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Iowa Contracts Questions & Answers
0 Answers | Asked in Contracts and Estate Planning for Iowa on
Q: If a life Insurance policy has ownership provisions stating ownership transfers to parents of insured but hasnt.

Grandmother had a policy on my daughter. Grandmother passed and the insurance company is saying it went to her estate. The ownership provisions state it transfers to the parents of the insured until insured attains the age of 23. Why would they go against their own policy they issued?

1 Answer | Asked in Contracts for Iowa on
Q: What would happen if you decide to break a contract under mistrust
T. Augustus Claus
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answered on Sep 12, 2023

Breaking a contract due to mistrust can have serious legal and financial repercussions. Contracts are legally binding agreements, and unilaterally breaking them without valid reasons can lead to a breach of contract lawsuit. If you breach the contract, you may be required to pay damages to the... View More

1 Answer | Asked in Contracts for Iowa on
Q: What would happen if you decide to break a contract under mistrust
Tim Akpinar
Tim Akpinar
answered on Sep 20, 2023

An Iowa attorney could advise best, but your question remains open for a week. An attorney would probably need to look more closely at the setting. "Mistrust" could be considered vague, without more details. Good luck

2 Answers | Asked in Contracts and Collections for Iowa on
Q: Is a gentleman's handshake legal in Iowa? We sold a truck to a friend and have not received ful payment. what can we do?

My husband sold his truck to a person that worked for us and trusted he would pay us back. No paperwork was signed and we haven't received a "payment" in months. He has done a few hundred dollars worth of work for us but now isn't answering phone calls or texts. Do we have an... View More

Tim Akpinar
Tim Akpinar
answered on Jul 5, 2023

An Iowa attorney could advise best, but you posted two weeks ago. In general nationwide, verbal contracts can be enforceable. However, some contracts by their nature must be in writing to satisfy requirements under the statute of frauds (such as contracts for goods over a certain amount, real... View More

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2 Answers | Asked in Business Law, Civil Litigation, Contracts and Small Claims for Iowa on
Q: Can I sue in small claims court(or larger)for breach of contract against my daughters’ former dance studio? $10k wasted

Teen daughters danced at a studio. Annually fill/sign a standardized code of conduct form agreeing to policy of treatment of others. My kids (and others) were bullied by suburb mean girls. Owner informed. Kids were blamed by owner instead of helping. We told our kids to be overly nice (too nice to... View More

Erik Luthens
Erik Luthens
answered on Mar 16, 2023

I absolutely understand your frustration- both of my daughters danced on competitive teams for several years (my wife was also the varsity dance coach at Urbandale High School for several years). However, this is not a matter to be litigated in court (small claims or otherwise). If I were you, I... View More

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1 Answer | Asked in Contracts for Iowa on
Q: Can I sue my storage facility for making me Carry there (opt in) insurance coverage which cover's up to $7,500 for theft

I have receipts for all my items that was stolen,there insurance company has been provided with the Police report,my receipts for stolen items and pictures of My stolen tools also.But there insurance adjuster is using every excuse in the world to not pay out my ligit insurance claim.

John Michael Frick
John Michael Frick
answered on Feb 7, 2023

Ordinarily, a self-storage facility is not legally responsible for the theft of items from an individual renter’s storage unit.

Individual renters purchase insurance to cover theft or damage to their own stored property.

You store it. You lock it. You keep the key. And you keep...
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1 Answer | Asked in Contracts and Real Estate Law for Iowa on
Q: Daughter's ex's name is on property & loan, but daughter has been paying 100% on it for over 5 years.

Hello, My daughter has a house that she bought with an ex-boyfriend (never married). When they split up, they signed a contract saying she had 100% posession to the house for 5 years (until Mar 2023 - when the grant for 1st time home buyer ends). After that, she has 1st chance on refinancing/buying... View More

Erik Luthens
Erik Luthens
answered on Jan 10, 2023

Your daughter needs to retain a real estate attorney as soon as possible.

1 Answer | Asked in Products Liability and Contracts for Iowa on
Q: i bought a motor home from a private seller who told me it ran perfectly and had no issues. it caught fire a month after

a day after i got it it started dying on me anytime i started it. i found out the carburetor was rebuilt and wrongly at that, pieces missing and bent. then i found out they rewired it to add air conditioners which crossed with the fuel line. i was driving it the next day and it caught fire with my... View More

Tim Bottaro
Tim Bottaro
answered on May 6, 2021

I'm sorry but I don't practice in this area of the law. I would suggest you search for someone under auto sales; possibly breach of contract. Your matter deals with a transaction rather than a personal injury such as in a car crash case. You should try to focus in your part of the state... View More

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Iowa on
Q: Do I have to sell my home if co-owner wants to sell.

I was awarded the property in my devorce. Former friend Co signed for a loan for $63,550 5 years ago. To pay off the existing $35,000 and repairs to the home .

he want to sell it with him getting. 1/2 after I refused marrage to him.

Its all I have . Iam on disability.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 28, 2021

Yes. In this situation either owner can force the other owner to sell the property. It is called an action for partition.

1 Answer | Asked in Civil Litigation and Contracts for Iowa on
Q: I have a question about an apartment lease

I signed an apartment lease where it was stated I could pay rent by check or money order. About a month after signing the lease, the leasing office said they would no longer accept checks or money orders but that I must get online and allow the leasing office access to my banking account to draw... View More

Tim Akpinar
Tim Akpinar
answered on Nov 10, 2020

This is something that an Iowa landlord-tenant attorney would know best; your question may have gotten overlooked for three weeks in these other categories. You could repost under Landlord-Tenant or reach out to a L-T attorney. If you reach out to an attorney, they would likely ask to see a copy of... View More

2 Answers | Asked in Banking, Consumer Law and Contracts for Iowa on
Q: I was paid over $5000 by a company to advertise on my car. I deposited it into my bank and spent it.

The checks came back as fake and now my bank wants me to pay all the money back to them. I'm on Social Security Disability and can't afford to do that. Since my bank is FDIC insured, won't they get their money back that way? Am I really obligated? After all, the only true victim is... View More

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Sep 3, 2020

FDIC insurance covers you (the funds in your deposit account) if the bank fails (kind of like going bankrupt). As an account holder you are responsible to the bank for all checks deposited into your account. This is covered by law (under the Uniform Commercial Code) in every state, and all banks... View More

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1 Answer | Asked in Contracts and Real Estate Law for Iowa on
Q: If my apartment company is changing ownership mid-lease, is this grounds to terminate the lease by my choice?

We recently had to move cities due to a new job but are still paying on our apartment in the old location because our lease is not up yet. Our apartment company notified us that they are changing ownership and that all rent needs to be paid to the new owners starting immediately. Because our lease... View More

Erik Luthens
Erik Luthens
answered on Jan 24, 2020

No.

1 Answer | Asked in Banking, Business Law, Civil Litigation and Contracts for Iowa on
Q: Re: 3rd party financing thru a dealership. Is it legal to have someone sign an assigned contract if its already denied?

A bank denied credit before we signed. Dealer never told us but had same banks name on contracts as assignee.

Erik Luthens
Erik Luthens
answered on Jan 5, 2020

This question is too fact intensive for an online forum. You need to immediately retain an Iowa attorney to obtain an informed opinion.

1 Answer | Asked in Contracts and Animal / Dog Law for Iowa on
Q: Can I sue a Barn Manager for neglet and verbal abuse? How much evidence would I need to win my case if I choose to sue?

I had my horse in the care of a local barn. A few weeks after I moved him their the barn manager left him and several others without water. Had I not been there to fill up the water buckets I believe that they all would have coliced as they would have been without water for over 12 hours. She also... View More

Erik Luthens
Erik Luthens
answered on Dec 13, 2019

You believe that your horse “deserves justice” because he’s hungry? If you have at least $10,000 to pay an attorney to work towards justice, you might have a case.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Iowa on
Q: I worked for a company 6 months ago. They still havent paid me and are now saying I was "self contracted".

I was hired not knowing I was self contracted. The owner kept saying she would pay me on different dates and when those dates came she made excuses and no payment was recieved. She still hasn't paid me what she owes. There is also another "employee" she has done this to, she owes the... View More

Erik Luthens
Erik Luthens
answered on Nov 7, 2019

It appears that the owner of the company is asserting that you are an independent contractor rather than an employee; there are many factors which determine this. You should immediately contact an Iowa attorney who handles employment / workers’ compensation claims.

1 Answer | Asked in Civil Litigation and Contracts for Iowa on
Q: I live in Iowa and i am on a month to month lease. I have been here over 2 years now and always paid my rent in full

From my pocket. It's been late a hand full of times but I've always paid late fee. Recently myself and significant other ran into some hard times. We are both jobless, he is receiving his last check from unemployment, and we are unable to pay the rent this month. We went to general... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 25, 2019

Find a way to pay the $300 immediately. By allowing you to pay partial payments your landlord will have a difficult time explaining why he stopped doing it--right after agreeing to do the general assistance thing. It sounds like the landlord (or perhaps the owner?) does not want the hassle of... View More

1 Answer | Asked in Civil Litigation and Contracts for Iowa on
Q: I can prove perjury effected outcome of small claims in Iowa. Can I sue them again in small claims?
Erik Luthens
Erik Luthens
answered on Dec 9, 2018

If the appeal time has not yet run, you should raise that issue on appeal. If the appeal time has passed, you can try to file another action based on the fraud perjury) the other party committed.

1 Answer | Asked in Civil Litigation and Contracts for Iowa on
Q: I hired a business to do all my hard work. He showed one day for maybe 45 min. Said he would be back later to finish fro

I had to text him he said he never guaranteed hed be back. He said he would be back two days later. He did not. Once again I had to contact him. He said he would be there the next day early and his crew would also be there. Once again nothing from him.i text him he said he would come 2 days from... View More

Erik Steven Fisk
Erik Steven Fisk
answered on May 8, 2018

Legit case? Maybe, for whatever amount of the $200 he didn't earn. I don't see why he would have to pay you for new lawn service, though.

1 Answer | Asked in Consumer Law, Contracts, Small Claims and Civil Litigation for Iowa on
Q: Can you sue in small claims court for money and the termination of a contract on a car?

I was sold a car and the dealership committed fraud and lied in their contract. The contract is worth 18,000. I want to retrieve $5,000 from them and also want the debt of the contract to be gone. Can I do this if the small claims court max is $5,000?

Harley C. Erbe
Harley C. Erbe
answered on Jan 11, 2018

If you have good evidence of fraud, there's no reason to limit yourself to small claims court. You should instead pursue a claim in regular district court under Iowa's private consumer fraud act, Iowa Code Chapter 714H. I have information about that law on my website. Iowa Code Chapter... View More

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