Contract Law 101 pacifically states to have a binding contract you must have;
2 people who both have something of value & are willing to exchange it Top 2 wireless providers that require a contract, if your monthly payment is not met your service is suspended/shut off. BUT continue to... View More
One party’s breach of a contract (for example, the failure to pay for a service) relieves the other party of its duty to perform (provide further service) until the breaching party cures his default (pays his bill). Again, basic contract law 101.
Hopefully I can explain this so it's able to be understood. If I give my husband POA over me, and someone besides myself has power of attorney over him, can the POA over him do anything involving me to "override" him? Like concerning bank accounts and similar things.
Unless you give your husband the power to delegate the authority you are giving to him to someone else in your power of attorney, any person to whom your husband may give a power of attorney does not have authority to act on your behalf under the power of attorney you give to your husband....View More
I wish you had indicated who the doctor sent your test being available, to. Otherwise, it's not possible to determine if this was a HIPPA violation or not. If you know to whom the notice was sent, please resubmit your question and I'll be happy to answer it, or someone else will as well.
I am about to file for divorce. I am the primary borrower for his vehicle. Only he has ever driven it, so it (along with the payments) should obviously go to him. There = about $6,000 left to pay. He just told me it broke down and will cost too much to fix. He said he can only trade it in for... View More
This is a tough spot you're in. You are absolutely, financially responsible for your loan on the car, whether it works or is broken or regardless of whether it was you or him who primarily drove it. It's a tough spot! In fact, I'll let you know the WORST part! Let's say you...View More
Original asking 200, I said I could not afford that. She asked what I could afford, I said my max limit was 100.00. she said she was okay with that. I said okay and paid the 100.00. she said she would deliver the dog. Several hours later she insisted I send her another 100 because she took dog to... View More
She owes you $100, period. She proposed what we call a "counter offer," i.e., you get the dog if you pay $100 + cost of rehoming etc. This "counteroffer" was NOT accepted by you. The only offer and acceptance of that offer, was your acceptance of her offer to sell the dog to...View More
We sold our home March 2021. We approached the realtor who sold us our home about selling it. We told her the amount we needed to make from it and if she couldn't then we would go another route. She assured us she could. Here is the problem, she neglected to write in our contract that if the... View More
You are correct in assuming that it IS your written "Listing Agreement," which governs the outcome of your lawsuit. You are unfortunate also, as because you are limited to the "written document," between you and the RE Agent, you will NOT be permitted to offer testimony on what...View More
We have a contingency that says, "The sale is contingent upon the seller entering into a contract to purchase a replacement property within 15 calendar days." This was on 10/31/22. Our agent is now saying we must terminate and pay 3% to seller and 3% to buyer. However, isn't this why... View More
Your agent appears to be relying on a listing agreement that calls for her to be paid her commission even if the buyer she found is precluded from closing due to the contingency in the purchase contract. So there are two different contracts at issue. One is the "listing agreement" with...View More
Over nine months ago. Now I guess my adjuster quit and they closed my file even though my contractor was communicating back and forth with the adjuster that quit and they want to start over from square one and send a new adjuster over to evaluate the damage. Isn’t there a time limit on how long... View More
"Bad faith," 2 words that lawyers enjoy bantering about and insurance companies loathe hearing. But, in Idaho, to show "bad faith," you must show that the insurance company's payment or treatment was "intentional" or based on gross negligence. Courts are fair...View More
I really enjoy questions like this because I champion the rights of home owners in an HOA. An HOA is kind of like being in the mafia, but instead of being a "soldier," treated with some respect, you're treated with disrespect and ridicule. You should get a copy of the HOA's...View More
If a real estate deal falls through, can the realtors you have say things to people about you? I had a real estate deal fall through and the realtor is saying horrible things about me now to a big social network we are all part of.
While this is not per se illegal, it is unwise. By disclosing information on social media, the RE officer can "defame" you; that is, if the RE agent discloses her "opinion" of you, that's not objectionable, except to you personally. Every human being is judged, based on...View More
I want to file an order for Appearance and Examination against a Judgment Debtor. However, the Debtor resides in California, while we (Judgment Creditor) reside in Idaho. We have already obtained a sister-state judgment so we're all good there. But do we need to fly... View More
Did you sue the debtor in California? or Idaho? Wherever you got your judgment is where you will file your "post judgment" motions. However, that's where the difficulty lies in trying to haul someone from CA to Idaho after the judgment. The subpoena power...View More
It's ALL in your contract. If they broke their contract with you, you can sue them for the reasonable value of your generator, less the money they gave you for pawn, plus the money you paid in monthly payments. Good luck to you!
I am a practicing member of the Idaho State Bar, my friend and have multiple lawsuits I can reference pleadings for if I need to. However, a "Template?" I'm sorry, no set of facts are the same; and, even the Rules of Civil Procedure have changed, just since my last suit. So, it...View More
I had an accepted purchase offer on a home I am buying. The home was advertised with a lifetime warranty on a metal roof. Prior to closing, I found out there was no permit on file for the new roof and the roof warranty was not a lifetime. The owner is not able to provide receipts for the roof in... View More
The fact that you closed on the property even knowing that the property did not have 50 years left on the roof, will be used against you as an "affirmative defense," if you sue to get out of the contract. You may have a breach of contract claim, if you can show that the 50 yr warranty...View More
Every contract for the sale of a car, includes "small print" provisions. If you carefully read all of the "fine print" provisions of the "extended warranty" addendum to the contract, it SHOULD say somewhere that after four months, the company may raise the payment to...View More
i know idaho is not consumer friendly but if i bought the car as is and my contract states if a written warranty is given then implied and express warranty can not be waived. the car has frame damage power steering has failed twice the car was not able to be driven for almost a month 3 days after... View More
The warranty that CANNOT be waived is the warranty that the "car will be fit for the purpose it was intended." If you bought the car "AS IS," did you ask any questions? Did you ask to have the car overnight to have a mechanic look at it? You also mentioned your question as a...View More
Sorry to tell you this but you have no other rights other than to move out. Hopefully, the new owner will give you thirty (30) days to move your things. That's tough, I know. Renters in Idaho have a tough row to hoe!
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