Contracts Questions & Answers

Q: Can a realtor ask you to sign a contract stating you can only work with him and no other broker?

3 Answers | Asked in Contracts for California on
Answered on May 24, 2017

Yes. Nothing illegal about it. Reasonable too, if you think about how brokers get paid--based on results that may take much time and expense, but no compensation as you go along.
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Q: dont have my right to my child bc was force to give him up my cousin adopted him there a way I could get joint custody

1 Answer | Asked in Contracts, Adoption, Child Custody and Child Support for Oklahoma on
Answered on May 24, 2017

When the Adoption was sought by your cousin, you should have appeared before a JUDGE, not a notary to sign paperwork to give up rights to your child. The judge was required to ask you a lot of questions to determine if you were doing so "freely and voluntarily". It this happened, you now have no rights to see the child, or have visitation, unless that was a part of the Decree of Adoption.

If you didn't appear before a judge, and someway you were really "forced" to consent, you should...
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Q: If you are let go through no fault of your own because the business is closing do they need to pay you through the term?

1 Answer | Asked in Contracts and Employment Law for California on
Answered on May 24, 2017

The short answer is no. If the employer can't stay in business because of economic necessity, then they don't have to pay employees for work not performed unless they specified in your contract that you would be given work through a date certain and in reliance you left other work or otherwise changed your status in order to accept the work. In that case, you may be entitled to damages based on what you were promised versus what you were actually provided.
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Q: In Seattle, WA, is marijuana a "controlled substance"?

1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Landlord - Tenant for Washington on
Answered on May 23, 2017

Legally, yes; marijuana is still a controlled substance. And paraphernalia can be just about anything used to ingest or store drugs (the definition is: all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling,...
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Q: Can owner of project demand me to credit part of job based on payment schedule G703 form.

1 Answer | Asked in Business Law, Contracts, Construction Law and Government Contracts for New York on
Answered on May 23, 2017

The short answer is that you have to carefully look at the contract and scrutinize the obligations each of you have. The long answer begins with "it depends..." Basically the rules of contract law will government, when there is a breach each side has a duty to mitigate damages / losses. Inadequate or shoddy workmanship does qualify as performance on a contract and therefore doesn't obligate the other party to pay.
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Q: If I break my lease and pay the lease termination fee, when is that fee due? In Oregon.

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for Oregon on
Answered on May 23, 2017

Leases are contracts so the terms of you contract should govern what the consequences are of breaking your lease. If the contract doesn't specify you and your leasing agent should agree on something, but within 30 days would be reasonable, although not necessarily a rule. What you don't want is to drag it out so your leasing agent has to file a law suit which will show up on public records and could hurt your credit even if you eventually pay the fee in full.
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Q: If I made an offer to my friend 1 to sell my furniture at Rs 20, 000 and he agrees to buy at Rs 19, 000. `

1 Answer | Asked in Contracts on
Answered on May 23, 2017

Normally, your friend would be considered to have made you a counteroffer at 19K Rs to your offer to sell at 20K Rs. If you did not accept the counteroffer, then no contract has occurred, because there has not been a "meeting of the minds" on the price of the goods. If that is the case, then normally your friend would have no case if you sell the furniture to a third party for a higher price. On the other hand, if you did agree to sell the furniture to your friend for his counteroffer price...
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Q: What are my options with a jointly-owned inherited house when we're already in contract with a realtor?

1 Answer | Asked in Contracts, Family Law and Real Estate Law for California on
Answered on May 23, 2017

You may want to file for partition of the assets, though that might complicate a sale even further. Is he willing to buy out your share? 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 my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law:...
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Q: How do I break my lease in California?

1 Answer | Asked in Contracts, Consumer Law and Landlord - Tenant for California on
Answered on May 23, 2017

The landlord might be in breach if you can prove that the break-in was done by neighbors and the landlord doesn't evict them. You can report crimes to the police as well. 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 my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and...
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Q: Can landlord legally terminate our lease? They are selling/ closing on our house in a few weeks? Won't give deposit back

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Answered on May 22, 2017

I understand your stressful situation, but the answer to your questions depends upon the written lease agreement.

I suggest that it would be good for you to speak with a landlord tenant attorney in your area ASAP to determine the answers to your question, plus whether the early termination is even appropriate per the terms of the lease agreement.
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Q: Can I back out of a commercial lease contract within a certain amount of time

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Illinois on
Answered on May 22, 2017

The answer to your question depends on the specific facts that are not provided here, such as the language in the contract and the reasons you wish to back out of the lease. I would recommend organizing the contract and all other information relevant to this situation, and consulting with an attorney individually. A knowledgeable attorney will review the details, and advise you as to the best course of action moving forward.
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Q: How long may a guest stay before they are considered a tenant under VA law?

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Answered on May 21, 2017

I have never heard of the 14 day rule in the Code of Virginia. The intent of the person who is the guest and the tenant who is on the lease will generally indicate whether the additional person is a guest or a tenant. Also, the lease may provide for who are "authorized tenants" that are not named in the lease as an actual tenant.
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Q: if a person executes a note and trust deed in favor of a non-existent company styled a a "lender", is that fraud?

1 Answer | Asked in Consumer Law, Contracts and Criminal Law for Oregon on
Answered on May 20, 2017

This doesn't make sense. If party "A" gave money to party "B" in exchange for a promisory note there is a secured transaction. If you are saying that the documents listed party "A" as a New York Corporation that didn't exist, the fact remains that there were two parties with the intent to do a loan and have it secured. If you are looking for an excuse that party "B" can use to take the money and not pay it back, is not going to happen. The law doesn't support people taking money and not...
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Q: Can a home seller resend offer after signing a contract?

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Colorado on
Answered on May 18, 2017

I assume you meant to rescind no resend (spelling autocorrecting always gets me too...). Anyway, a seller may be able to rescind a signed contact, but this is usually conditional on either the buyer agreeing to release the seller or the seller offers a "penalty" to the buyer for terminating (this is sometimes included in sales contracts). Beyond that, a dually signed agreement is binding to both the buyer and seller absent fraud or dual material mistake. You may need to contact a real estate...
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Q: If I cannot afford to pay my rent, would my credit score be affected even though I have a co-signer?

1 Answer | Asked in Consumer Law, Contracts, Collections and Landlord - Tenant for Colorado on
Answered on May 18, 2017

Any non-payment (when reported) will negatively impact your credit score, just like any payment on time will beneficially impact your score. If the rent is paid (it does not matter who paid it) there should be nothing to report. If there is a non-payment, this can be reported. It is a wholly different issue whether a landlord chooses to report the default.
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Q: Contractor installed my roof incorrectly. Have arbitration clause in contract. Do I have any rights at all?

3 Answers | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Construction Law for California on
Answered on May 18, 2017

If the repair is under $10k, you can sue in Small Claims. You will need to bring the photos, original contract and a statement from Owen's Corning about what is wrong and an estimate to repair it.

If it's over $10k, you will need to hire an attorney and file a lawsuit in Superior Court.
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Q: If I was to buy out a lien that's passed due how long before I can foreclose on said property

2 Answers | Asked in Contracts and Foreclosure for Florida on
Answered on May 18, 2017

What type of lien? How long has it been filed?

I can't answer without this info.
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Q: Oregon tenant. Written agreement for labor and materials exchange for rent.

1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Answered on May 17, 2017

So many unanswered questions. Was this for fixing up the dwelling you occupy or for working on some other dwelling the landlord owns? What is the basis for the company trying to evict you - alleging failure to pay rent or some other basis? All in all, consider reviewing it all with a local landlord-tenant attorney to see if you have a case.
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Q: I have a new lease with new tenants moving in, in approximately 45 days, however, I am also selling the home.

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for California on
Answered on May 17, 2017

Did you disclose this to your tenants? The new buyers would have to take over the lease with the tenants, typically. As for any eviction, it depends on the lease and the relevant laws in your city. 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 my law practice website, www.AEesq.com. I...
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Q: Can I get sued for rent even though I'm not on the lease?

3 Answers | Asked in Contracts and Landlord - Tenant for New York on
Answered on May 17, 2017

He can sue you, but it is unlikely that he will prevail absent proof of an agreement between the two of you.

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