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Alabama Contracts Questions & Answers
1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Alabama on
Q: I am purchasing a house and need to buy out of my lease. My buyout clause is very confusing.

In the last paragraph under a heading of Special Provisions it states: " your right to buy out (check one) is () is not (x) limited to a particular fact situation. If limited, buyout may be exercised if only the following facts (see below) occur and any described documents are provided to us.... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 1, 2019

Instead of asking lawyers to advise you on important terms of a contract they have never seen, you should start by asking the landlord what happens when you want to leave early.

1 Answer | Asked in Contracts, Divorce and Probate for Alabama on
Q: Is there an attorney that can help financially? The house is supposed to be paid for and is in a nice neighborhood.
Kristine Jones
Kristine Jones
answered on Mar 18, 2019

Hello, please clarify your question.

1 Answer | Asked in Constitutional Law, Family Law and Contracts for Alabama on
Q: Good morning. I was divorced in 2013 our house in was supposed to be sold and monies split. Can I take him to court?

It was to be sold within a reasonable time period. He refuses to respond to any requests. It's in our divorce decree, I am having financial problems. I never got a walk through, he still has some of my property. I only want what is written.

Shane Michael Oncale
Shane Michael Oncale
answered on Mar 18, 2019

Yes. If your ex spouse has failed to follow a provision in your Divorce Decree you can file a petition seeking to have him held in contempt. If successful a finding of contempt will force him to do what he has not done and may entitle you to attorney fees as well. You should get with an attorney... View More

1 Answer | Asked in Contracts and Child Support for Alabama on
Q: What are the Alabama laws on support of a disabled child over age 19
Shane Michael Oncale
Shane Michael Oncale
answered on Jan 21, 2019

Alabama case law provides that child support can be continued if the child is found to have a permanent or ongoing disability. Child support is generally calculated the same as it is for minor children but many parents choose to utilize a Special Needs Trust to insure that the money does not count... View More

1 Answer | Asked in Contracts for Alabama on
Q: I hired a dock building company to do some work.

They were paid in advance three months ago, they keep putting off the work and have offered the money back. I dont want the money I need the work done what are my options

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Nov 14, 2018

Do you have a contract with them? What does the contract say? Who wrote the document that sets out the contract? Those are important questions for starters. The big picture view is this: if they don't want to perform, why would you want to make them? There may be a good answer here. You would... View More

1 Answer | Asked in Contracts and Real Estate Law for Alabama on
Q: Legal Options for Co-ownership of mortgaged property.

Myself, brother, and his best friend decided to buy a house together. My brothers best friend obtained a VA loan and he bought a house. We agreed to share all costs in purchasing house and share ownership. However we have closed on the house and paid the first month mortgage and he is now claiming... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Nov 5, 2018

If I understand that person who actually bought the house is the person who was eligible for a VA loan and then that person used the proceeds of that loan to buy the house. THe other two attempted to enter into some side deal that would give you ownership of the house. I assume that no one took the... View More

1 Answer | Asked in Contracts for Alabama on
Q: I am working for a EMS company currently. The company I’m working for now purchased my tuition contract from my previous

I am working for a EMS company currently. The company I’m working for now purchased my tuition contract from my previous employer so I could work for my current employer. My tuition contract is $12,825. I have to stay at the company for 3 years to fulfill my contract. If I resign they will sue me... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Oct 8, 2018

You need to take the contract to an attorney and have him review it. Finding "loopholes" is not as easy as your changing your mind about your career path. Get some legal help here.

1 Answer | Asked in Contracts, Civil Litigation and Landlord - Tenant for Alabama on
Q: I was not notified in writing by LL and now he is stating that if I stay beyond 9/30/18 rent will be 3 times the monthly

I'm on a month to month and do plan to be out no later than Oct 13th but dont want to be battling him in court and want my security deposit back. However he sent in a text message that 9/30/18 would be my last month.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Sep 20, 2018

The landlord may not terminate your tenancy via text message.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Alabama on
Q: I am on q month to month lease and my LL sent me a text on 8/23/18 stating that Sept would be my last month.

That's all the text said. So I asked is October 1 day I have to be moved. He responded yes. I did ask for something in writing never received. Then I received another text stating that if I stayed past 9/30/18 rent would be 3 times monthly amount $2670.00. Is this legal? I would understand a... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Sep 19, 2018

I assume this is an Alabama question. No. he must terminate your tenancy in writing and serve that on you.

1 Answer | Asked in Contracts and Real Estate Law for Alabama on
Q: Is it required in the State of Alabama that everyone over the age of 19 MUST sign a rental agreement?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Sep 18, 2018

There is no such legal requirement.

1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Alabama on
Q: Wht do I do? Alabama, student moving into an apartment in (3) days. Leased apt not like the model shown. It's a dump!

Water damage, stained ceiling, mold, dirty air vents, exposed wires, broken tiles, torn wall paper, chipped tile, missing cover plates, an unsecured door lock. reeks of smoke/weed, no shower head, dirty kitchen cabinets...

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Aug 15, 2018

Go back to the landlord and tell him that you will not move in until the defects are fixed. You might need to hire an attorney in the county where the apartment is located.

1 Answer | Asked in Contracts and Real Estate Law for Alabama on
Q: Inspection contigency of home buying contract

I'm under contract for a house and after inspection we recieved an estimate for some minor structural issues, and the seller is refusing to give credit for those and giving us 2 options:

1-let him fix the issues

2-reject option 1 and hes holding the earnest money.

Are... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Aug 2, 2018

Because I don't know what your contract for sale says, there is no way I can answer your question. The contract should set out that if the inspection reveals issues that should be repaired that you can get out of the deal and get your earnest money. But.... I don't know what the contract... View More

1 Answer | Asked in Contracts and Consumer Law for Alabama on
Q: Can I cancel or rescind a timeshare sampler purchased 3 days ago?

Purchased a sampler 3 days ago and on contract it does say no right to rescind, however this morning as I was looking through the offering in detail we realized that we would only be given access to a few properties in a few locations, not access to the vast inventory as we were told in... View More

Michael Hales
Michael Hales
answered on Jul 10, 2018

My recollection is that sample packages do not have the typical recession rights as a true timeshare purchase. That being said, you may still have some options if you'd like to get an attorney involved and depending on how the purchase was structured.

1 Answer | Asked in Contracts for Alabama on
Q: Is failure to honor a notarized separation agreement a breach of contract in Alabama?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 29, 2018

Contracts for separation in ALabama, either a divorce or a separation "mensa et thoro" are within the subject matter jurisdiction of the Circuit Court in a divorce action of a legal separation. If your "contract" which I assume is something you drafted yourself, is enforceable... View More

1 Answer | Asked in Civil Litigation, Contracts and Estate Planning for Alabama on
Q: Agreement in front of witnesses to buy $350 item. "Check in the mail". Now refuses to pay but keeping the item.

My mother left me her personal belongings including the contents of her house and had the foresight to include a photographic inventory in her own hand. The house went to her husband in a right of survivorship but he died shortly thereafter and his heir is making things difficult. The heir made an... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 22, 2018

The husband owned the stuff after she died. He died and now it belongs to his heirs. What county are you in?

1 Answer | Asked in Contracts for Alabama on
Q: I signed a lease on June 8th 2018. Payed deposit of $500 first month's rent $575 Tragedy struck in family and I have to

Leave town. I informed the landlord of this on June 11th and asked for my money back I need it to move.. I never even stepped foot in house other than to sign the lease. Is it legal for him to keep my money? Please help!!

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 12, 2018

If this is an Alabama question , please confirm that.

1 Answer | Asked in Contracts for Alabama on
Q: Our apartment complex sent a letter tha our lease ended June 5th. They made a mistake and didn’t tell us it was June 29

We signed a 60 day notice stating we would be out by June 5th. The apt manager also signed this agreement. On June 5th we went to turn our keys in and the manager said he made a mistake and the contract ended June 29th. He said we have to pay the entire mi th rent or he will turn it into... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 6, 2018

If you are in South Carolina I can't help you. I am an Alabama lawyer.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Alabama on
Q: Could the 2017 Code of AlabamaTitle 7 - COMMERCIAL CODE. Section 7-2A-103 and 108 be applied to a retail space lease?

Having issues with a retail space contract, no notice of raising rent and CAM fees (less than 30 days), and imposing previous months fees on the smaller businesses in a shopping center. There is a cap on the rent and CAM fees in our leasing contract.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 24, 2018

Are you subject to a written lease? If so, read the lease. The duties as to fees and such things are spelled out there. If the landlord has violated the terms of the lease, you may be able to break it and move out. Take the document to an attorney and get him or her to read it carefully and explain... View More

1 Answer | Asked in Contracts and Real Estate Law for Alabama on
Q: What documents are required for real estate owner financing in Alabama?

Owner resides in Arizona, property is in Alabama.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 22, 2018

I assume what you want to do is sell a parcel of real property to a person and finance it for the buyer. The simplest way to do this is with a Vendor's Lien Deed and a Promissory Note.

1 Answer | Asked in Contracts, Civil Litigation and Collections for Alabama on
Q: What are the legal options in order to force a freelance client to pay me the money that they agree they owe?

I have a freelance client that agrees that she owes me $220. I wrote a set of articles for my client. They were supposed to be paid for within 30 days of submission date (Jan). After I wrote the articles she stopped answering my emails. I kept emailing her in December to get the best email address... View More

Kevin M Ryan
Kevin M Ryan
answered on May 6, 2018

The fact summary sets out a “quantum meruit” claim, or “unjust enrichment.”

A written agreement and evidence of breach has a higher chance of success, but her email admission of the claim can be presented in small claims court, where you should file this case. Request all of your...
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