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Oregon Contracts Questions & Answers
0 Answers | Asked in Business Law, Civil Litigation and Contracts for Oregon on
Q: Can a judge continue with a small claims hearing even though the parties were required to arbitrate?

My husband is a contractor. The client paid by credit card and a week later disputed the charge after the materials were bought and work began. He assured my husband it was a mistake and would fix it. He begged my husband to continue working. He did. The payment finally came back after my husband... View More

0 Answers | Asked in Consumer Law, Contracts, Personal Injury and Public Benefits for Oregon on
Q: I experienced fraudulent sales practices with xfinity. I have proof of everything. Can anything be done?

I am low income and was on xfinitys internet essentials program for low income households, making my wifi only $9.95. I recently moved. I called xfinity to transfer my service to my new address. The rep lied to me, saying internet essentials was not available at my new address, and said my only... View More

0 Answers | Asked in Contracts and Small Claims for Oregon on
Q: My wedding venue was shut down by the county, so I had to find a new venue. Now they won't refund my deposit.

The venue contract doesn't specify closures or events like this, but there is a limitation of liability section that says "Neither party shall be liable for breach-of-contract damages that the breaching party could not have foreseen on entry into this agreement." I'm afraid... View More

0 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Oregon on
Q: Our lease is ending but my roommate wants to stay and I don’t

My roommate wants to stay in our rental but I want to leave at the end of our lease on September 30th. We paid last months rent upon move in and I’m wondering if I have to pay rent for September since my lease is technically ending and he is staying

0 Answers | Asked in Contracts, Animal / Dog Law and Military Law for Oregon on
Q: Brother in law(Army) is deploying, and wants sister (my wife) and I to custodian the rental house. Can she keep her ESA?

The emotional support animal is a smaller indoor only cat, and we are not on the lease yet. (So we are technically not tenants, but will be transitioning into tenants if possible.) She has paperwork from Georgia supporting her claim, but had not renewed the claim in the state of Oregon until today.... View More

1 Answer | Asked in Contracts for Oregon on
Q: I need a legally binding contract that allows me to get my eggs from the chickens that I give away to someone

I am looking for someone to take care of my 70-80 laying hens in exchange for me getting the eggs. I will give the people all the $ from egg sales (after I am covered for the feed costs)

Jim Boness
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answered on Jun 18, 2024

You can definitely create a contract. Although, if you are giving all the money from the sale of the eggs to the other party who gave you the eggs, I am not quite sure the purpose of the relationship.

In any event, my office handles contract matters and we can customize what you need....
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1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Q: In Oregon state, if breaking a lease (90+ days before move-in), what is the landlord's obligation to find a new tenant?

Rental is an apartment building, whose manager claims there is a waitlist to get in. However, they will not advertise nor communicate lease takeover availability to the waitlist, because they are charging higher rent than what's in the lease. Lease was signed 10 months before move-in date.... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 11, 2024

Much depends upon what the lease says. IF it contains an early termination penalty clause, the landlord is free to assess up to a 1 1/2 mo rent penalty for early termination, according to the written lease provisions. If there is no such pre-payment penalty, the existing tenant can be on the hook... View More

1 Answer | Asked in Contracts and Business Law for Oregon on
Q: Anyone able to offer some unbiased direction for someone having to self represent in Oregon?

I am looking for some direction on how to move forward in a civil suit. I feel as though my side has not been represented because I am not doing something right but the plaintiff has submitted information that the judge is seeing? The short version is that the plaintiff is dragging out this... View More

Jim Boness
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answered on May 1, 2024

Sorry to hear of your plight. The litigation process can be confusing, long, time consuming and expensive, especially if you do not have an attorney. My first advice is try to find an attorney. If the amount you can lose is the same or more than the cost of an attorney you will be better off, this... View More

1 Answer | Asked in Consumer Law, Contracts and Insurance Bad Faith for Oregon on
Q: can i sue a life insurance agent who signed me up for 2 other life insurance policies I wasn't aware of that cost money?

i had signed up for life insurance with mutual of omaha. they weren't notified I had wanted to stop the policy but the agent didn't tell them 41 days into a 45 grace period but it cost me 3 months. then during this time he signed me up for 2 other life insurance policies I wasn't... View More

James L. Arrasmith
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answered on Mar 22, 2024

If a life insurance agent signed you up for policies without your knowledge or authorization, this could be considered fraudulent activity. Unauthorized use of your personal and financial information to obtain commissions is illegal and unethical.

You may have grounds to sue the agent for...
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1 Answer | Asked in Consumer Law, Contracts and Collections for Oregon on
Q: As the defendant can I file for motion to dismiss after I have submitted an answer to the court in Oregon Circuit Court?
Gregory L Abbott
Gregory L Abbott
answered on Feb 21, 2024

Likely yes, assuming you have adequate grounds and didn't waive your right under Rule 21 when answering.

1 Answer | Asked in Constitutional Law and Contracts for Oregon on
Q: If my right to travel is a constitutional right why did my property get towed (stolen) and the police all laughed at me

So now I can go after there bond insurance too? Right

James L. Arrasmith
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answered on Jan 4, 2024

The constitutional right to travel generally refers to the right to move between states freely, and doesn't extend to the use of a specific mode of transportation, like a personal vehicle. If your property (vehicle) was towed, there are usually specific legal or regulatory reasons behind this... View More

1 Answer | Asked in Banking, Civil Litigation and Contracts for Oregon on
Q: Registration extension to reinstate license and replace the damaged items in full succession. How to make it happen. ??

1946 through 2026 already paid for.

James L. Arrasmith
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answered on Dec 30, 2023

To reinstate a license and replace damaged items, the first step is to understand the specific requirements set by the relevant licensing authority or agency. Each type of license has its own set of rules and processes for reinstatement.

If you've already paid for the period from 1946...
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1 Answer | Asked in Contracts, Employment Law and Mergers & Acquisitions for Oregon on
Q: Corporate acquisitions - Is the acquirer bound to uphold hiring contracts established by the acquiree?

Oct 2022, as part of accepting a job with Company A, I signed a job offer that dictated annual salary of $128k and a bonus of 5-10% dependent on performance. May 2023, Company A was acquired by Company B. Oct 2023, annual review went very well, but I was informed by my direct manager that Company B... View More

Robert Alex Fleming
Robert Alex Fleming
answered on Jan 5, 2024

In a corporate acquisition, the acquirer typically conducts due dilligence to review the existing employment contracts of the acquiree. The approach depends on the type of acquisition. In an asset purchase, the acquirer can select which contracts to assume, including their terms. Conversely, in a... View More

1 Answer | Asked in Landlord - Tenant, Consumer Law, Contracts and Education Law for Oregon on
Q: I am seeking your legal counsel regarding a series of events that have significantly impacted my housing security

January to May 2023: Rent payments made timely and without incident.

• June 2023: Discussions with the OCB ensured continued support.

• July 2023: Rent payment was missed due to the school’s oversight.

• August to October 2023: Rent payments resumed as per usual.... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 26, 2023

More information is needed. Was July rent ever paid? Was November rent ever paid? If all past due rent was paid within the 10 days specified in the notice, it likely is a defense to any eviction. You say the eviction process continues but they should not have even filed in court to evict until... View More

1 Answer | Asked in Contracts, Personal Injury, Landlord - Tenant and Small Claims for Oregon on
Q: My landlord in Oregon used “landlord retaliation” to make me leave. Can I sue or counter sue them and in what court?

After I pointed out that they hadn’t replaced a broken bathroom fan after a year of asking and they underpaid me for an unrelated job, my landlord sent me a rent increase letter (a month after signing a lease renewal at the same rate) and daily notices with eviction warnings. I had never received... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 6, 2023

If you already were in court - that was your time to press a retaliation claim. Depending upon the details, you may still be able to file a new lawsuit for damages but do so knowing that retaliation claims are difficult to win and if you lose, you may owe his court costs and attorney's fees.... View More

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Collections for Oregon on
Q: Rent a center threats

Rent a center is harassing me threating me with jail and being arrested I paid on time every time I recently went on fmla 4weeks ago and can't pay at the time they won't accept what I can pay I just wanna know my legal rights I live in oregon the rent a center is in washington state can... View More

Jim Boness
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answered on Oct 19, 2023

As far as your question, if you rented from a Rent-A-Center in Washington, the contract probably will be governed under Washington law. Check your contract to see if that is the case. If so, you will need to speak with a Washington licensed attorney.

As far as any rights to keep the...
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1 Answer | Asked in Contracts, Personal Injury and Health Care Law for Oregon on
Q: Can an agency in Oregon providing a caregiver to an elderly and/or disabled person legally (as in it's in their contract

Release and assumption of risk: the company is expressly released of any alleged negligent or wrongful act by an caregiver.

How is this legal? How can an agency providing caregivers be absolved of any and all liability should something horrible happen while they are in my home? What if... View More

Jason T. Kandah
Jason T. Kandah pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2023

This answer in no way establishes an attorney-client relationship but is intended as general information. Only a signed and fully executed retainer agreement may effectuate such attorney-client relationship.

A.

Different states vary regarding the issue of signing waivers. Oregon...
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1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Personal Injury for Oregon on
Q: I signed a contract under duress in a suicidal psychotic state that can be verified by my doctor. Can it be dismissed?

I signed a document under duress during a bipolar episode which my doctor can verify.

An animal shelter OBTAINED PROPERTY of pecuniary significance (a doctor prescribed emotional support animal) BY FALSE PRETENSE from an incapacitated person (in a mixed suicidal depressive psychotic state).... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 29, 2023

You are not likely to be able to disavow the contract and even if you did, it sounds like it cannot be reversed at this point. The most you are likely to possibly have is a claim for the market value of your now deceased cat - i.e. replacement cost. Unfortunately, in the legal world, pets are not... View More

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