Ask a Question

Get free answers to your Contracts legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Indiana Contracts Questions & Answers
0 Answers | Asked in Contracts and Business Law for Indiana on
Q: My franchisor sold my agreement to their non profit, ceased communication and support. Do I still pay royalties?

I bought a franchise 3 years ago. They had 17 locations at the time. 18 months ago the CEO fired everyone and we have been operating with no support. They told me in May that they sold my agreement to their nonprofit. They continue to take royalties even though they’ve ceased communication and... View More

0 Answers | Asked in Contracts, Criminal Law and Civil Litigation for Indiana on
Q: Sold a truck to friend with a verbal agreement. They came and took the truck, haven't paid, won't respond. What do I do

After down payment was made, I gave them one set of keys, NOTHING more. It's been two months, they have came and took the truck without my consent, won't pay or respond.

0 Answers | Asked in Contracts for Indiana on
Q: What legal actions can I take in the event I had co-signed for a mortgage and now I’m trying remove my name

I’m trying to take my name off the loan so they need to refinance but they slow walking the process

0 Answers | Asked in Contracts and Real Estate Law for Indiana on
Q: I have a contract to sell a home and the buyer is refusing to proceed with closing. They are not pursuing financing.

The lender required documentation for a roof replacement that took me about a week to get. Now the buyer says the financing has fallen through and they want out. They cited a cost to extend their rate lock which I offered to pay. Now they have sent a mutual release which I have not signed. How... View More

1 Answer | Asked in Contracts and Real Estate Law for Indiana on
Q: Recently sold my property AS IS buyer cut down trees judge gave me until 15th for my stuff out can I sell the trees

Recently sold my property AS IS buyer cut down trees judge gave me until 15th for my stuff to be out can I sell the trees the current buyer cut down and left in the yard

Debra Kradjian Stephans
PREMIUM
Debra Kradjian Stephans pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2024

If you sell your house "as is" you are leaving the property to the new owner the way it is with all of its flaws and conditions in conjunction with the terms of your contract of sale. Typically, if you are moving out of house, you take your personal belongings and anything else that was... View More

1 Answer | Asked in Real Estate Law and Contracts for Indiana on
Q: Signed expired purchase agreement on home. Contract states if not signed by seller and accepted by buyer before expirati

on then it's null and void and no liability on either party. Is the seller still somehow liable?

Debra Kradjian Stephans
PREMIUM
Debra Kradjian Stephans pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2024

This is basic contract law. There are 3 essential elements to a contract. Offer, Acceptance and Consideration. An offer typically has a time limit and if it does not it will be based on a reasonable time. Since there is a time limit on the purchase agreement in question, the offer expires when... View More

1 Answer | Asked in Contracts and Small Claims for Indiana on
Q: If someone wants to borrow money & OFFERS an interest rate higher than state max, can I accept it w/o usury concerns?

Indiana State max interest on loans is 21% per annum, but I would not be stipulating, requiring, or requesting the interest. I would strictly be accepting an offer made voluntarily. For example, someone wants to borrow $100 for a week and offers to repay $110. Can I accept this without running... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024

In Indiana, the maximum allowable interest rate on loans is regulated by state usury laws, and exceeding these limits can result in legal consequences. While state law may set a maximum interest rate, it's generally applicable to contractual agreements. If the borrower voluntarily offers a... View More

1 Answer | Asked in Contracts, Real Estate Law, Tax Law and Business Law for Indiana on
Q: The correct entity name to be registered with SOS Indiana

For asset protection and Tax minimisation purposes, for rental properties in Indiana that is owned by a Series LLC (ie. Example LLC - Scenario Series) formed in Texas, should the full series entity name (ie. Example LLC - Scenario Series) be registered with Secretary of State Indiana for foreign... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024

In your case, dealing with a Texas Series LLC owning rental properties in Indiana, the registration with the Indiana Secretary of State (SOS) requires careful consideration. The Series LLC structure is unique in that it allows for separate series or cells within a single LLC, each with its own... View More

1 Answer | Asked in Contracts and Real Estate Law for Indiana on
Q: Can we break a 9 year "Lease With Option to Buy" contract to relocate for a current employer?
Tim Akpinar
Tim Akpinar
answered on Jan 9, 2024

An Indiana attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney to review your lease with you in detail, you could repost and add Landlord-Tenant as a category. More attorneys with insight into such matters could see your... View More

1 Answer | Asked in Consumer Law, Contracts and Banking for Indiana on
Q: Can lender file for lost title or duplicate title after selling car to insurance company and accepting payment for acv

Lender sent title to insurance company I then bought it back from insurance company for salvage price insurance company sent me my title with lien holder release of lien

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2023

In Indiana, once a lender sells a car to an insurance company and receives payment for the actual cash value (ACV), they generally lose their rights to the vehicle, including any claims to its title. If you have bought the car back from the insurance company at a salvage price and received the... View More

1 Answer | Asked in Consumer Law, Contracts and Criminal Law for Indiana on
Q: Can a dealer file for lost title after accepting payoff amount from total loss insurance claim
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2023

In Indiana, once a dealer accepts the payoff amount from a total loss insurance claim, their rights to the vehicle, including the title, are typically relinquished.

This means that the dealer should not file for a lost title if they have already settled the claim with the insurance...
View More

1 Answer | Asked in Contracts, Criminal Law and Constitutional Law for Indiana on
Q: How can South Dakota charge me with stealing a motorcycle when I purchase it in Indiana and have sales receipt

My husband purchased a used Harley from a woman in Indiana. When you give him the title, he noticed the woman’s name wasn’t it wasn’t titled in her name she had signed on as a purchaser, but never sent it in and title it in her name when I asked her about that she explained that she had power... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2023

If the motorcycle was reported stolen in South Dakota, authorities there have jurisdiction to press charges if the vehicle is found within their state, regardless of any sales receipt you possess from Indiana. The concept of 'title jumping' refers to the act of selling a vehicle without... View More

1 Answer | Asked in Contracts, Employment Law and Tax Law for Indiana on
Q: when bringing on a new hire is ADHD a disabled status?

Part of the pre application questionnaire, does the hire fall under disabled

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 2, 2023

Yes, ADHD is a disability under the Americans with Disabilities Act (ADA). The ADA defines a disability as a physical or mental impairment substantially limiting one or more major life activities.

If the hire indicates that they have a disability, you are then required to provide reasonable...
View More

1 Answer | Asked in Contracts for Indiana on
Q: If I get a storage unit under false pretenses thinking that is a secure facility and my things get taken can I sue them

I got a storage unit under full pretenses thinking that they were a secure facility with cameras and a gated facility like they claimed on their website and what they told me and then my things get stolen because there's no security and no cameras for footage can I sue them?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2023

If the storage facility misrepresented the security measures in place, and that misrepresentation was a significant factor in your decision to rent a unit there, you might have grounds for a lawsuit based on false advertising or breach of contract.

The success of such a claim would depend...
View More

1 Answer | Asked in Contracts, Business Law, Civil Litigation and Legal Malpractice for Indiana on
Q: Lawyer violated rules conduct terribly with doc. Evid., commision denied the claim an did not act what should do next?!?

Had proof, they admitted the act in email, withdrew early and falsified the reasoning to the courts. But lied to me, made huge mistakes, acted without competence or diligence to the point of me have to help them and tell them how to do things. Confronted firm multiple times of actions but was... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 28, 2023

Of the many items you list as error, some may lead to a legal malpractice claim. Consult with experienced Legal Malpractice specialists attorneys in the state where this occurred.

1 Answer | Asked in Construction Law and Contracts for Indiana on
Q: Under common law does Indiana recognize UCC 1-207 ?
John Michael Frick
John Michael Frick
answered on Sep 10, 2023

Indiana statutorily adopted the UCC. UCC 1.207 is IN Code 26-1-1-207: https://law.justia.com/codes/indiana/2022/title-26/article-1/chapter-1/section-26-1-1-207/

The UCC is statutory law, not common law, although many of its provisions originated from the common law of merchants

1 Answer | Asked in Consumer Law, Contracts and Insurance Bad Faith for Indiana on
Q: Can my homeowners insurance refuse to replace my furnace if it was damaged by a power surge and voided the warranty?

The AC/furnace is 4 months old and had a 10 year warranty. The power surge voided the warranty. The insurance company wants to fix it instead of replacing it, which means I lose the remaining 9+ years of warranty. They also want to pay me $500 to replace a $1200 washing machine that the power... View More

Tim Akpinar
Tim Akpinar
answered on Sep 20, 2023

An Indiana attorney could advise best, but your question remains open for two weeks. On option might be to discuss their proposed repair/component replacement with your furnace company (if you mean their warranty) - if the power surge only affected control components. Another route could include... View More

1 Answer | Asked in Contracts for Indiana on
Q: My mom had power of attorney on me while I was in jail she sold my property and she has kept all the money. What can I d

I have the contract and receipt book where she's gotten all the payments, she won't give me my money.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2023

Since your mom had power of attorney while you were in jail, she had the right to manage your assets, including selling your property. However, she had a fiduciary duty to act in your best interest. Misappropriating the funds from the sale could be a breach of that duty. You may consider gathering... View More

1 Answer | Asked in Bankruptcy and Contracts for Indiana on
Q: What does this mean? It is ordered that the motion to Avoid Judicial Lien as to DATA is denied without prejudice.

DATA won a lawsuit against and individual for breach of contract. DATA won over $300,000 to be paid by individual. He never paid and within a year filed for bankruptcy. Today received a letter from United States Bankruptcy Court Southern District of Indiana an Order denying Motion to Avoid Lien... View More

Timothy Denison
Timothy Denison
answered on Jul 19, 2023

DATA has apparently liened up some of the debtors property. The debtor sought to strip the creditors lien off his property but the court denied the motion to do so.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.