I'm negotiating with a private party selling a used vehicle, and we agreed on a price via text message. It's a week later, and now they say they have a higher bid and are asking me to counter offer. Can I seek damages via small claims court for any price I pay over the original agreed-upon price?
answered on Sep 28, 2022
It would depend on, among other things, whether a legally-binding agreement was formed by the text messages. More information is needed, so speak with local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client... Read more »
answered on Sep 27, 2022
More information is needed to address your specific question. As a point of general information, I believe planned non-operative vehicles cannot be driven or parked on public streets [posing issues for those who may want to test drive the vehicle], but I believe they can be sold. To get advice... Read more »
answered on Sep 27, 2022
More information is needed, but you could have a good case against the "production company." Speak with a local attorney regarding your options. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You... Read more »
Mom paid Neptune $2400 to cremate my Dad. I took her to their office, she signed paperwork where SHE was the surviving spouse who had rights to his cremated remains - my younger sister was asked by Mom to go to Neptune and "pick out " an urn for Dad. When she did this, she also had the... Read more »
answered on Sep 21, 2022
It sounds like there was some fraud committed in the changing of the disposition agreement. You have legal rights when someone commits fraud in such a situation. I agree that you should consult an attorney for a consultation as to what your legal rights/remedies are.
I unknowingly breached the contract. The new tenants paid the three months, but due to Covid they managed to stay 2 years after the lease without paying. We then went to court. The judge ruled in their favor. Now, the apartment is asking me to cover the rent owed. I am not able to pay it. The... Read more »
answered on Sep 20, 2022
It sounds like you are going to need to consult with a bankruptcy attorney to see if you qualify to file chapter 7 bankruptcy and wipe out the debt.
He paid me $3,000. Balance $1,500.
Plus he owes me $3,850 for other painting inside the house. I am not license. He harrassess me every day for two months. He wants all his money. What can I do.
answered on Sep 20, 2022
File a small claims court action right away ... if you need any guidance, feel free to reach out to a few attorneys for that free initial consultation ...
My husband an I write out a contract stating that if one of us cheated then the cheater has to give the other spouse all assets, property and 1 million dallors, we both know what it says and agreed to the terms and conditions and both put our signature on it, will this hold up in court?
answered on Sep 18, 2022
I'd need to know more, but likely not. What a strange thing to do- you should marry someone you trust. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice... Read more »
The car was impounded despite having a moving permit insurance and a failed smog certificate, the tow yard insisted that I could not remove aftermarket stereo that I personally installed which is detachable and not mounted to the vehicle and offered to sell back to me. They removed it. The tow... Read more »
answered on Sep 17, 2022
Likely not. Towing laws are fairly strict and you should have the right to get your personal items out of the vehicle, including aftermarket items.
We both live in Glendale, CA. He proposed to me twice, I have two wedding dresses, and he had no intentions of marrying me (as he relayed to our therapist). We lived as a married couple - bought and sold property and had a joint account. He currently has my family (estate) jewelry that I gave... Read more »
answered on Sep 12, 2022
Most courts consider an engagement ring as a conditional gift. The gift lapses and reverts back to its original owner if the condition (i.e., the marriage) does not happen.
I signed a lease for 15 months. The lease termination agreement read if I break lease due to reasons such as out of state job offer I need to pay 1 months rent as penalty. We are breaking the lease in 2 months because we bought a house. We gave the landlord 1 months notice. The landlord asked me to... Read more »
answered on Sep 10, 2022
You should be able to get a recovery for the security deposit that was unlawfully withheld. A simple letter from an attorney sometimes works. If that doesn't work, a small claims lawsuit can give you a chance to get your deposit back. You may contact me if you have any further questions.
answered on Sep 6, 2022
The answer you seek will have to come from studying industry standards for the kind of consulting you will be doing. As an IC you have the right to charge whatever you wish, and in many industries, contractors charge for travel to and from worksites.
Good luck to you.
On the other hand, would you just invoice a customer and give them the receipts to the penny for reimbursement?
To be ethnical (if able to charge the fee) would a 1099 biz- would I just total an amount including the surcharge and ask for reimburse i.e. Portland office visit $1,500 OR would... Read more »
answered on Sep 6, 2022
A couple of initial questions ... [1] how have you addressed this question in your written agreement for services? [2] How have you thought about your customer relationship services in noting exactly what you do and the associated charges? Feel free to reach out to several attorneys to schedule... Read more »
I can think of a few laws that fall under this idea, but none that are intriguing enough to write a paper about. Any ideas of a law that we regularly abide by even though it doesn't directly align with personal values?
"We have respect for the law, as an institution, even though... Read more »
answered on Sep 2, 2022
Not sure this meets your "regularly abide by" criterion, but, I practiced in Oklahoma City for 15 years, and there was a criminal law on the books sanctioning the "Abominable Crime Against Nature" (originally passed, it is surmised, to outlaw anything that gay people might do... Read more »
I was a “roommate” co-signer on an apartment with a couple who weren’t able to qualify in their own. I have not lived at the apartment and was never given a pair of keys to the premises. 4+ years later the couple has not been able to pay rent and the property management is considering... Read more »
answered on Aug 30, 2022
You are likely on the hook; however, if you can show that the current agreement amongst the landlord and the tenants is a new one (and one that you are not involved in), you may be able to claim that there was a contract novation.
I am suing my brother for defaulting on a loan repayment for which I had a contract with him for purposes of payment by him he has a monthly check to which I am entitled to half and he has been spending it instead of using it to repay me so I sued him and he never responded which put him in default... Read more »
answered on Aug 18, 2022
Yes he can do this.
If he files bankruptcy you might lose all the money.
But, people often claim they will file bankruptcy to negotiate a debt, but actually will not file bankruptcy or do not even qualify for bankruptcy.
Contact an experienced debt collection attorney who... Read more »
Contract was signed, then contractor sent change orders to alter OG contract. I signed them due to the misrepresentations of the contractor. Can I assert a cause of action for intentional misrepresentation where the contractor intentionally made misrepresentations to me to get me sign the change... Read more »
answered on Aug 14, 2022
Absolutely. You are exactly right.
Change orders are one of the most likely areas for abuse by contractors because with the project already in progress, the owner has less leverage to deny the change order.
Mortgage contract
answered on Aug 10, 2022
One of the best "structures" to purchasing a home would be an LLC ... with a well drafted LLC Operating Agreement that spells out the details of ownership, possession, management ... and the many "what its" that can occur in life and in such arrangements. I would suggest that... Read more »
There was never an updated contract presented with changes. He states he verbally told parents in a meeting that I didn’t attend.
answered on Aug 6, 2022
Probably not. Most contracts that have a fixed term cannot increase unilaterally (by one party acting alone). There must be a modification to that contract signed by both parties.
That being said, if the contract was for a term of less than one year, or if it contained a provision allowing... Read more »
answered on Aug 6, 2022
It depends on what the estate planning instrument says. If it is a Will or a Trust and it specifically states that the cemetery plots are to be used for a certain purpose, the answer would be no, since you (or the administrator/trustee) would have to abide by the terms of that estate planning... Read more »
There has been no updated contract presented or signed with new changes like the original contract. He claims he talked about it in a meeting that I was never present for.
answered on Aug 2, 2022
Probably not. Most contracts that have a fixed term cannot increase unilaterally (by one party acting alone). There must be a modification to that contract signed by both parties.
That being said, if the contract was for a term of less than one year, or if it contained a provision allowing... Read more »
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