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1 Answer | Asked in Contracts and Small Claims for California on
Q: Is it legal in California to collect placement fee in advance without a job order for teachers from the Philippines
James L. Arrasmith
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answered on Sep 19, 2023

In California, it is generally illegal to collect an advance placement fee from teachers or any job seekers without a valid job order. The California Labor Code prohibits the collection of any fees from job applicants, including placement or recruitment fees, unless there is a written job order in... View More

1 Answer | Asked in Consumer Law and Contracts for California on
Q: Can a storage facility lock me out just after 10 days?

Rent was due Aug 23rd. I had given my 30 days notice beginning of Aug. I went to empty my unit on Sept 5th but was told I need to pay the entire month of Sept in order to vacate that day on the 5th. I said I'll pay the late fee plus rent from Aug 23rd to Sept 5th and they said I had to pay... View More

James L. Arrasmith
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answered on Sep 19, 2023

Under California law, if a storage facility has a lease agreement in place that specifies the terms, including the requirement to pay for the entire month, they may enforce these terms. However, it's essential to carefully review the lease agreement for any potential violations or... View More

1 Answer | Asked in Consumer Law and Contracts for California on
Q: Can a storage facility lock me out just after 10 days?

Rent was due Aug 23rd. I had given my 30 days notice beginning of Aug. I went to empty my unit on Sept 5th but was told I need to pay the entire month of Sept in order to vacate that day on the 5th. I said I'll pay the late fee plus rent from Aug 23rd to Sept 5th and they said I had to pay... View More

James L. Arrasmith
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answered on Sep 19, 2023

Under California law, a self-storage facility may have the right to lock you out and place a lien on your belongings if you are in default of your rental agreement. However, it's essential to review the specific terms of your lease agreement and any applicable state laws. If the facility acted... View More

1 Answer | Asked in Contracts, Personal Injury and Health Care Law for Oregon on
Q: Can an agency in Oregon providing a caregiver to an elderly and/or disabled person legally (as in it's in their contract

Release and assumption of risk: the company is expressly released of any alleged negligent or wrongful act by an caregiver.

How is this legal? How can an agency providing caregivers be absolved of any and all liability should something horrible happen while they are in my home? What if... View More

Jason T. Kandah
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answered on Sep 19, 2023

This answer in no way establishes an attorney-client relationship but is intended as general information. Only a signed and fully executed retainer agreement may effectuate such attorney-client relationship.

A.

Different states vary regarding the issue of signing waivers. Oregon...
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1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: I rented out an Airbnb for the weekend and when we got ready to go to bed I felt something biting me it was bed bugs

What should I do I was terrified and scared to go to sleep I stayed up the entire night.My daughter literally scratched until blood was coming out her arms from the bed bugs.I asked for a full refund the owner said no and denied that there were any bugs when I have videos and pictures of the bugs... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 18, 2023

You must review AirBnb's terms and conditions for resolving disputes. They have a process that you agreed to when you reserved the unit. That process entails first contacting the unit owner with your proposal for resolving the issue (for example, demanding a full refund), then there are... View More

2 Answers | Asked in Contracts for New York on
Q: hi, is there anyway I can help in a contract case online?
Tim Akpinar
Tim Akpinar
answered on Sep 17, 2023

With the brief Q & A format of this site, it could be difficult. It isn't set up for exchanging attachment files for review and comment, not to mention the issue of confidentiality on a public forum. One option could be to look into whether there are sites out there that so offer such... View More

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2 Answers | Asked in Business Law and Contracts for California on
Q: A business whose business license expired several years back is liable for damaged property of mine. Is that important?

The business is a textile conservator that extensively damaged a very expensive designer gown. Though it’s over 20 years old prices for these items increase over time and very difficult to replace. How would you determine amount of liability ?

James L. Arrasmith
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answered on Sep 19, 2023

In California, the expiration of a business license may impact its legal standing, but liability for damaged property is primarily determined by the principles of tort law, contract law, and the specifics of the situation. To assess liability in your case, you should consider factors such as the... View More

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2 Answers | Asked in Contracts and Civil Litigation for New York on
Q: Counter claims left open despite motion to dismiss because they are evidence to the case

A case was filed by plaintiff and in answer to Summons defendant listed 4 counter claims without specific remedies. This is because the value has not been determined. The work is incomplete by plaintiff. Plaintiff has filed a motion to dismiss defendants counter claims. This was a window install... View More

Carl Nelson
Carl Nelson
answered on Sep 16, 2023

I’m not complete sure what your question is. Generally a court does not consider evidence on a motion to dismiss but rather the sufficiency of the complaint itself. So the court would assume that all the facts alleged in the complaint were true for the purpose of the motion and then decide if,... View More

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2 Answers | Asked in Contracts and Civil Litigation for New York on
Q: Counter claims left open despite motion to dismiss because they are evidence to the case

A case was filed by plaintiff and in answer to Summons defendant listed 4 counter claims without specific remedies. This is because the value has not been determined. The work is incomplete by plaintiff. Plaintiff has filed a motion to dismiss defendants counter claims. This was a window install... View More

Marco Caviglia
Marco Caviglia
answered on Sep 19, 2023

Understanding your intended question is challenging, but I'll take a stab. There is a breach of contract claim and the defendant filed several counterclaims. Plaintiff seeks dismissal of the counterclaims before trial which will be unlikely unless there are no material facts to be determined... View More

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3 Answers | Asked in Consumer Law, Civil Litigation and Contracts for Colorado on
Q: prepaid dance lessons for my daughter. She has decided not to use this studio. The dance studio is refusing refund.

Studio is stating that prepaid money cannot be refunded only applied to lessons. Is there legal standing to demand a refund?

T. Augustus Claus
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answered on Sep 14, 2023

In Colorado, your ability to demand a refund for prepaid dance lessons largely depends on the terms and conditions stipulated in the contract or agreement you entered into with the dance studio. It is essential to carefully review the contract, paying particular attention to provisions related to... View More

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3 Answers | Asked in Consumer Law, Civil Litigation and Contracts for Colorado on
Q: prepaid dance lessons for my daughter. She has decided not to use this studio. The dance studio is refusing refund.

Studio is stating that prepaid money cannot be refunded only applied to lessons. Is there legal standing to demand a refund?

Michael Joseph Larranaga
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answered on Sep 15, 2023

I agree that it all depends on the contract. In addition, it depends on how those funds are classified which again will be affected by the contract. Did you buy vouchers, is it a prepayment for services, or other?

Depending on the school, you may also consider talking to the other parents...
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1 Answer | Asked in Consumer Law, Contracts, Family Law and Tax Law for Maryland on
Q: I terminated services with a daycare provider and the provider is refusing to provide a receipt. What should I do?

The licensed provider did not require a contract however just the required forms to be completed for state regulation. However there are emails and text messages showing the business relationship for an 8 month period.

James L. Arrasmith
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answered on Sep 14, 2023

If the daycare provider is refusing to provide a receipt, you can take the following steps:

1. Communicate Clearly: Send a polite and formal written request, preferably via email or text message, asking for the receipt. Mention any relevant details like the dates of service and payment...
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1 Answer | Asked in Employment Law, Tax Law and Contracts on
Q: Does a foreign student working in Germany for three months(full time summer job) need to give their employer the tax-ID?

I ask this question because I want to know whether or not the employers don't pay the students enough by not taking their tax-ID number. Because if you have the German tax-ID number, it means that you can retrieve the steuer (taxes) next year, respectively as a student. If they don't take... View More

James L. Arrasmith
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answered on Sep 14, 2023

The specific tax regulations for foreign students working in Germany can be complex and may depend on various factors, including the type of work, duration, and income. In general, employers in Germany are required to withhold taxes from employees' salaries and obtain their tax identification... View More

2 Answers | Asked in Contracts for New York on
Q: How can my friend be protected for a giving me a short term loan in the event of my demise?

I would use the funds to buy real estate and pay her back with proceeds from the sale of my coop. Her only concern is if something happens to me before I sell my apartment and have the funds to pay her back.

Carl Nelson
Carl Nelson
answered on Sep 14, 2023

You can grant your the person loaning money a security interest in the real property. This gives the creditor a lien in the property and priority against unsecured creditors or secured creditors who come later in time. You would want to consult an attorney to have the correct forms prepared and... View More

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1 Answer | Asked in Business Formation, Business Law, Contracts, Tax Law and Estate Planning for Washington on
Q: My dying mother wants to leave her art business to me, she wants me to continue sell her branded art for her

What must I do legally?

She wants me to continue on her brand and artwork selling.

James L. Arrasmith
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answered on Sep 14, 2023

To legally handle your mother's request, you should:

1. Ensure she has a valid and comprehensive will or trust that clearly outlines her wishes for the art business's succession.

2. Work with an attorney experienced in estate planning to facilitate the transfer of assets...
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2 Answers | Asked in Contracts, Estate Planning and Probate for Tennessee on
Q: Signed contract to sell house.

My husband passed away 3 1/2 months ago. Due to grief and stress I signed a contract. But little did I know due to my reduced income and credit score I was unable to buy or rent anything. Do I have any options?

Thank you,

Anthony M. Avery
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answered on Sep 14, 2023

Are there any title problems, such as claims against your Deceased Husband? If so, you might not have merchantable title. And many title co. will require an unnecessary Probate which takes more than a year to close. Was earnest money involved? If so, give that back. The buyer suing you for... View More

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2 Answers | Asked in Contracts, Estate Planning and Probate for Tennessee on
Q: Signed contract to sell house.

My husband passed away 3 1/2 months ago. Due to grief and stress I signed a contract. But little did I know due to my reduced income and credit score I was unable to buy or rent anything. Do I have any options?

Thank you,

Mr. James Charles Wright
Mr. James Charles Wright
answered on Sep 14, 2023

I am so sorry for your loss, and you are in my prayers- I have not lost a spouse- so I cannot appreciate fully your loss.

As to your question- you have done well not to post on the internet a lot of details - but at the same time without more details, it is hard to give much help. The...
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1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for California on
Q: If I sign contract 2 sale my home & agent dont call me back in weeks am I forced to sale or if not I will get sued.

My bf signed a contract to sale his home time went by and agent never called him back and finally when my bf spoke to the agent my bf said he was tired of chasing them around and agent got so mad and threaten my bf he will get sued and he has to get out in less than 30 days . My bf never got no... View More

James L. Arrasmith
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answered on Sep 13, 2023

I'm sorry to hear about your boyfriend's difficult situation. In California, once a contract is signed, both parties are generally bound by its terms; your boyfriend should carefully review the terms of the contract to understand his obligations and any potential breach. Given the serious... View More

Q: Company installed solar panels 2/2023 as of today 9/13/23 it is not generating power no PTO. Do I have a case?

Permit/inspection by City of West Sacramento had a few non compliant items the contractor has failed to correct. In addition, they failed to complete form correctly to obtain Permission to Operate with PG&E utility company. To date the panels have been sitting on my roof not generating any... View More

James L. Arrasmith
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answered on Sep 13, 2023

I'm sorry to hear about your troubling situation. In California, consumers in your position have several avenues for recourse including continuing to pursue the complaints filed with the State Contractors License Board and the Better Business Bureau. Moreover, considering reaching out to the... View More

1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Florida on
Q: Is it legal to force tenants to use the broadband company their management company requires?

I live in Palm Harbor FL at a ZRS Managed Property. From day one they were aggressively adamant that I had to use WOWAY Internet Provider since that's who they worked with. I found that a little odd since in my decades of living in Apartment Complexes from New York to New Orleans I had never... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 13, 2023

Welcome to Florida -- yes, it's different. Generally, the way I interpret this is the service providers cannot demand it is exclusive but that would not stop an owner from requiring a tenant to use an exclusive provider. Tenants have the option of entering into a lease with all kinds of... View More

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