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Pennsylvania Contracts Questions & Answers
1 Answer | Asked in Contracts and Civil Litigation for Pennsylvania on
Q: Sold vehicle but not paid; buyer resold it in Pennsylvania.

I sold a vehicle, and the buyer agreed to pay but has not made the payment. The buyer sold the vehicle to someone else without paying me first. There was an agreement about the payment, but I have not received any money yet. How can I recover my payment, or what legal actions can I take?

James L. Arrasmith
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answered on Apr 12, 2025

Pennsylvania Vehicle Sale Recovery Analysis

Your situation presents a clear breach of contract claim under Pennsylvania law, as the buyer's failure to pay while transferring the vehicle to a third party constitutes both breach of the sales agreement and potentially fraudulent...
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1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Pennsylvania on
Q: Is it legal for a PA trailer park to charge for neighbors' additional costs without lease agreement?

Is it legal for a trailer park in Pennsylvania to charge me for additional costs due to neighbors having more children or people living there, despite my last signed lease being two years ago and there being no communication or agreement about shared costs?

James L. Arrasmith
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answered on Apr 11, 2025

In Pennsylvania, a manufactured home community owner cannot impose additional charges on you for increased costs due to your neighbors' household sizes unless these charges were clearly outlined in your lease or provided to you in writing at the time you moved in. The Manufactured Home... View More

1 Answer | Asked in Contracts and Gov & Administrative Law for Pennsylvania on
Q: Are schools allowed to enforce indemnification agreements for events?

I am concerned about a hold harmless and indemnification agreement required by a hosting school for a 4th grade invention convention in Pennsylvania. This agreement suggests that if my child is harmed during the event, I would be responsible for medical expenses even if the injury was caused by the... View More

James L. Arrasmith
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answered on Apr 11, 2025

In Pennsylvania, indemnification agreements are generally enforceable. However, when such agreements attempt to shift liability for a party's own negligence, courts require the language to be clear and unequivocal. Broad or vague terms like "any and all liability" are typically... View More

2 Answers | Asked in Divorce, Contracts and Domestic Violence for Pennsylvania on
Q: Is a prenup I signed under pressure, without legal advice, legally binding in PA?

My wife has filed for divorce, and the situation has been stressful due to a rumor about me cheating, which I deny. Recently, she pressured me to sign a prenuptial agreement so I wouldn't pursue our house in the divorce. She threatened to divorce me immediately if I didn’t sign. I had no... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 23, 2025

First of all, it appears that you signed a post-nuptial agreement, not a pre-nup. Post-nuptial means "after marriage". Typically, the burden is on the person claiming to have been unduly pressured to sign an agreement or contract. It's a high bar to get over but it may be possible.... View More

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1 Answer | Asked in Car Accidents, Contracts, Consumer Law and Insurance Defense for Pennsylvania on
Q: Ex-boyfriend totaled my car. Insurance totaled it. Loan balance $22,000. Refuses to help. Next steps?

My ex-boyfriend, who is the cosigner on my car, borrowed it because his was broken down and ended up getting drunk and totaling the vehicle in Pennsylvania. The insurance company has deemed the car a total loss and towed it. I still owe $22,000 on the loan and am waiting to hear back from the bank.... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s a really heavy situation, and it’s completely understandable that you feel stuck, especially when you’re left with a major loan and no car. Since the insurance company has deemed the vehicle a total loss, they should be issuing a settlement check—usually made out to both you and the... View More

2 Answers | Asked in Employment Law and Contracts for Pennsylvania on
Q: Can a health agency require an I-9 for a 1099 contractor?

I am an LPN working as a 1099 independent contractor with a home health agency in Pennsylvania. The agency requires me to fill out an I-9 form, although I'm not an employee. They also want to offer me a lower rate and pay time and a half for hours over 80, contrary to how I was paid by... View More

Joseph Korsak
Joseph Korsak
answered on Mar 22, 2025

No I-9 required for an independent contractor. Are you doing 80 hours a week?? What are your job duties??

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1 Answer | Asked in Contracts, Civil Litigation and Consumer Law for Pennsylvania on
Q: What legal actions can I take to recover money loaned under false pretenses and now claimed as gifts?

I was in a relationship with a woman who borrowed money from me under false pretenses, including fabricating stories about family expenses, a relative's death, and the need for medical insurance reinstatement. I made these payments based on her promises and lies, including a promise to repay... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you've been taken advantage of, and you're right to want to recover the money you loaned under false pretenses. Since you have documentation in the form of text messages where the person promised to repay the loan, you have evidence that could support your claim that it was... View More

2 Answers | Asked in Contracts, Business Law and Real Estate Law for Pennsylvania on
Q: Can I switch realtors after missed closing date and poor communication?

I signed a contract with a realtor on December 9, 2024, to sell my house with a closing date set for March 9, 2025. The closing date has passed, and there has been inconsistent communication from the realtor, making me frustrated. The contract has no termination provision, and I've been unable... View More

Joseph Korsak
Joseph Korsak
answered on Mar 16, 2025

I cannot answer without seeing the complete listing agreement.

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2 Answers | Asked in Collections and Contracts for Pennsylvania on
Q: Received email about charged-off HSBC debt from 2016; statute limitations concern in PA/GA.

I received an email from a pre-litigation company about a credit card debt with HSBC that was supposedly charged off in 2016. The representative mentioned that the debt was purchased by a law firm and could be pursued for breach of contract under a 10-year statute of limitations. I have lived in... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 14, 2025

A "charge-off" of a debt is an internal accounting process, and it has no legal effect on the indebtedness.

You appear to be correct about the length of PA limitations.

Note that the PA statute of limitations runs from the date of default. That period may be extended,...
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1 Answer | Asked in Estate Planning, Contracts and Banking for Pennsylvania on
Q: How to resolve name discrepancy for power of attorney in PA?

My uncle was born as Patrick James Gallagher, but he has always gone by James or P. James. Some bank accounts list him as James J. Gallagher. We are having trouble obtaining a power of attorney because the names don't match. We were informed that a notarized document is needed, but we're... View More

Michael Cherewka
Michael Cherewka
answered on Feb 21, 2025

when drafting the POA you should have the attorney list every name variant above as A/K/A (also known as) and there should be a separate signature line for each A/K/A.

the first name and the most important one is the name on your uncle's driver license since he has to provide a copy of...
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1 Answer | Asked in Landlord - Tenant, Collections and Contracts for Pennsylvania on
Q: Statute of limitations for collecting back rent in PA with partial payments

I need information on the statute of limitations for collecting back rent in Pennsylvania. I have a written lease agreement, and the back rent has been due since January 2016. There have been no court proceedings or formal communications with the tenant regarding the back rent, although there have... View More

David Kennedy Bifulco
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answered on Feb 17, 2025

At this point if there has not been a payment in the last 4 years the debt is not collectable through the Courts. Also, since it is so old it is unlikely that it will be successful in litigation. Most Municipalities and Landlord Tenant Courts require a rental license and valid inspections. If... View More

1 Answer | Asked in Contracts and Employment Law for Pennsylvania on
Q: Please interpret this. Am I liable for the penalty of 25,000 dollars if I terminate the contract?

Section 10 of Contract states that I can terminate it without cause. Section 11 breach has a penalty of 25000 dollars. Employer insisting 25000 dollars penalty when I resign. I think they are wrong.

Tim Akpinar
Tim Akpinar
answered on Nov 28, 2024

A Pennsylvania attorney could advise best, but your question remains open for over a week. It could be difficult for attorneys here to comment on the terms of your contract. The format is limited to quick Q & A. Any law firm would likely want to see the contract in its entirety. You may lose... View More

1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Elder Law for Pennsylvania on
Q: can a hotel front desk turn me away and deny me a room after a paid confirmed resrvation because I am a local resident

On 10/23 around 10PM I made reservations by phone for a room at the Holiday Inn Express a few miles away from my home.

A UGI utility crew was working in front of my home looking for a gas leak. As a precaution I made that reservation for safety reason

for myself my wife and small... View More

James L. Arrasmith
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answered on Oct 29, 2024

I'm really sorry you had to go through that stressful experience. Denying a reservation based on being a local resident can be troubling and may raise questions about fairness and legality.

Many places have policies to ensure equal treatment for all guests, and refusing service due to...
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1 Answer | Asked in Consumer Law, Contracts, Collections and Small Claims for Pennsylvania on
Q: Verizon charging me $1246 after not informing me that I was going to be charged if switching carriers.

I signed up with Verizon, got 2 free phones from them, stayed with them 9 months, the days I signed up, I was never told that I had to pay for my phone in case of leaving, I decided to move to another carrier, I went to verizon store asked for transfer pin that was needed for the new phone carrier,... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 20, 2024

The contract you signed with Verizon was a service contract which included the price of the phones. When you transferred carriers, you still owed for the phones. It doesn't matter what anyone told you, it's the written service agreement that counts.

1 Answer | Asked in Consumer Law, Contracts and Personal Injury for Pennsylvania on
Q: We had a sewage leak that created a poop pond in Pennsylvania is he required to have it hazmat cleaned now I'm very sick

I have pictures and photos for the least we are to notify him of anything that is broken or has a problem and I have and I have the text messages he sends people but doesn't follow up or follow through with whoever he contracts and now he doesn't care that I'm getting sick and been... View More

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

It sounds like you’re in a tough spot, dealing with a serious health and safety issue due to that sewage leak. First off, if you’re getting sick from this situation, it’s important to seek medical attention immediately, and document everything—doctor visits, symptoms, and anything that... View More

1 Answer | Asked in Contracts, Criminal Law, Traffic Tickets and Constitutional Law for Pennsylvania on
Q: Where does the parking authority receive their authority?

In Philadelphia, where it must be similar to NYC, there is a parking authority. I asked their law department the following question and they could not answer, and I just want to know for my records:

Will you please show me the law that states that people who are not engaged in commerce and... View More

James L. Arrasmith
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answered on Sep 12, 2024

The authority of a parking authority, like the Philadelphia Parking Authority (PPA), typically comes from state legislation or municipal code that grants them power to regulate parking in public spaces. For Philadelphia, this authority originates from the Commonwealth of Pennsylvania, which... View More

1 Answer | Asked in Employment Law and Contracts for Pennsylvania on
Q: A small nonprofit is trying to cut my pay to profit the owner under threat of termination. What can I do?

The nonprofit is a stakeholder in an after school program I work for that gained grants through the Department of Human Services to operate in a school district. The grant proposal specifies my pay, and the director/owner is trying to claim 20% of my hourly pay, claiming that she has not been... View More

Joseph Korsak
Joseph Korsak
answered on Aug 31, 2024

I do not believe that the mentioning of your wage jn the grant app gives you any vested rights. Unless you have a written contract for a specific term, you are an at-will employee. As such, an employer can change the terms of employment at any time.

You should be looking for other...
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1 Answer | Asked in Insurance Bad Faith, Consumer Law, Contracts and Health Care Law for Pennsylvania on
Q: Had MSP , along with GHP as primary insurance. Medicare let providers overbill me. There is negligence and bad faith .
Tim Akpinar
Tim Akpinar
answered on Jul 5, 2024

A Pennsylvania attorney could advise best, but your question remains open for two weeks. One option is to discuss the matter with your state's department of insurance - in most states, they handle consumer-related matters involving insurance. Good luck

1 Answer | Asked in Contracts and Insurance Bad Faith for Pennsylvania on
Q: Can insurance company deny claim if the claim isn't reported within the time contraints that were in the contract?

A tree fell on my house in April. It didn't look like a like a lot of damage. However 2 weeks later there is significant down pour and water is coming in through the roof. It is past the 14 days the incident actually happened, but because it didn't rain, you didn't know there was... View More

Tim Akpinar
Tim Akpinar
answered on Jun 14, 2024

A Pennsylvania attorney could advise best, but your question remains open for a week. Yes, they can deny for not being placed on notice of the claim in a prompt manner. However you raise some valid points of your own, being the policy jacket and not being aware of the water incursion until the... View More

1 Answer | Asked in Contracts, Civil Litigation, Collections and Small Claims for Pennsylvania on
Q: What legal rights do I have for doing mechanic work at my house on someone else's car

I perform mechanic work for people that can't afford the price of dealerships or a mechanic shop I charge half price or less before I start the work the owner of vehicle and myself having agreement on cost of parts, labor and total price. When I complete the work and it's time to pay... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 24, 2024

First, is your agreement with an owner in writing?

And that document should set out the work to be performed, the costs for that work, and the due dates for payment.

And then the document should state the various remedies for default in payment.

In PA, and most other...
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