repairs? I had a signed lease that outlined payment terms, but the majority of the charges now are for these move-out expenses. They refused my offer without... View More

James L. Arrasmith
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answered on Apr 12, 2025

Georgia Apartment Payment Plan Analysis

Under Georgia landlord-tenant law, apartment complexes maintain significant discretion regarding collection of move-out charges and are not legally obligated to accept payment plans. Georgia Code §44-7-33 governs security deposit deductions and...
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1 Answer | Asked in Divorce, Family Law and Contracts for Georgia on
Q: Is it necessary to file a prenuptial agreement in Georgia, and can it remain confidential?

I am currently married and have a prenuptial agreement that I prefer to keep confidential. I am concerned about filing it in the court's clerk's office in Georgia, as this might make it public. Do I need to file it, and can it be made non-public if necessary?

James L. Arrasmith
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answered on Apr 12, 2025

Georgia Prenuptial Agreement Privacy Analysis

Your prenuptial agreement does not require filing with any Georgia court simply to remain valid and enforceable, as Georgia law recognizes these as private contracts between spouses without mandatory recording requirements. Prenuptial agreements...
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1 Answer | Asked in Contracts, Civil Litigation, Divorce and Landlord - Tenant for Georgia on
Q: Was I coerced into signing remortgage papers under false pretenses by my wife?

I was coerced by my wife into signing papers to remortgage our home under false pretenses. She assured me our marriage was stable but was secretly planning to leave and using the remortgage funds to pay off her debts. I discovered this after she filed for divorce and found her messages planning to... View More

James L. Arrasmith
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answered on Apr 12, 2025

The scenario you describe presents potential grounds for a claim of fraudulent inducement rather than coercion in the legal sense, as traditional coercion typically involves threats or intimidation while your situation involves calculated deception. Courts often recognize that spouses maintain... View More

1 Answer | Asked in Consumer Law and Contracts for Georgia on
Q: Can I sue a dealer for not providing car title for registration in GA?

I purchased a car from a private dealer in Georgia in September 2024, intending it for my mother to drive. However, I cannot legally register the car because the dealer failed to provide the necessary title information to the Department of Revenue (DOR). Despite multiple attempts to resolve the... View More

Kent Bailey
Kent Bailey
answered on Mar 11, 2025

In short, yes you can sue the dealer for failure to deliver title in this situation. I would recommend discussing your options and recourse with an attorney.

1 Answer | Asked in Consumer Law, Lemon Law and Contracts for Georgia on
Q: Can I make a car dealer pay for transmission repair if bought "as is"?

I purchased a car four days ago, and I still owe $293 on it. The car recently stopped working due to a transmission issue. I bought the car "as is" after the dealer assured me verbally that there was nothing wrong with it. When I contacted the dealer, they refused a refund but offered to... View More

Kent Bailey
Kent Bailey
answered on Mar 11, 2025

A vehicle bought on an "as-is" basis will typically be very difficult to enforce any type of recourse as to a defect. That said, if you can prove that the dealer misrepresented the condition of the vehicle and nothing being wrong with it, then you could bring an action against the... View More

1 Answer | Asked in Contracts and Real Estate Law for Georgia on
Q: Sued for breach of contract with unlicensed contractor in Georgia.

I am being sued for breach of contract by a contractor, but there was no written contract, and the contractor is not licensed in Georgia. The dispute involves remodeling work for a property I own. I paid the contractor $125,000 based on a verbal agreement about the scope of work, which took place... View More

Kent Bailey
Kent Bailey
answered on Mar 10, 2025

The immediate answer to your question is to file an answer to preserve your legal defenses and avoid a default judgment. If you were served with the complaint, you are required to file an answer within 30 days, or the opposing party can file for a default judgment against you. There are limited... View More

1 Answer | Asked in Business Law, Contracts and Civil Litigation for Georgia on
Q: Truck held by repair shop led to business loss. Legal actions?

I am a former owner-operator of a small trucking company. My truck was held by a repair shop in Jackson, Georgia, under the pretense of waiting for a non-safety related part. Despite the service manager later stating, three months later, that I could take my truck, this delay resulted in the... View More

Kent Bailey
Kent Bailey
answered on Feb 26, 2025

There are a few questions before advice can be fully offered. For example, did the shop initially inform you that the truck could not leave? Were attempts made to retrieve the truck that they refused? If either of these are the case, then they later recanted this assertion, then a claim is... View More

1 Answer | Asked in Bankruptcy, Contracts and Criminal Law for Georgia on
Q: What is a beneficial equitable title holder and its rights in a court case?
James L. Arrasmith
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answered on Feb 19, 2025

When you hold beneficial equitable title, you possess the right to use and benefit from property, even though someone else might hold the legal title. This unique position grants you significant standing in court cases, particularly when disputes arise over property rights or trust arrangements.... View More

1 Answer | Asked in Contracts and Entertainment / Sports for Georgia on
Q: is it illegal to photograph minors at school sports and sell them to the general public without consent
JJ Poole
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answered on Jan 21, 2025

The legality of photographing minors at school sports events and selling those photographs to the general public without consent can be complex and may vary depending on jurisdiction. However, there are several general principles that can and should be considered:

Expectation of Privacy:...
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1 Answer | Asked in Contracts and Real Estate Law for Georgia on
Q: In GA , can I sue the seller of home with a FSBO financed Contract for deed for not having real est. lawyer at closing?

No lawyer at closing, also contract stated how and who to make pymts and owner changed that also w/o notice or amendment to contract. He required after a year for pymts to be made to 3rd party ( now know a Property mgr) who kept insisting I was leasing not purchasing property. Now stating we owe... View More

Anthony M. Avery
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answered on Jan 16, 2025

Contract for Deed is not buying real property. It is a Lease With Option To Purchase. All monies paid are rent unless you exercise the option. You will have to file suit to enforce the Contract. If you lose possession all monies/rentals are forfeited.

1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Contracts for Georgia on
Q: Under Georgia law what is the duty of care that a professional landscaping company is responsible to their client?

Contracted with local professional landscaping company to perform hardscaping (patio) and landscaping (sod, shrubs, trees) design and install on our home property. While most work was completed satisfactorily, a problem with poor drainage in the backyard caused about half of the newly installed sod... View More

Tim Akpinar
Tim Akpinar
answered on Jan 13, 2025

A Georgia attorney could advise best, but your question remains open for a month. From a textbook standpoint, there could be a basis for compensation. From a practical standpoint, the matter might require the services of experts with technical insights into water drainage, such as civil engineers,... View More

2 Answers | Asked in Contracts, Collections, Divorce and Family Law for Georgia on
Q: A car has been awarded to my ex wife almost 2 years ago I have requested to have my name removed from the car

Multiple times and dealership has refused to remove me from the car what do I need to do because she has fallen behind on payments and now I'm getting collection calls

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 16, 2024

Only your wife can do this. You and she must sign the title over to just her, or however its done in Georgia post-divorce. That takes care of ownership. There's nothing anyone can do to take you off the loan, except your wife or you by paying it off. The divorce decree did not affect your... View More

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1 Answer | Asked in Contracts and Real Estate Law for Georgia on
Q: Can I sue a RE firm in GA for operating while Admin Dissolved for 14 yrs. I was served for eviction and looked them up.
Anthony M. Avery
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answered on Dec 13, 2024

You should be able to claim the plaintiff does not exist at Court. Hire a GA attorney to defend you. But Court will give them continuance to substitute proper party.

1 Answer | Asked in Arbitration / Mediation Law, Business Law, Civil Litigation and Contracts for Georgia on
Q: If I received a formal complaint from a business, is there a way to get a little more time to properly file an answer?

I had a car get stolen and I wasn't notified by the lender that it was recovered, because I could've paid for it then to avoid this. I'd like to respond and say that this feels predatory and try to find an agreement to settle the matter.

Tim Akpinar
Tim Akpinar
answered on Dec 5, 2024

A Georgia attorney could advise best, but your question remains open for three weeks. Until you're able to consult with a Georgia attorney, in most settings, the answer is "yes." It could depend on the law firm bringing the action, but most attorneys often grant a first-time request... View More

1 Answer | Asked in Consumer Law and Contracts for Georgia on
Q: If you have storage building in Augusta they cut your lock. If you are 15 days late & take pictures of your stuff
James L. Arrasmith
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answered on Oct 26, 2024

It sounds like you're worried because your storage facility in Georgia cut your lock after you were 15 days late on payment and took pictures of your belongings. In Georgia, storage facilities often have policies that allow them to take certain actions when payments are overdue. Cutting the... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Georgia on
Q: Hi I want to get out of my lease with receiving my deposit back my lease isn’t up until Feb 2025 but there are rodents

Infested within the home that I was unaware of I contacted my landlord in March and she told me to by rat traps which I did and since have caught 9 rats and there is something still in the home that’s leaving rat poop and has chewed through the walls . You can hear something moving around in the... View More

Kent Bailey
Kent Bailey
answered on Nov 3, 2024

Given what you have described in your question, it appears that you may qualify for termination of your lease under what is known as a "Constructive Eviction". A review of the terms of the lease would be necessary to advise specifically, however, I recommend that you speak with an... View More

2 Answers | Asked in Contracts and Real Estate Law for Georgia on
Q: How do I get the title of my home from the seller.

I entered into a lease to purchase agreement with my landlord. Once the contract and purchase were completed they refused to produce title to my home. It has been 5 years and they haven't produced the title. I now have a case pending in court, to be heard by the judge on October 24. What are... View More

Anthony M. Avery
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answered on Oct 8, 2024

Hopefully you have a GA attorney representing you. You will not be able to try this yourself. Proof of the contract, all payments, no tenant defaults and the landlord's default , will all have to be proven in Court. If you win, you will need to draft an Order and probably a Deed.... View More

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1 Answer | Asked in Consumer Law, Contracts, Antitrust and Collections for Georgia on
Q: Me and a guy agreed work on my car and returm i would help him work on his car now he wants 200 and want give me my car

My car is in peices not running now he's being a jerk and i dont want to work with him no more but now he has my car lock inside a bulding and want give it to me unless i give h 200 buckscan he do this to me

James L. Arrasmith
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answered on Sep 25, 2024

It sounds like you're in a difficult situation. If you had an agreement with the other person to trade services, but now they are demanding money and holding your car, it could be a breach of the original deal. It may not be legal for them to withhold your car, especially if you didn’t agree... View More

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