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Georgia Contracts Questions & Answers
1 Answer | Asked in Contracts, Real Estate Law, Civil Rights and Federal Crimes for Georgia on
Q: My boyfriend and i signed rent to own papers and paid the house off. Owner forged his name left mine off the deed. Legal

They quick claimed it without my knowledge and without my name being added.

Anthony M. Avery
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answered on Jul 14, 2023

If you were a signature party to the land contract, then you sue the seller/grantor for breach of contract. Hire a GA attorney that does real property litigation. A Notice Lis Pendens will need to be filed. All interested parties must be defendants (besides you) for setting aside the Deed or... View More

1 Answer | Asked in Contracts, Business Law and Mergers & Acquisitions for Georgia on
Q: What is a business trust? And how does one purchase a business that is owned by a trust and an individual? Thanks
T. Augustus Claus
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answered on Jul 7, 2023

A business trust is a legal entity that holds and manages property or assets for the benefit of beneficiaries. It is formed through a trust agreement, where a trustee holds legal title to the assets and manages them according to the terms of the trust.

When purchasing a business owned by a...
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1 Answer | Asked in Contracts for Georgia on
Q: Hey I'm in a walk away lease with a mega carrier and I have been to the shop multiple times the problem doesn't be fixed

And they hold me in the shop 3 to 4 weeks with no pay so I have to cover 2 bills for the same problem what can I do? My lease is paid off but I can't get the maintenance bill done

T. Augustus Claus
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answered on Jul 6, 2023

In situations where you're facing ongoing maintenance issues with your leased vehicle and the carrier is not addressing them adequately, it's important to review the terms and conditions of your lease agreement. Look for provisions related to maintenance and repairs, as well as any... View More

1 Answer | Asked in Consumer Law, Contracts, Construction Law and Small Claims for Georgia on
Q: A non-licensed conditioned air contractor mis-wired my heat pump. I refused to pay him. I had to rewire it myself.

How much must I pay him for the part he did properly?

John Michael Frick
John Michael Frick
answered on Jun 20, 2023

You must pay him the customary and usual fee for the part he did properly.

1 Answer | Asked in Civil Litigation and Contracts for Georgia on
Q: Doing the 2020 COVID 19 Life Storage in Columbus Georgia stole or the employee Weekend of July 3,2020 during this time
Tim Akpinar
Tim Akpinar
answered on Jun 26, 2023

A Georgia attorney could advise best, but your post remains open for two weeks. It looks like part of the question may have gotten left off. Good luck

1 Answer | Asked in Bankruptcy, Small Claims and Contracts for Georgia on
Q: Should I accept the debt I was served with or say no and go to court? I need the easiest/cheapest way through this.

Hello, I was served with papers on May 23rd which started my 30 days to respond from Prestige Financial. I had filed bankruptcy, Ch. 7 in April 2021 and got a car through Prestige. They were 1 of many people that sent me letters about getting a car because I filed bankruptcy. I'm a married... View More

Timothy Denison
Timothy Denison
answered on Jun 14, 2023

Determine whether you view the debt first. If you don’t, challenge it in court. If you do, try and negotiate a payment plan or lump sum payment to resolve. Consular sn attorney who can help you choose the right path.

1 Answer | Asked in Bankruptcy and Contracts for Georgia on
Q: Is it ethical (or legal) to sell shares of your small business knowing that you are currently filing bankruptcy?

In GA, what is the avg timespan from hiring an attny to the actual filing of Chapter 11 paperwork? We purchased shares of a local business directly from the owner on February 2 and they filed for bankruptcy March 1. During our meetings, they advised they were going to be using the funds to expand... View More

Timothy Denison
Timothy Denison
answered on Jun 7, 2023

It could be construed as fraudulent conduct. I would tread very carefully in this matter to avoid any allegations of fraud or misconduct.

1 Answer | Asked in Civil Litigation and Contracts for Georgia on
Q: tenancy in common law says property will be shared equally UNLESS "the contrary appears" how does the contrary appear?

I am 95% owner. the 5% co-owner is not taking true responsibility for the property. he is only causing trouble.

how does the contrary appears clause apply in this law?

if i can prove that he is behaving contrary to the best interest of the property, does that qualify?... View More

Jennifer Pierce
Jennifer Pierce
answered on Jun 5, 2023

If your ownership deed specifies that you have a 95% ownership and the co-owner only has 5%, then that's what you have. If the deed does not set out those percentages, then it is presumed you hold title in 50/50. The co-owner's behavior has no bearing on how much they own.

1 Answer | Asked in Civil Litigation, Real Estate Law and Contracts for Georgia on
Q: Is whether a business carries insurance public knowledge? Could I look this information up online?

I am looking for information on a home inspector / LLC owner.

Peter J. Weinman
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answered on May 25, 2023

A home inspector's insurance is not public information. Although you did not say why you're asking, if it's because you want to sue an inspector for failing to spot a problem (the typical reason), you should look to your agreement with the inspector and you'll probably notice... View More

2 Answers | Asked in Business Law and Contracts for Georgia on
Q: Personal vs business name on a contract?

I am a physician independent contractor doing locum jobs. I have my own LLC. I am having a new part-time job, what name should I put in that locum contract? My name or the business LLC name? Does it matter? Can I simply use my name and have the LLC name put on the W9? Thanks

Jonathan Avi Barash
Jonathan Avi Barash
answered on May 15, 2023

People set up LLCs for various reasons, but primarily for tax reasons and to limit their personal liability. As far as the latter reason, while an LLC could limit your liability for business debts, it probably won't limit your liability for any malpractice claim as such claims are almost... View More

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2 Answers | Asked in Contracts and Civil Litigation for Georgia on
Q: If a lawyer is fired by you and he puts lean on the case. Is the lean still good.

He was fired but the case still continued 9 months later is the lean still good.

Michael W. Horst
Michael W. Horst
answered on Apr 30, 2023

Yes. A valid attorney's lien survives indefinitely. In fact, the lien stays on a case until the lien is satisfied or removed by a judge. If you wish to learn further information about attorney liens in Georgia, please check out the applicable statute - O.C.G.A. 15-19-14.

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1 Answer | Asked in Contracts and Divorce for Georgia on
Q: I was threatened n forced to sign over my rights do I have a case

Sam messin n fix yelled At me

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 27, 2023

You should speak directly with an attorney and provide them a detailed account of what transpired with regard to your parental rights. Then they can provide you with the best course of action and how they can assist you with getting the relief you are seeking.

1 Answer | Asked in Contracts, Family Law, Child Custody and Child Support for Georgia on
Q: Any lawyer available to write a new and detailed parenting plan? This with be a modification. Thank you.
Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 25, 2023

You will have to contact an attorney directly and speak with them. And I would explain to the attorney exactly what you are looking for, so they can determine if they are able to bill for simply writing a parenting plan for an ongoing case.

1 Answer | Asked in Contracts and Real Estate Law for Georgia on
Q: Earnest Money returned. My investor purchased a property and signed an Assignment Agreement

Thank you for any help. This contract was an assignment. Wholesaler 1 gave to Wholesaler 2. My understanding now, this contract was assigned to an Real estate agent, Agent Wholesaled to 1. Wholesaler 1 to 2. Investor purchased a property and signed a non refundable agreement sold as is.... View More

James Clifton
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James Clifton
answered on Apr 19, 2023

The simple answer is you file a lawsuit naming all of the parties - the original seller, wholesaler 1, wholesaler 2, and the real estate agent. One of the biggest issues with wholesaling is that it has severe issues with fraud. Oftentimes, there is a failure to disclose the property condition,... View More

1 Answer | Asked in Contracts and Construction Law for Georgia on
Q: I just recently bought a new house Dec 2022 still under warranty that has got construction defect - slab soaking water.

Garage concrete is soaking water most especially when it's rained. According to the repairer that came to fix the problem, there is a Crack on the slab causing the problem. Fix is to put a pump on the garage floor to evacuate the rain water. That's not acceptable to me to have to rely on... View More

Jonathan Avi Barash
Jonathan Avi Barash
answered on May 15, 2023

One thing I will tell you is the before you can bring a lawsuit for this defect you will need to go through the "Right to Repair Act" process which requires a specific kind of notice be send to the contractor/builder in a specific way. There is some information about the Right to Repair... View More

1 Answer | Asked in Consumer Law, Contracts, Employment Law and Workers' Compensation for Georgia on
Q: I currently have a 501c and want to add a LLC to it. What do I have to do?
Glenn M. Lyon
Glenn M. Lyon
answered on Apr 13, 2023

It depends on what you mean by "add the LLC." In many instances, having a non-profit own a for-profit entity is a bad idea and can lead to the non-profit losing its tax exempt status. Discuss with an attorney who deals with non-profits.

1 Answer | Asked in Contracts and Employment Law for Georgia on
Q: If a non-compete prohibits working for a client for 2 years, does it cover working as an independent contractor for one?

Georgia law applies; contract work involves helping the client finish writing documentation regarding the former employers software.

Glenn M. Lyon
Glenn M. Lyon
answered on Mar 23, 2023

It depends on the terms of the agreement. Most non-competes include competing as an employee and as a contractor, and in any other capacity.

1 Answer | Asked in Contracts and Civil Litigation for Georgia on
Q: Need to Find a lawer to help me with a breach of contract

To keep my mortgage company from take my home with Fraudulent financial transaction Deception.

Tim Akpinar
Tim Akpinar
answered on Mar 13, 2023

A Georgia attorney could advise best, but your question remains open for two weeks. If you're looking for a lawyer, there are sites that act as attorney referral services. The format here is limited to Q & A. There is a tab above, Find a Lawyer. You could use that to supplement your... View More

1 Answer | Asked in Insurance Bad Faith and Contracts for Georgia on
Q: What type of lawyer do I need to look for for suing an insurance company that is not my own?

An Insurance company is refusing to reimburse me for a rental car that I used why my vehicle was being repaired after being involved in an accident that was caused by there insured driver. They have only reimbursed me about a third of what the total cost is and refuse to tell me why they wont... View More

Tim Akpinar
Tim Akpinar
answered on Feb 27, 2023

A Georgia attorney could advise best, but your question remains open for a week. An accident or civil litigation attorney should be able to handle something like this. As for the carrier's position on low reimbursement, additional information is needed. If they don't agree with you on the... View More

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Georgia on
Q: If I'm under an at will lease and a diff company took over who's lease do I follow? Never seen new company lease
John Michael Frick
John Michael Frick
answered on Feb 10, 2023

You follow the lease you signed until you sign a new lease.

It is common for both residential and commercial properties to change ownership. Leases, security deposits, etc are routinely assigned in such a sale. If you recorded your lease in the deed records before the sale, the new owner...
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