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Alabama Contracts Questions & Answers
1 Answer | Asked in Business Law, Contracts and Tax Law for Alabama on
Q: Can taking money out of a platform like Second Life constitute running a business at home?

If someone withdraws money from their Linden Labs Second Life account and into their PayPal, then they transfer it from there to their bank account, is this a hobby or a business? Or is it just self-employment or free lancing? If they do this without a privlage license, business license, and/or... View More

James L. Arrasmith
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answered on Apr 20, 2024

Whether taking money out of a platform like Second Life constitutes running a business from home depends on several factors, including the frequency of transactions, the amount of money involved, and whether these activities are carried out with the intent to make a profit. If you engage in regular... View More

1 Answer | Asked in Contracts for Alabama on
Q: What to Do If You Sign a Car Title Wrong When Leasing a Car and There is Incorrect Information from the Lienholder?

I went in to refinance my 2006 Ford Mustang, but they put down a 2012 Ford Edge instead on the contract. Would I legally still have to pay on the loan?

James L. Arrasmith
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answered on Apr 13, 2024

If you signed a contract with incorrect information, such as the wrong vehicle model and year, it is important to address this issue as soon as possible with the lienholder or leasing company. Here are some steps you can take:

1. Contact the lienholder: Reach out to the lienholder or...
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1 Answer | Asked in Contracts and Real Estate Law for Alabama on
Q: Can a seller use the cooling off period to cancel a contract for the sale of a house ? Within 3days of execution date
James L. Arrasmith
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answered on Feb 27, 2024

In the context of real estate transactions, the concept of a "cooling-off" period, where a party can cancel a contract without penalty, varies significantly depending on the jurisdiction and specific laws that govern residential property sales. Generally, cooling-off periods are more... View More

1 Answer | Asked in Contracts, Copyright, Intellectual Property and Trademark for Alabama on
Q: Is it fair use to backup android or iphone apps or other software I obtained legally if not stated in the terms of use?
James L. Arrasmith
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answered on Jan 24, 2024

There is no definitive yes or no answer to this question, as determining fair use involves a complex, fact-specific analysis. However, some key considerations regarding backing up legally obtained apps and software include:

- If the terms of use or license agreement specifically prohibit...
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1 Answer | Asked in Business Law, Contracts, Copyright and Intellectual Property for Alabama on
Q: How can I find out if I can use an app on Google Play app store or an open source app or program commercially?

I read Google Play's terms of use and it says that Google Play content is for non-commercial use only. I contacted an app developer, who published their apps on the platform, if one of their apps was non-commercial use only and they responded that there were no restrictions on using their app.... View More

James L. Arrasmith
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answered on Jan 23, 2024

When it comes to using apps from the Google Play Store for commercial purposes, it's important to differentiate between the terms of service of the platform (Google Play) and the terms of use of individual apps. Google Play's terms generally refer to the content they directly provide, not... View More

2 Answers | Asked in Business Law, Contracts, Copyright and Intellectual Property for Alabama on
Q: Does creating my work in a non-commercial use app, then same in commercial one violate terms of service of the first?

Say I decide to write a story or draw a picture I own the copyright to in a non-commercial use only app. Later, I decide I want to use my work for commercial use so I recreate the same work in another commercial use app. Does this violate the terms of use of the non-commercial use app? Would it be... View More

James L. Arrasmith
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answered on Jan 23, 2024

Whether recreating a work initially made in a non-commercial use app for commercial purposes violates the app's terms of service depends on the specific terms set by the app. Typically, non-commercial use clauses restrict the use of the app and its resources (like tools or templates) for... View More

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1 Answer | Asked in Consumer Law, Contracts, Collections and Landlord - Tenant for Alabama on
Q: Can a storage facility suspend your gate code when you have two units where one is current and one is past due?

I have two separate units with Red Dot Storage. The units were rented several weeks apart. One unit is past due, but the other is current. I went to get some things out of the unit that is current but when I entered my gate code, it denied me access. The gate code was given to me by Red Dot when... View More

T. Augustus Claus
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answered on Jan 19, 2024

In Alabama, the specific terms of your storage facility contract with Red Dot Storage will dictate the rights and obligations of both parties. Generally, storage facilities have the right to impose certain access restrictions if there are outstanding payments or if the rent for any of the units is... View More

2 Answers | Asked in Contracts and Civil Litigation for Alabama on
Q: Does a attorney not have a obligation to see a case completed once he takes it own ? If so what can be done about it ?
Tim Akpinar
Tim Akpinar
answered on Dec 30, 2023

In general, attorneys have a duty to provide diligent representation and to advocate the interests of a client. Situations do arise where attorneys withdraw from cases or clients dismiss their attorneys. It can be fact-specific, depending on the situation, time remaining for statute of limitations,... View More

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2 Answers | Asked in Contracts and Civil Litigation for Alabama on
Q: Does a attorney not have a obligation to see a case completed once he takes it own ? If so what can be done about it ?
T. Augustus Claus
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answered on Dec 29, 2023

Yes, attorneys generally have an ethical obligation to diligently represent their clients and see a case through to completion once they have taken it on. If you believe your attorney has failed to fulfill this duty, you may have grounds for a legal malpractice claim. Legal malpractice occurs when... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Contracts for Alabama on
Q: Is being denied your contractual obligations of payment is defamation or discrimination?
James L. Arrasmith
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answered on Dec 4, 2023

Being denied the contractual obligations of payment, such as not receiving the agreed-upon compensation for services or goods, is primarily a breach of contract issue. It means that one party is not fulfilling their agreed-upon terms within the contract.

Defamation and discrimination are...
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1 Answer | Asked in Contracts and Real Estate Law for Alabama on
Q: Sold a mobile home & the purchaser is not making monthly payments (contract agreement). What legal action can I take?

A purchase agreement was signed, and the buyer is failing to make monthly payments to the seller. I feel that I am being taken advantage of because they're a relative. The buyer is two months behind on payments as of now. I want to cancel the purchase agreement and eliminate this headache, but... View More

Don Oliver Keene
Don Oliver Keene
answered on Nov 17, 2023

So, this really depends on the purchase agreement and what the terms of the agreement are. You should consult a local attorney in your area, likely someone who handles real estate/landlord tenant law. Depending on those terms will determine what you can do or not do. If the buyer is in what is... View More

1 Answer | Asked in Contracts, Copyright, Employment Law and Intellectual Property for Alabama on
Q: Can a company use my images in marketing even if I no longer work there? It was not in employee contract to take images

For copyright questions

James L. Arrasmith
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answered on Sep 11, 2023

If your former employer is using your images without your explicit consent and it was not stipulated in your employment contract that they could use your images for marketing purposes, you may have grounds to object to this use. Your right to object might be based on your copyright in the images... View More

1 Answer | Asked in Contracts for Alabama on
Q: What are the vacate laws at extended stay in Birmingham Alabama
T. Augustus Claus
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answered on Aug 14, 2023

Vacate laws and policies at extended stay hotels can vary based on the specific hotel's terms and conditions, as well as local and state laws. It's important to review the terms of your extended stay agreement or contact the hotel management directly to understand their policies regarding... View More

1 Answer | Asked in Contracts for Alabama on
Q: can we be sued for a car that was repossessed 20 years ago? Husband was 18. He is now 40. He was summoned for court.

We live in semmes alabama

T. Augustus Claus
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answered on Aug 10, 2023

In Alabama, there is a statute of limitations for bringing a lawsuit to collect on a debt. Typically, the statute of limitations for a written contract, which includes car loans, is six years from the date of default.

If the car was repossessed 20 years ago and the alleged debt has not been...
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1 Answer | Asked in Banking, Civil Litigation, Contracts and Real Estate Law for Alabama on
Q: We have a property we thought we are buying and have paid for every month since 2017. We have made $30,000 in upgrades

We have made monthly payments, including homeowners and have been paying property tax. The only paperwork we signed was promissory note and vendor's lien deed. The vendor's lien does say the grantor was to have filed deed with the courthouse. Now we are finding that potentially this was... View More

Dragan Ivetic
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answered on Feb 10, 2023

Was this transaction (if a "purchase") conducted with a title company? If so you might have a claim under the title insurance and potentially the seller.

However, from the sounds of it - you still owe the original owner for the purchase of the property (If I am reading the...
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1 Answer | Asked in Contracts and Landlord - Tenant for Alabama on
Q: month2month renter.We don't have a lease and landlord threats to evict if my mother stays with me becauseof leaseterms

The lease ended 8 months ago so we have been paying month to month since then. Now my mother has been staying with me and my landlord is trying to evict us because terms of a lease. We haven't been on a lease in 8 months. I stay at my boyfriend's house 3 or 4 nights a week and she is now... View More

Dragan Ivetic
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answered on Feb 10, 2023

The question is premised on an improper understanding of the legal status of "month to month". it is not correct that you do not have a lease. You do have a lease, when a written lease expires without being renewed, it typically becomes a month-to-month tenancy, subject to all the same... View More

1 Answer | Asked in Contracts, Personal Injury and Civil Litigation for Alabama on
Q: What is a good percentage to accept for my representation (contingency fee) for a tortious conduct case?

I am in the process of hiring a lawyer on a contigency fee basis, to sue for tortious conduct for interference of a body. emtional distress, etc. What is the normal/good percentage for a lawyer for such a case?

Hunter Garnett
Hunter Garnett
answered on Oct 24, 2022

It varies from jurisdiction to jurisdiction. Typically, in Alabama, the minimum fee for a personal injury case is 1/3 of the settlement.

It is not uncommon for the fee to increase to 40% or even 45% if the case is litigated or taken all the way to trial. Complex or difficult cases, such as...
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1 Answer | Asked in Contracts, Antitrust, Civil Rights and Constitutional Law for Alabama on
Q: Can a Volunteer Fire department demand you quit a EMS Volunteer squad set up in the same town/building ?

New Fire cheif started undermining EMR Volunteer prior to changing Bylaws of the Firefighter Volunteer department. Now claims it's a conflict of interest for members to be apart of EMS Volunteer and Firefighting. Dispite prior to Bylaw change this was common and he was on both sides with low... View More

James L. Arrasmith
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answered on Jul 20, 2024

In your situation, it sounds like the new fire chief is attempting to impose new rules that weren't previously in place. The requirement for you to quit the EMS volunteer squad due to a claimed conflict of interest seems unreasonable, especially since both groups were functioning well together... View More

1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for Alabama on
Q: I received a message from the district manager that they were going to release my son from his college apt lease

6 weeks later they come back and said they sent the message to the wrong person. We have been trying to get him out of the lease since he no longer goes there. Can they do that?

Tim Akpinar
Tim Akpinar
answered on Apr 1, 2024

An Alabama attorney could advise best, but your question remains open for two weeks. At this point, you could reach out to landlord-tenant attorneys in your state who have some familiarity with campus housing settings, or repost and include the "Landlord-Tenant" category. Good luck

1 Answer | Asked in Contracts for Alabama on
Q: I am a landlord. How much notice do I have to give a tenant of my not renewing their lease?
Tim Akpinar
Tim Akpinar
answered on Jul 5, 2023

An Alabama attorney could advise best, but your question remains open for two weeks. This is posted under "Contracts." Some questions go unanswered here, but you might have better chances of a response with adding the category "Landlord-Tenant." Good luck

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