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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 in Alabama, my roommate tells me he leaving tomorrow

My roommate walks in and tells me he found another place and is leaving next day and I have 48 hours to pay the utility deposits the lease is not up until March and told me when I moved in that he would be here until then. Do I have any recourse to recover half of the utility deposits? We both have... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jan 3, 2018

Are you on the lease? If not, it is his problem, not yours. Did you sign any lease? Answer some questions so someone can give you an answer to your question.

1 Answer | Asked in Contracts and Real Estate Law for Alabama on
Q: Buyers want to back out of the contract the sale of our house. Do we have to sign a mutual release?

The home inspector stated the outside wall posed a safety hazard. Structural engineer and foundation expert did not make this statement. There are no cracks in the sheet rock inside, but some missin mortar was discovered upon inspection Structural engineer stated in his opinion that the cracks do... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Dec 10, 2017

The answer to your question lies in the contract for sale itself. Review the contract carefully. It will tell you what rights and remedies you have in calling off the sale because of a negative report by the inspector.

1 Answer | Asked in Contracts, Copyright, Entertainment / Sports and Trademark for Alabama on
Q: Do I (the producer) own the rights to an artist’s image/likeness/master recordings?

I produced (recorded, mixed, mastered, published, etc) two albums and numerous music videos for an artist. We were a team and were good friends. The artist willingly allowed me to record him, video him, photograph him, etc. and post it all on my website and social media pages many times. No... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Dec 4, 2017

Unless the artist agreed to convey to you the property you don't own it. You might try to enforce some contract by course of dealing, or attempt to show that he gave the work away, but you are going to learn a lesson in doing things without an agreement in place.

1 Answer | Asked in Contracts, Personal Injury, Animal / Dog Law and Small Claims for Alabama on
Q: Do we have claim to our cat, even though her adoption papers are in the name of our roommate?

My friend and I, along with our roommate, adopted a cat. The adoption papers are in the roommate's name, but we equally split the cost of the adoption fee, vet bills, and our apartment pet fee. Our roommate is now moving out and says she is going to take the cat. Can she legally do this? Or... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Nov 15, 2017

The cat is property. Cats are not actually "adopted" under Alabama law. The documents which transferred ownership of the cat probably show that she owns the cat. UNless you can show that you own the cat, you are probably out of luck.

1 Answer | Asked in Contracts for Alabama on
Q: No sir the 5000 wss not part of our agreed upon price. Dealership over looked a dealer add on.

No when me and my wife left the dealership that evening all prices had been settled and all paperwork signed dated and complete there was no additional money owed on anything. The dealership had to go pick the truck up at a neighboring nissan dealership the next morning bring it back to there... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Nov 12, 2017

You should retain the services of a lawyer to review the contract and attempt to enforce the contract. You need a lawyer here.

1 Answer | Asked in Contracts and Consumer Law for Alabama on
Q: Bought a new truck price was agreed on and both parties signed agreement loan signed title signed dealer refused to deli

I was supposed to pick truck up the next day and they refused to let me pick it up because they needed 5000 for the truck I'm just wondering if they can legally do that being all paperwork was signed and finalized loan was submitted to bank and title paperwork to go get tag was given to me... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Nov 12, 2017

Was part of the agreement that you would pay them $5,000.00? If so, you have to live up to that part of the agreement too. If you do what you are bound to do, they have to do what they promise to do.

1 Answer | Asked in Contracts and Landlord - Tenant for Alabama on
Q: Lease laws

Can i fight eviction notice does she need to have it delivered by a law enforcement agencies

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Nov 7, 2017

There is no requirement that notice of eviction has to be delivered by a deputy.

1 Answer | Asked in Contracts, Divorce and Child Custody for Alabama on
Q: Is it illegal for a lawyer, to publicly state to the opposing party, any information or advice regarding the case.

Telling the opposing party about a business action made and informing the opposing party the goals for the case.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Oct 30, 2017

If the information was a privileged communication between lawyer and client, then it is an ethical violation for the lawyer to disclose any such privileged information. I can't tell from your question is that would apply here. Is it illegal to disclose ANY information? Probably not.

1 Answer | Asked in Contracts and Real Estate Law for Alabama on
Q: My mother passed away. My dad recently remarried. However, he planned to leave his home to his children.

He has 3 properties. Leaving 2 to his children and 1 to the new wife. Can he leave her off the primary home if her name isnt on the deed

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Sep 27, 2017

Your father can leave his property to whomever he likes. He can disinherit you children completely if he wants to. His wife is entitled to one third of his estate (all that he owns) if that one third is larger than her separate property. If her name is "on the deed" that would mean that... View More

1 Answer | Asked in Contracts and Real Estate Law for Alabama on
Q: What kind of document do I need?

A friend of mine agree to take out a mortgage loan for a house for me and I agreed to pay for it, which I am. I feel that I need something to make sure that in the event that he dies that his children don't take the house that I been paying for all this time. Wills can be changed so I... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Sep 14, 2017

This is pretty deep water here. First, you should know that making a deal to sell a house that is mortgaged to a bank will likely invoke a clause in the original mortgage that accelerates the mortgage -- that is -- makes it all due at once. Otherwise, if you get permission from the bank, you should... View More

1 Answer | Asked in Contracts and Real Estate Law for Alabama on
Q: Should I sign the release of the earnest money that holds me at fault for the termination of the sale?

I signed a contract to sell my house in Alabama with the realtor holding the earnest money. The contract was made for two weeks later than the verbally agreed on 45 days. They came back a week before the close date and told me that the loan paperwork had been overlooked for three weeks by the... View More

Samuel G McKerall
Samuel G McKerall
answered on Jul 25, 2017

You haven't provided enough facts to permit anyone to give you a definite answer. This problem will be controlled by the fine print in the contract. All that said, I will say tentatively that you may - repeat MAY - have grounds to refuse to release the earnest money, and instead have it... View More

1 Answer | Asked in Consumer Law, Contracts, Appeals / Appellate Law and Civil Litigation for Alabama on
Q: What to do when you've signed an arbitration agreement & days later find that the auto dealer has committed fraud?

The dealer represented that a car had only been listed as used because the owner of the dealership used it for a short period of time & knowing that the owner had intentions of selling the car, I assumed that it was well taken care of. I was originally interested in a new car but a taken care... View More

Samuel G McKerall
Samuel G McKerall
answered on May 5, 2017

You're out of luck. You can't buy a car from a dealer anywhere without having to sign an arbitration agreement. You signed it. You're stuck with it.

Your damages are minimal, if any. You thought you were buying a car with 4,000 miles on it and you got a car with 4,000...
View More

1 Answer | Asked in Contracts and Employment Law for Alabama on
Q: Can I change my mind on employment after signing a contract for employment? Start date of Aug 2017.
Glenn B. Manishin
Glenn B. Manishin
answered on Mar 31, 2017

Contracts for employment typically will not be enforced by a court order compelling the employee to work for the contracting company, but breaking the contract would give the company the right to ask a court to (1) recover actual damages, if any, to the business caused by your breach, and (2)... View More

1 Answer | Asked in Bankruptcy, Contracts and Real Estate Law for Alabama on
Q: My neighbor house burnt down 3 years ago, they will not tear the home down major health problem.

3 years ago the home burnt down. They still pay the property tax, also It appears she also filed chapter 13 bankruptcy. I called the ordinance department 6 months after to which they could never get ahold of the owner but did put a fines on property all they said could be done. It's been 3... View More

Kevin M Ryan
Kevin M Ryan
answered on Mar 18, 2017

You can sue the owner and claim that the property is a nuisance, so long as the property's current condition is creating actual harm to your adjoining parcel of land or the structures on it. You can also make a claim for any physical injuries and medical costs you have actually suffered as a... View More

1 Answer | Asked in Contracts, Collections and Consumer Law for Alabama on
Q: I supposedly took out a $900.00 payday loan from Plain Green around March 2012. Has the statue of limitation not expired

They told me I now owe them $4,132, but would settle for $1,505.00. If it turns out I owe them, is it in my best interest to do the settlement or take my chances in court?

Peter N. Munsing
Peter N. Munsing
answered on Sep 20, 2016

Did you or did you not?Ask for the paperwork. You'd remember if you went to the office of those people. There are now regulations on that so check with the consumer division of the banking department. Your chances in court depend on what the paperwork shows, or doesn't, what rate of... View More

1 Answer | Asked in Criminal Law, Contracts, Products Liability and Civil Litigation for Alabama on
Q: What kind of criminal charges may occur with a title pawn in Alabama?

Title pawn owner was very rude. I know I was in default so I took all his attitude with a smile. The car broke down in private property, pawn company did not pick it up fast enough so I sold it as scrap metal to get it off the property. I have every intention of paying the $450 back. I told the... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 11, 2016

It's convoluted and the cops might say for him just to sue you, but I would consult with a criminal lawyer so you know what to say and what not to say if he comes knocking.Next question is what does the pawn ticket or agreement say your liability is, and did you sign the title over to him. If... View More

1 Answer | Asked in Contracts for Alabama on
Q: What kind of a lawyer do I need for a breach of contract from a contractor?

He started on home in September of last year, said he would be done by Thanksgiving. It is now April of 2016 and he has not been to the home in over two weeks. He says he is going to get to it, but the work should not have lasted this long. I have displaced for over seven months and my daughter... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 5, 2016

Often times your state contractor's board has dispute resolution processes, so you might try that first. Otherwise, any contract attorney would work, but best to find one who handles contractors, as there are usually special processes that have to be followed.

1 Answer | Asked in Real Estate Law and Contracts for Alabama on
Q: My mom bought land and it has a lot of junk on it and she had it wrote up that he had a date to get it off and now he is

Passed his date and now he says he can't get everything off and wants her to pay $400.00 for the junk what can she do about it? she already owns the land in Alabama is the stuff hers?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Feb 18, 2016

It is difficult to tell. You say she bought the property. What does her deed say. TYpically a deed will be very inclusive about what remains on the property. Take this to a lawyer and let him or her look at the deed and advise her. If she and the owner of the stuff had an agreement about when he... View More

1 Answer | Asked in Contracts for Alabama on
Q: My husband and I are joint owners of our property. He signed a very simple contract saying what price he would accept.

I did not sign the contract.. Is is binding?? Buyer said he only needed something for loan purposes. He did not give us a copy.

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 26, 2015

You want advice about a contract without providing the contract for an attorney to read? Not only that, but you did not sign it? You also did not ask a question here. Whenever you need legal advice it is always best to go see a local attorney who handles the type of matter you need advice for.

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