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New York Contracts Questions & Answers
2 Answers | Asked in Contracts, Criminal Law, Civil Rights and Legal Malpractice for New York on
Q: I'm looking for a walk in law office regarding representation.
Carl Nelson
Carl Nelson
answered on Nov 6, 2024

You’re in luck, the world is full of them. You can do a Google search or contact your local bar association.

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0 Answers | Asked in Civil Litigation and Contracts for New York on
Q: I had a guy that come to buy my snowmobile before any title was signed or a bill of sale was filled out he drove away,

He never returned the following day to do the paperwork as was planned, I ten informed him I wanted to cancel the sale and return his money and take my snowmobile. At that point he dropped all communication. Is a short text conversation considered legally binding contract between us? If so I... View More

1 Answer | Asked in Contracts for New York on
Q: I just signed a contract for selling my house less than 24 hours ago in New York state. I wrote them:

I need to cancel that contract which was signed less than 24 hours ago. Is it legal to have my contract broke without any penalty. Can you please help me. They are telling me that I cannot break the contract because New York State does not have a law like that but everything I am reading is stating... View More

Jack Mevorach
Jack Mevorach
answered on Oct 29, 2024

I don't think the 3 day cooling off law applies to this type of contract, but I could be wrong. Did you deposit any funds from the purchaser?

Jack

1 Answer | Asked in Banking, Contracts and Tax Law for New York on
Q: Is the Internal Revenue Code positive law?

My friend was wondering if the Internal Revenue code is positive law. He said that because it is covered under title 26 of the USC it is Prima Facie interpretations of the law and are therefore invalid. He also says that because Congress unconstitutionally gave power to the Secretary of Treasury to... View More

James L. Arrasmith
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answered on Oct 24, 2024

Yes, the Internal Revenue Code (IRC) is considered positive law. Title 26 of the United States Code was enacted by Congress in 1986 and serves as the official compilation of federal tax statutes. When a title is enacted as positive law, it means the text itself has been passed by Congress as law,... View More

1 Answer | Asked in Contracts, Tax Law, Traffic Tickets and Gov & Administrative Law for New York on
Q: Because the DMV has a UEI number does this make it a corporation?

My friend was wondering if because the DMV has a UEI number that that makes it a corporation. I tried to tell him that it is simply a state government agency responsible for issuing licensing and registration however he believes that having that number makes the DMV a for profit corporation.... View More

James L. Arrasmith
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answered on Oct 24, 2024

Having a UEI (Unique Entity Identifier) number does not make the DMV a corporation. The UEI is simply a unique identifier used by various government agencies to track entities for administrative purposes. The DMV remains a state government agency responsible for issuing licenses and registrations,... View More

1 Answer | Asked in Contracts, Real Estate Law and Business Law for New York on
Q: I am considering legal action against my property management company. T

I am considering legal action against my property management company. Their negligence in managing my property, particularly in their interactions with the city, has resulted in a financial loss of over $7,000. Given their failure to respond to my communications and their apparent breach of our... View More

Jack Mevorach
Jack Mevorach
answered on Oct 21, 2024

Perhaps. Or, at least, termination of the contract.

Jack

2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Tax Law for New York on
Q: I’m looking to retire and shut down my LLC
Jonathan David Warner
Jonathan David Warner
answered on Oct 14, 2024

I'm not sure what your question is... but I'll try to provide some helpful tips.

First, make sure to notify your accountant or payroll service provider of the closing date so they can prepare the final returns. Failure to do so can result in massive fines and large penalties....
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3 Answers | Asked in Business Law, Contracts and Elder Law for New York on
Q: I’m in contact to sell my home but because of illness we decided to move back.
Carl Nelson
Carl Nelson
answered on Oct 14, 2024

You didn’t ask a question but assuming you are asking if you can back out of the contract, the answer is that it depends.

Assuming you have an attorney to represent you in the transaction, that’s where your question should be directed. If you do not have one, I would assume the buyer...
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1 Answer | Asked in Civil Litigation and Contracts for New York on
Q: Contractor ( subcontactor) fraud and negligence. Breach of contract. Need a consult please asap.

Fraudelent contractor using his status as an NYPD maintance worker as part of his" trusted subcontractor and concerned neighbor" pitch. Him and another subcontractor had gained my confidence by doing emergency repairs twice before I had him sign a basic contract to work. He half ripped... View More

Jack Mevorach
Jack Mevorach
answered on Oct 12, 2024

Most attorneys offer free telephone consultation.

Jack

2 Answers | Asked in Contracts, Civil Rights and Identity Theft for New York on
Q: Why are names written in all capital letters on citations and court cases?

My friend wanted me to ask why names on legal documents are written in all capital letter. He believes that this creates a legal fiction, and a "dead corporate entity". I told him that it is a way of promoting conspicuity in documents; making things easier to see especially if they are... View More

Tim Akpinar
Tim Akpinar
answered on Oct 9, 2024

It is like you say, for conspicuity. Proper names are generally all caps. The designations (plaintiff, defendant, appellant, appellee, etc. are not generally all caps). I'm not familiar with the "dead corporate entity" rationale you mention when it comes to capitalization protocols.... View More

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1 Answer | Asked in Contracts, Employment Discrimination and Employment Law for New York on
Q: Is my employer required to pay moving fees to return equipment I let them?

I've resigned and want my employer to pay to have the equipment sent back to me. They have refuse to pay this. I received no rent or pay for lending this equipment and it was used to help the business. Do I have any recourse?

Neil P. Flynn
Neil P. Flynn
answered on Sep 26, 2024

Thank you for reaching out to us regarding the legal issue your facing.

As I understand it there is no agreement in place regarding the equipment. And you voluntarily provided it for use in the course of your employment and your employer's business. Under these circumstances, it's...
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2 Answers | Asked in Contracts, Criminal Law and Constitutional Law for New York on
Q: Is UCC 3-402b2 proof of their being a separation between you and the "ALL CAPS NAME"

My friend is adamant that the ALL CAPS NAME (he told me to spell it like that when asking) is separate from the living human being which is separate from the natural person. He claims that the all caps name is a corporation acting as a "represented person". I showed him several court... View More

Jack Mevorach
Jack Mevorach
answered on Sep 17, 2024

Corporate status is not determined by uppercase, lowercase or a combination of the two.

Jack

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1 Answer | Asked in Contracts for New York on
Q: Can I break my illegitimate lease?
Tim Akpinar
Tim Akpinar
answered on Sep 10, 2024

You may want to repost this and add "Landlord-Tenant" as a category - that might be why the question remains open for a week. Although you're correct to use the "Contracts" heading, reviewing a lease could require knowledge of landlord-tenant law. Some questions here go... View More

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for New York on
Q: Landlord leased a rental unit that is inhabitable (so says the incorporated village) and is making us sign an agreement

The deposit is over $10,000. We have received the total commission money back. They broke the contract first, but are making us sign an agreement to not sue in order to get our money back. Is this legal? Is there a way to get our money back (and quickly) without signing? Not looking to take legal... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Sep 5, 2024

You should never sign a general release without an attorney giving you the ok to do so.

2 Answers | Asked in Contracts, Criminal Law and Constitutional Law for New York on
Q: Does Buck V Kuykendall establish right to travel as long as you aren’t using the highways for buisiness?

My friend told me that the case Buck V Kuykendall establishes our right to travel and shows that the roads can only be regulated for those who are in commerce or using the roads for the propose of business. I tried to tell him that the case Hendricks V Maryland established in 1915 decided that the... View More

John Michael Frick
John Michael Frick
answered on Aug 22, 2024

Buck held that a state may not require a license or fee to engage in interstate commerce using federal highways for the purpose of limiting competition.

It did not in any way hold that roads can only be regulated for those engaged in commerce.

It discussed that states could regulate...
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2 Answers | Asked in Business Law, Civil Litigation, Contracts and Real Estate Law for New York on
Q: Will owner financing (about 1/3 of price, 1/3 buyer cash, 1/3 mortgage) work for the seller? Risks, issues, steps?

Manhattan apt at low $700k, market dead. Only interested buy has tight financials after cash down. I also wonder about my owner financing terms (years, rate-will to take 5%)...

Steven Warren Smollens
Steven Warren Smollens
answered on Sep 6, 2024

If this is a cooperative apartment, it is unlikely that your cash-strapped potential purchaser and you would receive consent to proceed with a contract to sell. It would help if you had an attorney to navigate the sale of a co-op apartment in NYC.

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1 Answer | Asked in Bankruptcy, Contracts, Banking and Government Contracts for New York on
Q: Does 12 USC 411 mean that debts are obligations of the United States?

One of my friends wanted to know if 12 USC 411 makes it the government's responsibility to pay back debts and loans given the wording "The said notes shall be obligations of the United States". They believe that because of this if they take out a loan they have no obligation to pay... View More

James L. Arrasmith
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answered on Aug 20, 2024

Your friend is misunderstanding the purpose of 12 USC 411. The phrase "The said notes shall be obligations of the United States" refers to the currency itself, meaning that Federal Reserve notes are backed by the U.S. government. This ensures that the currency is legal tender for debts... View More

1 Answer | Asked in Contracts for New York on
Q: Verbal contract - client is backing out and unwilling to pay

I work as a freelance drafter. I have been working on a project that had an original scope of providing services for a new build. Our schedule slipped a week or so from agreed date, but was ready to submit completed work. I found out that the steel fabricator was unable to provide drafting for a... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 11, 2024

Depending on a detailed analysis of the communications and facts in your case, you may have a claim for promissory estoppel against the client. These claims come into play where there may not be a legally enforceable contract but you have detrimentally relied on the client's promises and... View More

4 Answers | Asked in Contracts, Business Formation, Business Law and Entertainment / Sports for New York on
Q: If a dissolution agreement (New York State) has been sent, is there a time limit for the agreement to be signed?

I am attempting to dissolve a partnership for a company created to produce a musical I created. The agreement entitles me to all the rights back to my work. They have had the dissolution agreement since December and haven't responded.

Jack Mevorach
Jack Mevorach
answered on Jul 10, 2024

I would think not, unless the agreement has a stated expiration date within it. Watch for Statute of Limitations.

Jack

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1 Answer | Asked in Contracts and Employment Law for New York on
Q: I work as an employee for a small tutoring company. I am looking to resign and have questions about the contract.

My current contract is for a tutor as an employee. In my current contract, these are the only two provisions related to client payment and referrals:

Tutor agrees to accept no direct payment from clients (current and past) introduced by (company name) . All payments from clients will be... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 8, 2024

At the threshold, interpretation of contracts and their associated non-compete clauses requires a detailed analysis of the document, focusing on its language, its intended purposes, and its compliance with background law and public policy. It is really not possible to advise on the effect of a... View More

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