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Minnesota Contracts Questions & Answers
1 Answer | Asked in Contracts, Estate Planning and Family Law for Minnesota on
Q: Does the principle have to be present at a TX bank, if both co-agents of a DPOA want to modify the principles account?

My cousin and I are both the agents (acting jointly) for our Aunt, who's 79 yrs old, on a durable power of a attorney.

The Principle has diminished mental capacity, is a US citizen currently living in the Philippines. One agent is in Nevada, the other agent is in Minnesota. Only one... View More

Joshua Damberg
Joshua Damberg
answered on Feb 6, 2019

Generally, the answer to this is no. The Principal should not need to be present for his or her Attorney(s)-in-Fact to use the Power of Attorney document. In light of the recent epidemic of misuse of POAs and the exploitation of the elderly, many banks have attempted to institute additional... View More

1 Answer | Asked in Small Claims, Contracts and Collections for Minnesota on
Q: I recently co-signed an auto loan for a friend who promised to make payments. Now he has refused to make payment but

Lied about making payment. The bank just contacted me and I've tried several times to reach the borrower but he refused to respond to my messages, emails or answer/return any of my calls. I can't afford to make payments as am struggling to care for my child as a single parent. The... View More

Joseph A. Gangi
Joseph A. Gangi
answered on Sep 27, 2018

If you co-signed, then you are likely responsible just as equally as your so-called friend. Your options may include refinancing, forbearance, taking out another loan to pay this back, borrowing money to pay it off, etc. You will find many resources, blog posts, AG articles, and the like... View More

1 Answer | Asked in Civil Rights, Contracts and Libel & Slander for Minnesota on
Q: Violation of civil rights, breach of contract, defamation

Expelled from college for appealing a 1 year suspension. Sexual assault policy violation. Both parties drinking, male found responsible. Criminally charged but case dismissed prior to trial. Criminal discovery revealed exculpatory evidence that all female title IX committee withheld from... View More

Gary Kollin
Gary Kollin
answered on Aug 26, 2018

And your question is what?

1 Answer | Asked in Civil Litigation, Contracts and Criminal Law for Minnesota on
Q: I was recently terminated from a court ordered group class for a breach in their confidentiality agreement.

Like I said above, however we are acquaintances outside of the program and we live in a small town so word gets around quickly. I shared some info with a third party person about somebody in group told me, however the information was shared with me over a private conversation while we were sharing... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Jul 3, 2018

In the context of successful completion of programming as a condition of probation (conditionally stayed jail or prison time), it not likely a judge will want to get into the details of why a probationer was kicked out of a program. I am skeptical that would be a fruitful approach. Rather, it may... View More

1 Answer | Asked in Contracts and Copyright for Minnesota on
Q: Self-publishing a fitness book, with models wearing brands like Nike/using equipments with brand logos on it, copyright?

The book has many photos of models performing a demo on how to do a certain exercise. Models are wearing clothing with brand logos like Nike or using equipments with brand logos on it. Is that a copyright issue? Would I need to cover all the logos? even though those are items that we own?

Jason Brooks
Jason Brooks
answered on Apr 11, 2018

Unfortunately this would qualify for infringement. While it’s unlikely that any of these brands would care, namely because it’s free advertising for them, any of them would be well within their right to sue you and shut the project down. To be on the safe side I would definitely either reshoot... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Minnesota on
Q: Am I obliged to pay rent after lease ends and what are consequences?

I mailed in 2 months notice to vacate but landlord says they did not receive it. I believe it's due to wrong address. Once issue was brought to my attention, I mailed in a copy of the notice 15 days before lease ends. They are saying that I must go month to month for a month

Joseph A. Gangi
Joseph A. Gangi
answered on Sep 11, 2017

The answer depends on the wording of your lease, so a simple answer is just not possible at this time.

1 Answer | Asked in Contracts for Minnesota on
Q: Am I in the right or in the wrong? Do they have concrete evidence?

I signed a contract for a shortfilm that was to be completed in May though it doesn't actually say that in the contract. I got into an altercation with the producer a while ago because he wasn't going to pay one of the makeup artists her money. I told him if he didn't pay her, I... View More

Lucas Wynne
Lucas Wynne
answered on Aug 11, 2017

Too little information is known to provide a concrete answer in this situation. I would need to know the contractual arrangement between you and the other party.

1 Answer | Asked in Contracts and Real Estate Law for Minnesota on
Q: Unable to make balloon payment in contract for deed, can we be sued for amount owed or can we just walk away?

7 year contract for deed for a lake property. We had a 20% down payment and have paid a large amount in monthly payments. In total we have paid over half of the purchase price. With permission from the seller we've been trying to sell for 3 years. If we are unable to sell we'd like to cut... View More

Joseph A. Gangi
Joseph A. Gangi
answered on Apr 20, 2017

The seller will likely send you notice of cancellation of contract for deed and if you fail to cure the default you will lose your prior payments / equity, and the property.

1 Answer | Asked in Contracts, Criminal Law, Family Law and Federal Crimes for Minnesota on
Q: Would emancipation wedding with someone I love help get them out of a charge with me that's 3rd degree sexual conduct?

I am 16 and my boyfriend is 22 he just turned 22 not even a month ago. Me and him have been dating awhile and I hate where I live and have been wanting to live with him and start our lives. (I know I am young but I am mature enough). While with these charges would we still be able to get married... View More

Lucas Wynne
Lucas Wynne
answered on Mar 3, 2017

Consent is not a defense to the statutory rape of a minor in the state of Minnesota. Thus, marrying this individual would not result in the charges being dropped. Further, the marriage would require parental consent. I suspect the state would not take too kindly to your parents granting you consent... View More

1 Answer | Asked in Contracts and Consumer Law for Minnesota on
Q: I have a "RETAIL SALES INSTALLMENT CONTRACT" with Home Choice

I and noticed today my copy of said contract has no signatures and my typed name on the contract is not correct. Should I not have a copy of the contract containing the signatures of both parties?

Glenn B. Manishin
Glenn B. Manishin
answered on Dec 22, 2016

From your answer it seems the contract was prepared by the seller. Since you have the goods you are acting in accordance with the contract and so are they. That is a manifestation of mutual assent to the terms. So signatures are not needed (although that is certainly not the best ordinary course... View More

1 Answer | Asked in Contracts for Minnesota on
Q: Can I void a contract with a roofer my girlfriend signed without my knowledge and permission? I'm the home owner not her

One of those door to door roofers came to my home and offered my girlfriend a free roof inspection. He then had her sign an agreement that if the insurance claim was approved the would get the job. She does not own the home, I am the sole owner, and she told him this and he said it was fine. She... View More

Lucas Wynne
Lucas Wynne
answered on Dec 7, 2016

This depends on the particular situation at-hand and more facts would be needed, but I would say there's a good likelihood you can get out of this.

1 Answer | Asked in Contracts and Real Estate Law for Minnesota on
Q: If you sign a 3 month contract w/RE agent & later change mind about selling home, any way you can get out of contract?
Joseph A. Gangi
Joseph A. Gangi
answered on Oct 13, 2016

Check the terms of the contract. Usually they have an "opt-out" or similar clause. You can also simply agree to cancel the contract. I suggest consulting with an attorney - a review of your particular facts and the contract will provide you with the best guidance.

1 Answer | Asked in Contracts and Juvenile Law for Minnesota on
Q: I'm 15 and I made a pledge to a organization on the phone am I forced to donate what I pledged ?

It's a cancer organization located in Florida and I'm located in Minnesota I made a pledge of 35 dollars and I want to if I could get in trouble if I don't donate or could my parents get in to some sort of trouble.

Lucas Wynne
Lucas Wynne
answered on Aug 22, 2016

In a word, no. You'll be fine.

1 Answer | Asked in Contracts, Animal / Dog Law and Landlord - Tenant for Minnesota on
Q: should the pet policy be clearly stated in the lease agreement?

In the lease agreement it says under pets ' I may not keep any animals of any kind without the written consent of management.' I emailed my landlord asking to have a pet and she tells me her pet policy and that it'll be a $200 damage deposit. But her 'pet policy ' was... View More

Joseph A. Gangi
Joseph A. Gangi
answered on Sep 2, 2016

You need written consent -- but you won't get written consent without paying the $200. If you have a pet without written consent, that would be considered violating the terms of your lease and could be grounds for eviction.

1 Answer | Asked in Contracts and Real Estate Law for Minnesota on
Q: Can I back out from buying a house?? Is it true that my agent will get sued if I back out?? PLEASE HELP!!

Hi. We are supposed to close on the house in 7 days but I don't want to buy the house anymore. We don't think we can afford it plus my husband has been having a hard time on one of the jobs I know that should have been thought first thing, but we were so excited at first that we didnt... View More

Joseph A. Gangi
Joseph A. Gangi
answered on Jul 22, 2016

Check your purchase agreement and see what the default terms and remedies are. Check with your lender and see if you still qualify for the loan. It is not a bad idea to notify the seller -- they might have a back-up offer ready to go or they may be fine with simply keeping your earnest money.

1 Answer | Asked in Education Law and Contracts for Minnesota on
Q: I attend a private school. Students phones are routinely seized and searched for minor policy infractions?

We signed a contract that allows them to take our phone at anytime and search it. Is the enforcement of this policy legal and is it legal for the school to make us sign this contract?

Lucas Wynne
Lucas Wynne
answered on Jul 21, 2016

Schools are allowed to exhibit a greater deal of control over students in the school than would be allowed in other situations. The contract isn't so much a legal contract as it is a "behavior contract" for the purpose of communicating the policy to students. The school is allowed to... View More

1 Answer | Asked in Animal / Dog Law and Contracts for Minnesota on
Q: Do I need to help the new owner of the puppy pay his medical bill? We sold him as he is with no contract agreement.

We got a puppy from a small breeder. Within a week, we could no longer take care of him. We decided to rehome with with a fee. A few days after, the new owner asked that I pay half of his medical bill because they weren't aware of his infection he had (nor did we). We had no contracts or... View More

Lucas Wynne
Lucas Wynne
answered on Jul 19, 2016

Although I do not know the full facts of this scenario, the answer would be no in this type of situation generally.

1 Answer | Asked in Contracts for Minnesota on
Q: Can I sue Publish America for breach of contract?
Charles Snyderman
Charles Snyderman
answered on Apr 17, 2014

I assume you are asking whether you have a valid claim for breach of contract. You will need to meet with an attorney, provide a copy of the contract for the attorney to read, and then provide the facts regarding what Publish America failed to do.

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