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2 Answers | Asked in Contracts for Ohio on
Q: I signed a contract with a roofer and paid half upfront, he told me he was 2-4 weeks out 12 weeks ago,

Nothing in writing on the 2-4 weeks out. Can I legally cancel our contract and ask for my money back. He hasnt been returning my calls and has also given me several start dates the didn't happen. Or does this contract go on forever?

Joseph Jaap
Joseph Jaap answered on Jan 16, 2020

It depends on the specific terms of the contract whether he has breached the contract. But if the contract did not provide all the required consumer notices that are required, then you can cancel it and seek the return of the amount you paid. But if he is insolvent or declares bankruptcy, or you... Read more »

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1 Answer | Asked in Contracts for Kentucky on
Q: Verbal contract.

I have a verbal contract with a friend. concerning a car over $500. I have paid close to 7000 for this vehicle already. she wants to take possession of this car bc I cannot get financing til june of this year for a bankruptcy. if I give her the car back can I sue her for the money I paid on this... Read more »

Timothy Denison
Timothy Denison answered on Jan 16, 2020

No.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Oregon on
Q: Two different leases for one house and three roommates?

My wife has a lease in oregon with two other roommates. One roommate is the daughter of the landlord. She also has a different lease from the other two tennants allowing her to have a dog. The other two tennants, my wife included, are not allowed to have any pets per the lease they have signed. Is... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jan 15, 2020

Certainly - and is one reason to have separate leases rather than all on one. The terms of the landlord's agreement with one tenant does not have to be the same as with a different tenant, so long as they are on different leases. It also means that you can't get evicted if she does not pay her... Read more »

1 Answer | Asked in Contracts for Michigan on
Q: New car contract with a dealership question.

I purchased a new car in 12/19. All the contracts have been "signed, sealed and delivered", I received my new title from Sec. of State. I paid out of pocket (plus a check from my insurance co.) for the car, there is no leanholder on the title. Can the dealership say "oops, one of the rebates we... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Jan 15, 2020

I would not dismiss the idea that the dealer can come back for more money. The answer probably depends upon the written agreement. I would look at what you agreed to: You may have agreed to pay $X for the car, and the papers probably show the rebate as the source of partial payment, so, from the... Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Signing a fixed-term lease on house. In VA, can new landlord add a clause--if it sells new owner can give 60 day notice?

The new landlord said they're not likely to sell, but the property has two houses and it's possible she'll want to sell mine. There are plenty of people right here who would want to rent it, so I'm wondering--can I say no to adding that clause? Is it legal in VA or do I have no leverage if it's... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jan 15, 2020

Assiming you have a written residential lease in place, and if your question is whether a new title owner of the Property is entitled to unilaterally change the terms of your lease with the previous title owner, the answer is no. A residential lease can only be changed or modified by mutual... Read more »

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1 Answer | Asked in Contracts and Real Estate Law for New York on
Q: What rights do I have as a buyer? The seller has been dragging his feet on closing. It’s been 4 months since we signed.

We signed contracts for a home in the middle of September (tentative closing date was October 15th). Had our mortgage commitment by mid October. As we’re waiting on a closing date, seller notifies us that their underground tank has a leak, town is involved, and they’re correcting the issue. We... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 14, 2020

I disagree with your lawyer. Time of the essence letter is required as a predicate to anything else. Then, you can bring a specific performance action and charge them with the fees.

1 Answer | Asked in Consumer Law, Contracts and Collections for Michigan on
Q: Hi Sir.,My wife and I signed a auto loan contract in 2013 With a company called Santander.We feel this a bad loan.Since

Since 2013 they’ve had considerable lawsuits and complaints for unfair debt practices and other grievances.We have paid 40000 dollars for a 27000 car.we still owe 15000.00.55000 when all said and done.The car is currently worth 13000.00

Adam Alexander
Adam Alexander answered on Jan 14, 2020

Why do you feel this is a bad loan?

1 Answer | Asked in Contracts for Florida on
Q: How do I get payment from HOA if they refuse to provide documents per a records request? This was sent in October.

My letter was returned to me by board president shredded in pieces.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 14, 2020

You are wasting your time. If you want your HOA to pay attention to you I suggest you hire a lawyer experienced in these kinds of HOA/member disputes and pay them to advise you how to get records from your HOA.

1 Answer | Asked in Contracts for Florida on
Q: In Florida does the dealer or agent have to sign the customers copy of bill of sale and or retail installment contract?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 14, 2020

Depending upon the product or kind of service involved, most "dealers or agents" do have someone sign every bill of sale or retail installment contract at some point in the process. However, they do not normally do it immediately; that is probably why the copy you have is not signed.

2 Answers | Asked in Contracts and Construction Law for Ohio on
Q: When is a fence contrator responsible for underground damages?

Fence contractor dug through my outside sewer line. Contract states they are not liable for unknown obsticles such as sewer lines. My question lies in do they carry any liablity in that they never informed us of the damage and moreover actually placed the fence post and concrete footing into the... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 14, 2020

If their contract says that, and you signed it, then they might not be liable.

But they might not have followed all the consumer protection requirements to give you notice of 3 day right to cancel, etc. If those were required, and they didn't, then that could void their contract, so they...
Read more »

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1 Answer | Asked in Civil Litigation and Contracts for Ohio on
Q: How do I serve an eviction notice without a rental agreement and without ever receiving rent?

I let someone live at my house to get their life together and they haven't. I have told them time and time again that I do not want them here, and they refuse to leave. They are living here full-time and refuse to leave on their own. There is no agreement of any sort stating that they may live... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 14, 2020

You can still follow the normal eviction process, even without a written lease. You give them the required written notice to vacate, and if they don't, then you file the eviction. Check your local court web site for the eviction process, or use the Find a Lawyer tab to retain a local attorney to... Read more »

1 Answer | Asked in Contracts for Georgia on
Q: If you give no deposit or rent and you have just signed a contract can you break the lease. Just the application fee

The only thing that was paid was the application fee.

Paula J. Mcgill
Paula J. Mcgill answered on Jan 13, 2020

You signed the contract. Look at the contract to determine if you have a grace period to terminate the lease.

You didn't state why you wanted to terminate the lease. The reason for wanting to break the lease may change my answer.

Paula McGill

demandingjustice@gmail.com

2 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Georgia on
Q: My name is on a deed and mortgage with my ex. I moved from the home but pay utilities. Can he say I abandoned the house

My now ex and I purchased a house last year. Both of our names are on the deed & mortgage. We tried to live as roommates but that was not worked. I recently moved all of my belongings from the home. He claims I abandoned the house. If I still pay utilities and have mail coming to the house can he... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Jan 13, 2020

He doesn't know the law.

You still have an ownership interest in the property.

Therefore, you should seek counsel who specializes in real estate to force a partition of the property, if possible.

This may cause the house to be sold or to force him to buy you out....
Read more »

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: Can we sue and win a case against the homeowner due to breaking our tenants rights?

I rented a vacation home in Florida for two weeks directly through email using a Paypal payment. I found the house through vrbo.com which states no pets are allowed, though I did not see this statement, though I did not book through vrbo.com, but direct through the homeowner and pet policy was... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 13, 2020

Sue for what? The $200 deposit? What else are you wanting to sue for? Breach of privacy? That dog won’t hunt here oh Florida.

However, if you want to file a $200 small claims case in the county where the condo is located you can do that-without a lawyer. But then what will you do when...
Read more »

1 Answer | Asked in Contracts and Products Liability for Florida on
Q: Can I sue to get my money back and give back the car?

I purchased a vehicle from a used car dealer, I asked prior to the purchase if there were any mechanical issues that needed to be addressed sooner rather than later, I was told no the car is perfect. I’ve fixed everything that needed to be repaired. I paid the $3,000 and I drove the car off the... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 13, 2020

You need to consult an attorney handling consumer protection matters in person, in order to show the purchase agreement and go through the whole story. One issue is whether you signed an "AS IS" contract (an unwise thing to do). If you did, that would present an obstacle to recovery, though in... Read more »

1 Answer | Asked in Contracts, Divorce and Real Estate Law for Illinois on
Q: Illinois, I contract for deed my home 82214 NotMarried boyfriend moved in 1 year later we married I was ONLY one worked

His name is on nothing he work for cash only I have W-2s he left me got incarcerated for a year and he still is not living in the home he has many vehicles on property and I don't see him and vehicles are open titles can I get rid of them? &

my home is paid off and we're talking divorce can... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Jan 12, 2020

The only grounds that you can use for a divorce in Illinois are irreconcilable differences. You should not dispose of any property. Wait until you have a court order regarding the property. If the house is titled in only your name and you acquired it prior to your marriage, it should be considered... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Intellectual Property and Real Estate Law for Louisiana on
Q: Can a property manager be held responsible for providing a master key to a person that is not listed on a lease

Which resulted in two break in,which the property manager confessed to providing a master key to a guest not leasing with the complex on a police report,can the property manager be held responsible as well as an accessory for my home being broken into for a second time

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 12, 2020

Yes both civily and criminally

1 Answer | Asked in Banking and Contracts for New Jersey on
Q: I informed my bank that I would be traveling to Hong Kong and Macau on business in a few days and I wanted to be sure

my debit cards would function properly as I would be buying about $30,000 worth of merchandise and needed to pay other expenses. The debit cards did not allow me to spend any money of my own in those accounts. I lost the opportunity to make about $60,000 profit and I was unable to pay my expenses.... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jan 11, 2020

That will depend on the debt card agreement and whether or not you set things up properly with the banks or not. There are various Federal and State laws that all banks must comply with. There could be numerous other factors involved. This would be beyond the scope of what most attorneys would... Read more »

1 Answer | Asked in Contracts, Criminal Law, Personal Injury and Libel & Slander for Missouri on
Q: Can you be found guilty of a CRIME in a civil case?? And if so,Why would I NOT be allowed to sue for perjury??

I was told that only the prosecutor can pursue the person who sued me in civil case and lied under oath, because perjury is a crime.

If that is true, how can I be sued for a CRIME, if not by the PROSECUTOR, in CRIMINAL Court????

Ok. To try to be clearer.... OJ Simpson was tried for... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 11, 2020

I’m not following your post. Perjury is a crime and you seem to understand that a prosecutor prosecutes criminal cases. Some acts can be pursued both civilly and criminally. Think OJ Simpson.

1 Answer | Asked in Contracts for Mississippi on
Q: I am trying to break my lease but they do not have any regulations for me breaking my lease in the lease agreement?

They want me to pay the remaining balance but that doesn’t seem correct.

Tim Akpinar
Tim Akpinar answered on Jan 11, 2020

You posted in Contracts, and you are correct. A lease is a contract. But if you reposted under Landlord-Tenant, you might have a better chance of a Mississippi L-T attorney seeing your question. Good luck

Tim Akpinar

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