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Consumer Law Questions & Answers
Q: I was wondering if my case is a bait and switch
1 Answer
| Asked
in
Consumer Law, Contracts and Landlord - Tenant
for
Ohio
on
Answered on Sep 19, 2017
Answered on Sep 19, 2017
Joseph Jaap's answer
It certainly sounds like it, but whether you have a claim depends on what the lease that you signed with landlord says. If the written lease doesn't commit landlord to upgrading it, then you might not be able to force landlord. Try to work it out. Do you want to move out? You can pay your rent into escrow with the court, and the court will hold a hearing for the landlord to explain what happened. The court might terminate the lease so you can move.
It certainly sounds like it, but whether you have a claim depends on what the lease that you signed with landlord says. If the written lease doesn't commit landlord to upgrading it, then you might not be able to force landlord. Try to work it out. Do you want to move out? You can pay your rent into escrow with the court, and the court will hold a hearing for the landlord to explain what happened. The court might terminate the lease so you can move.
Q: landscape company while trimming around the AC unit cut the Freon pipe and refuses to fix it. What should we do?
1 Answer
| Asked
in
Civil Litigation, Consumer Law and Small Claims
for
Florida
on
Answered on Sep 18, 2017
Answered on Sep 18, 2017
Andy Wayne Williamson's answer
First what is the cost of the repair?
You can file a small claims actio to recover the cost of the repair.
Good luck.
First what is the cost of the repair?
You can file a small claims actio to recover the cost of the repair.
Good luck.
Q: Hurricane cancelled our wedding on 9-9. Planner wont return our money just laughed and said sorry.. anything i can do?
1 Answer
| Asked
in
Civil Litigation, Consumer Law and Contracts
for
Florida
on
Answered on Sep 18, 2017
Answered on Sep 18, 2017
Andy Wayne Williamson's answer
totally depends upon your agreement with the wedding planner. Clearly it is not the fault of the planner that a hurricane cancelled your wedding. First step would be to have your agreement reviewed by an attorney. However, most likely the contract will exempt the planner from weather problems and events like hurricanes.
Hope this helps.
totally depends upon your agreement with the wedding planner. Clearly it is not the fault of the planner that a hurricane cancelled your wedding. First step would be to have your agreement reviewed by an attorney. However, most likely the contract will exempt the planner from weather problems and events like hurricanes.
Hope this helps.
Q: Cable company sent me a bill for over $700, I do not have service with them, I've been with another cable company.
William John Light's answer
You may have rights under the California Fair Debt Collection Practices Act. http://codes.findlaw.com/ca/civil-code/civ-sect-1788.html. Consult an attorney to discuss.
You may have rights under the California Fair Debt Collection Practices Act. http://codes.findlaw.com/ca/civil-code/civ-sect-1788.html. Consult an attorney to discuss.
Q: The cosigner for my car stole my keys to the car and got rid of my car. I paid over $900 down on it and she paid less.
Bennett James Wills' answer
If she was a co-signer, and thus, co-owner, then she could potentially legally sell the car depending on how the car was titled. It's not likely that you would get the car back if you were to sue her; but you could potentially be entitled to damages. You should consider consulting a local attorney to determine your rights.
If she was a co-signer, and thus, co-owner, then she could potentially legally sell the car depending on how the car was titled. It's not likely that you would get the car back if you were to sue her; but you could potentially be entitled to damages. You should consider consulting a local attorney to determine your rights.
Q: Can a judge order me to pay a creditor when my ss check is only $274 a month?
1 Answer
| Asked
in
Civil Litigation, Consumer Law, Contracts and Collections
for
Tennessee
on
Answered on Sep 18, 2017
Answered on Sep 18, 2017
Bennett James Wills' answer
A creditor could still obtain a judgment against you. You just may not have any assets to garnish.
A creditor could still obtain a judgment against you. You just may not have any assets to garnish.
Q: I purchased a car two months ago AS IS from a dealer in Florida and when I purchased it ,it had a problem starting.
Andy Wayne Williamson's answer
No way to say for sure here online. I suggest that you consult with an attorney in person on the issue, but suggest that since you purchased the car "as is" then you likely have not recourse against the dealer as he did not make any promises regarding the car.
Good Luck.
No way to say for sure here online. I suggest that you consult with an attorney in person on the issue, but suggest that since you purchased the car "as is" then you likely have not recourse against the dealer as he did not make any promises regarding the car.
Good Luck.
Q: loans in moms name she died loan current deed in sisters name estate closed 68,000 bank now know she died help?
2 Answers
| Asked
in
Real Estate Law, Consumer Law and Probate
for
New York
on
Answered on Sep 18, 2017
Answered on Sep 18, 2017
Barry Eran Janay's answer
This is very confusing if everything is current why would there be a need to foreclose? Generally, a home loan can be foreclosed on which would lead to an auction and the proceeds would go to pay the loan / all subordinate lien-holders (if any). The time to collect on the debt is 6 years in NY, that's measured from the time of the breach / default. I'd be happy to give you more specific advice, please feel free to email me directly.
This is very confusing if everything is current why would there be a need to foreclose? Generally, a home loan can be foreclosed on which would lead to an auction and the proceeds would go to pay the loan / all subordinate lien-holders (if any). The time to collect on the debt is 6 years in NY, that's measured from the time of the breach / default. I'd be happy to give you more specific advice, please feel free to email me directly.
Q: Is it ok, if the supervisor delay me about 1-4 hrs on my schedule and make me wait on the back of the restaurant.
1 Answer
| Asked
in
Consumer Law, Contracts, Workers' Compensation and Employment Law
for
California
on
Answered on Sep 18, 2017
Answered on Sep 18, 2017
William John Light's answer
Probably not. Contact the Labor Board. https://www.dir.ca.gov/dlse/howtoreportviolationtobofe.htm
Probably not. Contact the Labor Board. https://www.dir.ca.gov/dlse/howtoreportviolationtobofe.htm
Q: Can my neighbour dig a my waste pipe up that was agreed to be laid under his garden?
1 Answer
| Asked
in
Consumer Law, Criminal Law, Construction Law and Real Estate Law
on
Answered on Sep 18, 2017
Answered on Sep 18, 2017
Kenneth V Zichi's answer
I'm assuming you are in the UK. This forum is for US law questions, and you're unlikely to find someone versed in your country's laws! I'd suggest looking for a forum in the UK or better yet, contact a solicitor in your area to get some real legal advice!
--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel...
I'm assuming you are in the UK. This forum is for US law questions, and you're unlikely to find someone versed in your country's laws! I'd suggest looking for a forum in the UK or better yet, contact a solicitor in your area to get some real legal advice!
--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel...
Q: What can I do if an individual agreed to refund me a payment but now refuses?
1 Answer
| Asked
in
Consumer Law, Real Estate Law, Small Claims and Landlord - Tenant
for
Ohio
on
Answered on Sep 18, 2017
Answered on Sep 18, 2017
Joseph Jaap's answer
You can sue in small claims court, but that might be more trouble than it is worth, and even if you got a judgment, it would take further action to try to collect it.
You can sue in small claims court, but that might be more trouble than it is worth, and even if you got a judgment, it would take further action to try to collect it.
Q: how do i sue if the company that has 3-d solar et all. sold me a $9000.00 solar air conditioner and solar panels to run
Terrence H Thorgaard's answer
So you're saying the system doesn't work during a power outage? I suspect that information was in the contract or other paperwork you received. If not, you would only be entitled to recover the cost of installing a supplemental generator.
So you're saying the system doesn't work during a power outage? I suspect that information was in the contract or other paperwork you received. If not, you would only be entitled to recover the cost of installing a supplemental generator.
Q: I was over at my girlfriend's house during hurricane Irma. My car was parked in the driveway. The next morning we found
2 Answers
| Asked
in
Landlord - Tenant, Car Accidents, Consumer Law and Small Claims
for
Florida
on
Answered on Sep 17, 2017
Answered on Sep 17, 2017
Terrence H Thorgaard's answer
Check the terms of each policy. One or both policies may have language which specifies which pays in this situation. If not, the carriers probably will agree to split the difference.
Check the terms of each policy. One or both policies may have language which specifies which pays in this situation. If not, the carriers probably will agree to split the difference.
Q: Hello, may i know if it lawful for a shipping company to send/ship products to me before we agree on the price?
1 Answer
| Asked
in
Business Law, Consumer Law, Products Liability and International Law
on
Answered on Sep 17, 2017
Answered on Sep 17, 2017
Richard Sternberg's answer
Sounds like a gift to me, but you might want to review the actual facts with a lawyer. And, if the gift is an international check or financial instrument, and they agree that you only have to return some of it as long as you do it right away, do nothing until the bank assures you the funds are collected, not just cleared. That one is a popular scam hitting lawyers for a few years now. The check is a forgery.
Sounds like a gift to me, but you might want to review the actual facts with a lawyer. And, if the gift is an international check or financial instrument, and they agree that you only have to return some of it as long as you do it right away, do nothing until the bank assures you the funds are collected, not just cleared. That one is a popular scam hitting lawyers for a few years now. The check is a forgery.
Q: My houseboat sank in a private marina during Hurricane Irma, What is my obligation as far as removal is concerned.
Terrence H Thorgaard's answer
You have the obligation to remove it. For specifics refer to your agreement with the marina.
You have the obligation to remove it. For specifics refer to your agreement with the marina.
Q: Does the MLA (military lending act) cover me in this situation?
1 Answer
| Asked
in
Consumer Law, Contracts, Arbitration / Mediation Law and Broker Fraud
for
Oklahoma
on
Answered on Sep 16, 2017
Answered on Sep 16, 2017
David Humphreys' answer
There is a federal Military Lending Act, but I am not aware of a state law passed in Oklahoma. The federal law does offer protections but you don't say in what way you think the MLA was violated. Please provide more information and I will evaluate. Thank you.
PS Don't let the time to answer the suit run, the predator will be able to get a judgment by default against you and you will lose your rights forever to defend yourself.
David
There is a federal Military Lending Act, but I am not aware of a state law passed in Oklahoma. The federal law does offer protections but you don't say in what way you think the MLA was violated. Please provide more information and I will evaluate. Thank you.
PS Don't let the time to answer the suit run, the predator will be able to get a judgment by default against you and you will lose your rights forever to defend yourself.
David
Q: I live in a condo run by a prop mgt co & been without AC for a week. They say AC not wkg is not an Emergency per FL law
Terrence H Thorgaard's answer
Florida Statute 83.51 provides as follows:
"Landlord’s obligation to maintain premises.—
(1) The landlord at all times during the tenancy shall:
(a) Comply with the requirements of applicable building, housing, and health codes; or
(b) Where there are no applicable building, housing, or health codes, maintain the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable...
Florida Statute 83.51 provides as follows:
"Landlord’s obligation to maintain premises.—
(1) The landlord at all times during the tenancy shall:
(a) Comply with the requirements of applicable building, housing, and health codes; or
(b) Where there are no applicable building, housing, or health codes, maintain the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable...
Q: I purchase 4 used appliances and have only recieved 2 and told i had to pay more after i paid in full what can i do
1 Answer
| Asked
in
Consumer Law, Sexual Harassment and Small Claims
for
Illinois
on
Answered on Sep 14, 2017
Answered on Sep 14, 2017
Steve McCann's answer
Do you have a contract the for the sale of the appliances? If so, that will primarily govern the transaction. If you do not, organize all information relevant to this situation, including any and all communication with the seller, and consult with an attorney individually for a consultation to discuss the most suitable course of action moving forward.
Do you have a contract the for the sale of the appliances? If so, that will primarily govern the transaction. If you do not, organize all information relevant to this situation, including any and all communication with the seller, and consult with an attorney individually for a consultation to discuss the most suitable course of action moving forward.
Q: The bank will not turn on the water or gas for our inspections contingency. Is this legal?
1 Answer
| Asked
in
Real Estate Law, Energy, Oil and Gas and Consumer Law
for
Ohio
on
Answered on Sep 14, 2017
Answered on Sep 14, 2017
Joseph Jaap's answer
Consult with the seller. If the seller does not make arrangements with the utilities to allow you to make a full inspection, then you can terminate the contract under your contingency prior to its expiration. Use the Find a Lawyer tab to consult a local real estate attorney to assist you with the contract and purchase issues.
Consult with the seller. If the seller does not make arrangements with the utilities to allow you to make a full inspection, then you can terminate the contract under your contingency prior to its expiration. Use the Find a Lawyer tab to consult a local real estate attorney to assist you with the contract and purchase issues.
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