Contracts Questions & Answers

Q: Do you need a witness to make a written contract binding?

1 Answer | Asked in Contracts for New Jersey on
Answered on Jun 22, 2018
Leonard R. Boyer's answer
No, a witness is not generally needed. Both parties to the contract must sign. A contract should only be drafted by a licensed attorney, if you want to save yourself all sorts of problems and headaches.
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Q: Agreement in front of witnesses to buy $350 item. "Check in the mail". Now refuses to pay but keeping the item.

1 Answer | Asked in Civil Litigation, Contracts and Estate Planning for Alabama on
Answered on Jun 22, 2018
Mr. James Parrish Coleman's answer
The husband owned the stuff after she died. He died and now it belongs to his heirs. What county are you in?
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Q: I have a land contracted house that my mom purchased 8 yrs ago. If we sell will she have to pay capital gains tax?

1 Answer | Asked in Contracts and Tax Law for Ohio on
Answered on Jun 22, 2018
Joseph Jaap's answer
Whether there is a capital gain, and whether she pays tax on it, depends on all the facts and her financial circumstances. She should consult a tax professional who can review the facts and advise her.
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Q: I borrowed some money from 3D financial. I kept paying on it but they never would mark it paid. Now they have sued me

1 Answer | Asked in Contracts for Tennessee on
Answered on Jun 21, 2018
Mr. James Charles Wright's answer
They can sue you. But you can defend your position and you need to protect your rights. A lender has to follow certain procedures to protect the rights of the debtor. If they communicate with you - you have the right and should deny owing them and request copies of any records supporting the basis of their claim. You can also request copies any records they show reflecting charges and credits. You should put your request in writing.

Also, hopefully you made payments by check or...
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Q: Lein question details attached

1 Answer | Asked in Contracts for Kentucky on
Answered on Jun 21, 2018
Timothy Denison's answer
You need a copy of the check or other instrument the contractor used to pay the sub.
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Q: I signed a new lease in May 2018. I now have a new job out of state. Can I break the lease?

1 Answer | Asked in Contracts and Real Estate Law for Indiana on
Answered on Jun 21, 2018
Alexander Florian Steciuch's answer
Yes, you are obligated to fulfill the terms of your lease. It is a binding contract and you promised to live at the rented premises for the full duration of your lease. You are obligated to pay for all of those months that you agreed to live there for. It does not matter to them that you got a new job and have to move and it does not matter to the law.

What it sounds like to me from the way you describe the situation is that they are offering to release you from the terms of your lease...
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Q: Can I change the company while my H1B case is still pending to be approved. It is better after or before it is stamped?

1 Answer | Asked in Contracts, Employment Law and Immigration Law for Washington on
Answered on Jun 21, 2018
Carl Shusterman's answer
If the H-1B filed on your behalf is approved, you can start working for the sponsoring company on October 1, 2018. If you want to change employers, the new employer must file an H-1B transfer petition for you after that date.
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Q: CAN THE SHELTER TAKE MY MONEY-AND PUT IN INTO THEIR CHURCH AND HAVE ACCESS TO OUR BANK ACCOUNTS

1 Answer | Asked in Contracts and Identity Theft for California on
Answered on Jun 21, 2018
Thomas A. Grossman's answer
If the Church owns your home, then I would guess you are renting the home from the Church, and paying rent to the Church. That gives the Church certain rights over the home, but I don't think they have the right to save your money for you unless you gave them that right. The same goes for the Church having your bank account numbers. I would contact the Church immediately and find out just what they are doing. I don't know all the circumstances of your situation, but I would be cautious....
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Q: Ex girlfriend is on my title of a 2012 Dodge Avenger. Ex left over a year ago of her own volition, Wont sign or release

1 Answer | Asked in Contracts and Civil Litigation for Oregon on
Answered on Jun 20, 2018
Joanne Reisman's answer
Unmarried couples can still have a financial relationship that needs to be untangled with the help of the court. Unlike a marriage you are not at risk for being ordered to pay spousal support. You might need to contact a family law lawyer for assistance. You can file what is called a dissolution of a domestic partnership to get this straightened out. It sounds like the girlfriend just likes having some tie to you that annoys you as part of the emotional baggage that remains between you to....
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Q: Hello. I had signed a mutual advisory board contract with a startup company. After putting in about 150 hours,

1 Answer | Asked in Contracts for California on
Answered on Jun 20, 2018
Thomas A. Grossman's answer
It all depends on what the contract says. You need to review the contract and see if there are provisions for terminating you at will or for cause; and you need to know how long the contract was for. They may or may not have breached the contract depending on the terms. There are probably many other provisions in the contract that I have not seen, so I can't tell you much else. Sorry I can't tell you more.

Thomas A Grossman, Esq.
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Q: I bought a car at a buy here pay here, i can't afford it anymore am I responsible for the loan on a voluntary repo?

2 Answers | Asked in Contracts, Products Liability and Collections for Pennsylvania on
Answered on Jun 20, 2018
Elizabeth Tarasi's answer
Yes. They generally reposes the car, sell it at an auction and get what they can for the car and hold you responsible to pay the difference.
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Q: nys small claims case. def attny asked us to send letter to court for adjournment.is this right? why us not them?

1 Answer | Asked in Contracts for New York on
Answered on Jun 19, 2018
Michael David Siegel's answer
You can show up and ask for a default. But if the lawyer shows an adjournment will be granted.
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Q: In Illinois, is a contract (marriage) void or voidable if it violates an injunction/court order?

1 Answer | Asked in Contracts, Divorce and Family Law for Illinois on
Answered on Jun 19, 2018
J. Richard Kulerski Esq.'s answer
Please be specific. How can a marriage possibly violate a court order?
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Q: If I purchase a dog from a breeder and pay in full - breeder then decides to keep the dog, can I sue for the dog?

2 Answers | Asked in Animal / Dog Law, Contracts and Civil Litigation for California on
Answered on Jun 19, 2018
William John Light's answer
Of course you can sue. Your post indicates you are in Washington, while your question is posted in the California forum. In CA, you could sue in Small Claims court for breach of contract (you can recover up to $10k in CA Small Claims), and for specific performance (which would be for delivery of the puppy).

Plaintiff's Claim and ORDER to Go to Small Claims Court; Form SC-100 (Lawsuit for monetary damages)

Request for Court Order and Answer; Form SC-105 (Request for Return...
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Q: My contractor's project manager advised had me write out the checks under his name. LAPD told me to sue the company.

2 Answers | Asked in Contracts, Real Estate Law and Construction Law for California on
Answered on Jun 19, 2018
Gerald Barry Dorfman's answer
It is not clear why you signed another contract with this company while your dispute remained unresolved. If you were making progress payments, it is also not clear why most of the work was not completed. You need to get out of a public forum and into a consultation with an attorney promptly. Based on the facts stated here, the LAPD is wrong.
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Q: Can the courts send out a warrant for someone's arrest if the person is kate paying on court fines?

1 Answer | Asked in Contracts, Family Law, Real Estate Law and Landlord - Tenant for Tennessee on
Answered on Jun 18, 2018
Anthony Marvin Avery's answer
Probably not as that sounds like a Civil Judgment for Damages. Unless it involves Criminal Trespass, Vandalism or something similar with Restitution, then it is not punishable by incarceration. However the Landlord can attempt to collect on the Judgment, and you cannot ignore a Subpoena to testify as to where your assets/income are. Otherwise you will go to jail for Contempt.
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Q: I purchased 3 plots - 1 paid in full, 2 on contract. I tried to terminate the contracts due to financial difficulty.

1 Answer | Asked in Contracts for Illinois on
Answered on Jun 18, 2018
Steve McCann's answer
Based on the facts provided, it seems that the seller is giving you the runaround, you have hit an impasse, and it is in your best interest to retain an attorney to assist you with next steps. You may be entitled to remedy, but an attorney will need to review the contracts, as well as all communications with the seller prior to providing you with a comprehensive evaluation of your options moving forward.

That said, I recommend organizing everything you have in your possession related...
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Q: Our realtor representing us the sellers says we have to vacate our home on the closing date and state law does not allow

1 Answer | Asked in Contracts for Tennessee on
Answered on Jun 18, 2018
Mr. James Charles Wright's answer
Possession is given at closing- Unless the parties agree otherwise. You can ask your realtor to propose that you be allowed to remain a short time after closing or you can ask to delay the closing. If you remain after closing you are a renter- you will likely have a short rental agreement.

The buyer can say no. But if you are needing a few extra days- you can at least ask- and it may be easier to delay the closing the few days- Again by agreement.

If the buyer refuses...
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Q: What type of agreement is required for investors who will have shares in one website within my publishing company?

1 Answer | Asked in Banking, Business Formation, Business Law and Contracts on
Answered on Jun 15, 2018
Benton R Patterson III's answer
There is not a standard agreement for this. You will need a custom agreement. What you are describing may also qualify as a security and be regulated by the Securities and Exchange Commission.
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Q: Served with lawsuit for owing 9,665.90 fro voluntary repossessed car. I dont want to filebankruptcy. How should I proce

1 Answer | Asked in Bankruptcy and Contracts for Georgia on
Answered on Jun 14, 2018
Timothy Denison's answer
Hire an attorney, negotiate a compromised settlement, and pay it lump sum.
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