Contracts Questions & Answers

Q: CA. My Ins. total car based on their $ value my shop is less by 1100.00 they denied bid. Ca. law gives choice of shop.

1 Answer | Asked in Contracts and Insurance Bad Faith for California on
Answered on Aug 14, 2018
William John Light's answer
There is no bright line in CA as to a total loss. Usually, it is at 75% of the actual cash value of the car. You painting the care yourself doesn't mean that the cost of painting isn't included in the cost of repairs. It still has to be painted. You currently at 68% of ACV, and it probably goes over 75% once paint is included. Further, with an estimate of 68%, there are frequently additional damage that will be discovered during the course of repair, pushing the cost even higher. In other...

Q: How do I file a motion or petition the court to order a stop garnishment from a creditor where I wasnt notified of trial

1 Answer | Asked in Consumer Law, Contracts, Employment Law and Appeals / Appellate Law for Maryland on
Answered on Aug 14, 2018
Mark Oakley's answer
You may be too late to file a motion to vacate the judgment if you let a few months of wage garnishment pass before acting. There is a requirement that a party act diligently once they become aware to set aside a judgment that was entered without proper service. If you knew of the pending case before judgment was entered, then you probably are out of luck.

Q: How does my children go about getting POA of their dad, which is an incompetent drug addict?

1 Answer | Asked in Contracts for Kentucky on
Answered on Aug 12, 2018
Timothy Denison's answer
If he is truly incompetent, he can’t give them a POA. If he is lucid and aware, he. Oils simply sign a POA before a notary for them.

Q: Can I take them out?

1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Real Estate Law for Florida on
Answered on Aug 10, 2018
Terrence H Thorgaard's answer
I believe that they are lying to you and that you can sue to evict them.

Q: I have a question about selling a house in south New Jersey

1 Answer | Asked in Contracts, Real Estate Law, Business Law and Civil Rights for New Jersey on
Answered on Aug 9, 2018
Jay Schmerler's answer
You will need to speak with an attorney and have that person review the contract in order to answer your question.

Q: Valid holographic will?

3 Answers | Asked in Contracts, Estate Planning and Probate for California on
Answered on Aug 9, 2018
Genene N. Dunn's answer
This is tough to answer without seeing the documents, but essentially it seems like it probably is not a valid holographic will. It is a requirement of a holographic will to be in the decedent's handwriting. The fact that it is not in her handwriting alone might make it invalid.

Q: Divorce was final in 2009. I filed quit claim deed per the judgment. My ex was supposed to re-finance. He didn’t.

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Florida on
Answered on Aug 9, 2018
Terrence H Thorgaard's answer
You could sue to cancel the false loan modification application, but you would still be liable on the original mortgage note. So, unless the terms of the loan as modified are tougher than the original loan terms, there wouldn't be any point in suing.

The problem with the original divorce terms is that, even if he were to file for a modification, there is no guarantee he would get one (particularly in 2009). You shouldn't have been required to quitclaim your interest to him until...

Q: I signed a lease, changed my mind less than 24 hrs after signing. Can I void the lease w/o the lease break fee?

1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Answered on Aug 9, 2018
Gregory L Abbott's answer
You can certainly talk to the landlord and see what, if anything, they are willing to do. But legally, you are likely on the hook as soon as you signed the lease. If you were unsure, you should not have signed until you were or you should have put a clause in that allowed you out if you wanted after inspection.

Q: I called a company to deliver 8 tons of cheap gravel for $130. When they arrived, they claimed it was $130 per ton.$1024

1 Answer | Asked in Civil Litigation and Contracts for Virginia on
Answered on Aug 9, 2018
F. Paul Maloof's answer
If you took the delivery and signed for it, you are obligated to pay for it.

Q: When offered a promotion, can an employer change your salary even though you refused to sign your offer letter?

1 Answer | Asked in Contracts and Employment Discrimination for New York on
Answered on Aug 9, 2018
Michael David Siegel's answer
As long as you make minimum wage, and have no contract for anything else (which you don't as the unkept promises are not a contract), then the employer can do whatever he wants. You can always quit.

Q: Can a company change your salary automatically without you signing your offer letter to accept a new position?

1 Answer | Asked in Contracts and Employment Law for New York on
Answered on Aug 9, 2018
V. Jonas Urba's answer
Sounds like you work on commission su your employer must provide you with a commission sales agreement. It's for your own protection in case they dont pay accordingly.

You need to negotiate that not by email or hire someone to do that for you.

Otherwise consider getting a new job before you quit. If you dont have a term specific employment agreement they can change your duties and compensation unless they do so for illegal reasons. Call employment lawyers to discuss.

Q: Am I legally obligated to a lease that I did not sign, but was listed on as an occupant?

1 Answer | Asked in Contracts and Landlord - Tenant for Oklahoma on
Answered on Aug 8, 2018
Doak Willis' answer
Since you did not sign the lease, a contract was not formed between you and the landlord thus you can not be held liable for your ex-roommates failure to pay the rent.

Q: Boss had me move to work for him. Gave me free rent. Worried he will fire me and won't have a place to live.

1 Answer | Asked in Contracts, Employment Law and Civil Rights for Oregon on
Answered on Aug 8, 2018
Mr. Michael O. Stevens' answer
Unfortunately, you have fewer protections as an employee in these situations: https://www.oregonlaws.org/ors/91.120

He could evict in 24 hours, or at least has to wait 24 hours before he files. Most courts take a couple weeks before you get to your first hearing, so you would have a little time.

Q: How does the child support collection agency that operates under the executive branch magically become judicial ?

1 Answer | Asked in Contracts, Civil Litigation, Civil Rights and Constitutional Law for New York on
Answered on Aug 8, 2018
Michael David Siegel's answer
Boy do you have no clue how this process works. Get ready for jail. Ignore them at your peril.

Q: Can I get my Non-Refundable deposit back?

1 Answer | Asked in Contracts for New Jersey on
Answered on Aug 8, 2018
H. Scott Aalsberg Esq.'s answer
Without a written contract the photographer would be hard-pressed for a court to agree that this was a non-refundable contract. I suggest you contact a lawyer to write a letter on your behalf because it's apparent he's not just going to give you the money.

Q: Construction Contracts

1 Answer | Asked in Contracts for Florida on
Answered on Aug 8, 2018
Terrence H Thorgaard's answer
I'm not sure what you mean by "formens scope", or "and new", but first, you should find out from the owner why he stopped payment on the check. If he wrote the check after being notified that half of the underlayment was not done according to the change order, it appears that he agreed to the work as done. If his explanation does not make sense, or if he doesn't explain, you may have to consider filing suit.

Q: MY BRAKES FAILED AT MY APARTMENT COMPLEX GATE AND I PLOWED RIGHT THRU IT..LEAVING IT DAMAGED. HOW DO I GO ABOUT THIS

1 Answer | Asked in Contracts, Criminal Law and Intellectual Property for Tennessee on
Answered on Aug 7, 2018
Mr. Kent Thomas Jones Esq.'s answer
Well, first I don't know how you didn't live at the apartment complex when you said that it was YOUR apartment complex. The facts that the car was not registered and there were no updated tags will not help in court. You need to consult with local defense counsel if you can afford it. If you cannot afford it, then a district attorney or another local counsel on a list can be appointed to you. Does anybody know that you did it?

Q: I signed a gym contract but they missed taking a payment on time, is this breaking the contract?

1 Answer | Asked in Contracts for Georgia on
Answered on Aug 7, 2018
Daliah Brill's answer
Cancellation terms are usually in the contract.

Q: My late father bought a ranch 2012, I didn't find any documents of the transaction but payments receipts of about 300k

1 Answer | Asked in Business Law, Contracts and Real Estate Law for Texas on
Answered on Aug 6, 2018
Tammy Lyn Wincott's answer
I suggest you search the County deed records where the land is located. There may have been something filed that you're unaware of.

Further, consult with a real estate attorney in your area that can review the paperwork you have signed and go over the other facts with you in private.

Q: I have bats that are coming into the house, indicating an infestation in attic or chimney. Is it my responsibility?

1 Answer | Asked in Contracts and Landlord - Tenant for Michigan on
Answered on Aug 5, 2018
Thomas. R. Morris' answer
I view this as a maintenance issue. Who, under the lease, has the duty to maintain the experior walls, doors amd windows? If the problem could be cured with repair, i and maintence is on the landlord, it may be his responsibility. Perhaps, however, it cannot be prevented at a reasonable cost and bats come with the house.

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