There is nothing inherently illegal or unenforceable for a contract concerning trading stocks. However, there are a lot more questions that would need to be answered in order to know for sure, including what state you are in. There may be a requirement for the person doing the investing to be a...Read more »
1. Call the police/DA's office. 2. The mother-in law's heirs may be able to pursue a financial Elder Abuse claim against the financial advisor and his employer. 3. Depending on the type of financial adviser, there may be state/federal licensing agencies to whom a complaint can be made. Some...Read more »
I would like to set up a Marketing Service Agreement (MSA) to give part of my commission to a charitable organization in my area to buyers and sellers that engage the promotion. I want to advertise on the organizations website and newsletter with the offer. My company says this is an illegal... Read more »
Your commission is yours after you receive it, and not before. It has nothing to do with the company or any "referral" fee. Are you trying to divert or delay income to avoid this years alternative minimum tax?
You don't really need a real estate lawyer. You need a lawyer who knows about...Read more »
Generally speaking, extrinsic fraud exists where one obtains a judgment in court by producing some kind of false or fraudulent evidence which could not have been discovered by the adverse party at the time it was presented, and was only discovered afterward.
You need to look at the terms of the contract you entered with the creditor. Generally speaking, if the due date is a day the business is closed, it is generally accepted practice to give a grace period until the next business day. I have not researched the Civil Code on this issue recently, but...Read more »
I recently financed rims and services through a store. The store told me the rims wont fit my car so they cancelled the order. I asked them to cancel the rims and services completely, being that the rims I wanted would not work on my vehicle. I wanted to get a refund to pay the loan off completely... Read more »
You'd have to have an attorney review the finance agreement for cancellation requirements. If there is no written agreement, then you can probably go straight to Small Claims court for breach of sales agreement. This is not a "return" situation since you are not in possession of goods to return....Read more »
It depends on the contractual language between the parties. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...Read more »
You can check the legislative history of any statute at your local law library or via online records of the CA legislature re: this particular statute. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You...Read more »
After you are released O.R., then you still have to go back to court. If you miss that court date, then a warrant will be issued. If this is not what happened, there are other possibilities, such as a court clerical error, or a notice to appear with a different date but you never received the...Read more »
That might serve as some evidence. Have you already filed the civil case? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media...Read more »
What kind of broker? What are the fees for? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on...Read more »
I bought a home when I was on Active Duty and agent failed to disclose mold. He hid home inspection report from me and sent it as his own disclosure. We have proof he did agent disclosure the same day as home inspection and admit to discussing all issues with home inspector. Broker confirmed the... Read more »
Have a lawyer review the related disclosures, contracts, and communications to determine whether fraud occurred here or whether you were responsible to conduct such due diligence investigations of the house via paid professionals. More details are necessary to provide a professional analysis of...Read more »
You may be able to sue for negligence, if not fraud (since you say the broker "knew"). More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,...Read more »
More information is needed here about this situation. Much depends on the contract you signed and the facts of the case. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice nor does it...Read more »
Other than disciplinary actions against real estate brokers or sales people, or arbitrated settlements for failure to disclose issues which had weight in decision to buy, other than just rescission of purchase contract? Say, still want to own the property, just what are the possible monetary... Read more »
The buyer would have to prove up monetary damages of either the costs to repair or the diminution in value of the property. However, if the buyer had knowledge of the material facts, or should have known, then the buyer won't be entitled to recovery.
First time home buyer, and less than two weeks away from closing. We put down 3.5%, and have excellent credit. We feel that the rates are low enough and want to lock, but the broker and lender want to make more money off us. Does this sound right? We don't want to back out now, as lose the home,... Read more »
Best thing to do is discuss this with your agent's broker and with the loan officer. This may be the only way to purchase the home, but it may also be a way to get more business out of you. Remember, that you don't have to buy the house if you still have a loan contingency on the purchase.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.