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South Dakota Contracts Questions & Answers
0 Answers | Asked in Landlord - Tenant and Contracts for South Dakota on
Q: Can periodic tenancy arise after lease termination & rent changes?

I continued to pay rent for 2 & 1/2 years after the termination of my written lease on November 5, 2021. My landlord kept the rent at $1,200 from November 2023 until October 2024, then increased it to $1,300 in November 2024. In April 2024, when an addendum was requested, the landlord changed... View More

1 Answer | Asked in Business Law, Contracts and Collections for South Dakota on
Q: How to recover $80K owed for limousine services from NY company?

I own a limousine company in South Dakota and was subcontracted by a company from New York to transport flight crews between the airport and a hotel. We arranged payment terms through email, but they are now significantly behind, owing about $80,000 with some payments overdue since August 11th.... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 26, 2025

You are wasting your time and effort. Hire a New York based collection attorney to handle the matter.

0 Answers | Asked in Consumer Law, Contracts and Civil Litigation for South Dakota on
Q: Orthodontist didn't submit claim; out-of-pocket cost refund possible?

I received braces through an orthodontist who claimed to have submitted a claim to Delta Dental. However, Delta Dental confirmed they never received such a claim, stating that I could have used the $2500 coverage. The orthodontist hasn't responded to my recent inquiries. Am I entitled to a... View More

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for South Dakota on
Q: Am I responsible for a lien placed on a home I no longer own? The lien was placed on it three weeks after I closing.

I sold my home. Three weeks later I received a letter from the title company saying that a lien has been placed on my former home from a credit card debt. They also stated I was responsible for taking care of it. I was unaware of the impending lien. From a moral standpoint I know I should pay it... View More

Anthony M. Avery
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answered on Nov 12, 2024

The debt had to become a judgment before it could be used as a lien. Remember getting sued? You may be able to set aside the judgment, but you would still be possibly owing the debt. Apparently noone recorded the deed you signed until after the lien attached. If you signed a warranty deed,... View More

1 Answer | Asked in Contracts, Car Accidents and Insurance Bad Faith for South Dakota on
Q: in exclusions, "due and confined to" "wear and tear" and "freezing", means wear items are not covered. Are nw items cov?

We had a rare weather event where it got extremely cold for 3 days and the car sat outside (not confined) and im not sure what happened but now the car is leaking all the oil and antifreeze out of it. The car was not in use when this happened and has not had and mechanical failure, nor any wear... View More

Tim Akpinar
Tim Akpinar
answered on Mar 9, 2024

A South Dakota attorney could advise best, but your question remains open for a month. It looks like the policy excludes damages from freezing, which sounds like the source of damages here. You could review the policy and get the opinion of a mechanic. Good luck

1 Answer | Asked in Contracts, Personal Injury, Real Estate Law and Civil Rights for South Dakota on
Q: We live in a 3 bed 3 bath apartment in vermillion SD. Another roommate and I have ESAS(2catts). No pets allowed complex

Landlords can't charge for ESA. In the contract it states if there's damages at the end of the year we pay for pee test(black light), carpet cleaning, and ventilation system cleaning. It's a really expensive bill. Our landlords are a wife and husband. They're shady and... View More

Tim Akpinar
Tim Akpinar
answered on Sep 9, 2021

A South Dakota attorney should advise, but your question remains open for four weeks. You could try reposting and adding Landlord-Tenant as a category. There's no guarantee that all questions are ultimately picked up, but you might have better chances of a reply in that category. You could... View More

1 Answer | Asked in Bankruptcy and Contracts for South Dakota on
Q: What kind of lawyer would I need because the person that leases farm land hasn't paid rent and has filed chapter 11
Timothy Denison
Timothy Denison
answered on Jul 10, 2018

Bankruptcy attorney who does creditors rights and Chapter 11.

1 Answer | Asked in Contracts for South Dakota on
Q: Is there any legal recourse against a vacation management company that backs out of a deal after s deposit was paid?

IThe dates were available according to the online registration. We reserved the room for three nights and paid the deposit. The next morning we received an email from the management company saying that there was an overbooking issue. The dates were available according to the online registration.... View More

Adam Studnicki
Adam Studnicki
answered on Jul 14, 2015

It is unclear what, if any, damages you suffered since you got your money back within 24 hours.

1 Answer | Asked in Contracts for South Dakota on
Q: What U.S. law/case can I look into about the validity of verbal agreements?
Adam Studnicki
Adam Studnicki
answered on Jul 14, 2015

As a start, you can look up the "statute of frauds" for your particular state. Talk to a local business or contracts lawyer about your specific situation.

1 Answer | Asked in Contracts for South Dakota on
Q: What are 2 kinds of remedies for breaking of a contract
Paul Overhauser
Paul Overhauser
answered on Nov 30, 2010

Damages, and under some circumstances, specific performance. Recision may also be a "remedy," though it is more like make the contract null and void.

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