Contracts Questions & Answers

Q: I decided to upgrade my engagement ring through upgrade program the original place of purchase had to offer.

1 Answer | Asked in Contracts and Consumer Law for California on
Answered on Jun 25, 2017

Why were you being asked to pay more. Have a lawyer review the contract and facts to determine your rights and duties. 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: Business &...
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Q: Contract Law-what legal forms do i file to wipe out credit card/Debts accumulated by son who is Mentally Retarded ?

1 Answer | Asked in Contracts and Consumer Law for California on
Answered on Jun 25, 2017

You would have to contact the debtors to claim that the underlying contracts are invalid due to mental incapacity to contract. If they sue your son, he may via counsel be able to use that as a defense. 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: Our Landlord dropped off our lease for us to sign. We signed the lease, she picked it up and never returned it.

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Answered on Jun 25, 2017

There may not be a law that requires a party to give you a copy of the signed contract, but you should insist upon the same. I suggest at minimum that you make a copy after you sign and then bug her constantly until you get a copy back signed by the landlord.
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Q: If my NYS employment contract does not have breach penalties do I face any reprocussions for breaking it?

2 Answers | Asked in Contracts and Employment Law for New York on
Answered on Jun 25, 2017

Maybe. If what you are about to do causes your employer damages that you could or should have foreseen.

If your employer incurred expenses or damages because of or while hiring you.

These are only a few examples. You should take whatever agreement you have to an employment lawyer and have them spend an hour or two with you giving you worst case scenario.

Then you MAY approach the correct person at your current workplace and negotiate your resignation with or without...
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Q: Paid off land contract 26k. what taxes if any to file deed in my name now.

2 Answers | Asked in Contracts and Real Estate Law for Tennessee on
Answered on Jun 24, 2017

Hopefully you have already received a Deed from the former owner. If not, you own nothing. Assuming you have an executed Deed that is enforceable, go record it at the Houston County Register of Deeds. The consideration paid will have an effect on the amount of taxes for recording. I assume you have a Deed but the title may not be clear, so you should perform a title search. Good Luck
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Q: Can I be forced to use my business name rather than my true given name by police?

1 Answer | Asked in Contracts and Criminal Law for California on
Answered on Jun 24, 2017

First off this scenario is not indentured servitude because answering questions fielded by a police officer hardly equated to any form of slavery . Secondly, providing false information to a police officer investigating your true identity is a crime . Your clue was when officer asked for name on DMV application that should have alerted you to respond accordingly. Police contacts are serious and should be best handled with care and caution so you can protect all your rights and avoid arrest in...
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Q: Where can we get a blank template of a Pennsylvania Independent Contractor Agreement, which we can edit and fill in?

1 Answer | Asked in Business Law, Contracts, Employment Law and Workers' Compensation for Pennsylvania on
Answered on Jun 24, 2017

You should retain counsel to advise you. Each independent contractor situation is different. The attorney can prepare an independent contractor agreement that can be used as a template for the various situations.

Good luck.
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Q: T Mobile owes me over 200 for a defective phone that I returned to them & they charged me for it. It's been 5 months.

1 Answer | Asked in Contracts, Products Liability, Small Claims and Consumer Law for Michigan on
Answered on Jun 24, 2017

I suggest small claims court. It is inexpensive and you can recover your filing fee as well. The hearing is relatively informal so you do not have to know legal terminology. Remember "The People's Court" with Judge Wapner? Same concept. Bring your evidence and be ready to argue. There is a chance that T-Mobile will remove your case to the general docket after you file the small claims form. In that case, you may wish to see a lawyer.
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Q: Can a landlord in Florida ask for a last month's rent if the security deposit was paid and it wasn't on the lease?

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Answered on Jun 23, 2017

Technically no, but it puts you in the weird position to be starting a rental and then to get into a dispute with the landlord.

I suggest that you may want to meet with a real estate attorney in your area to have the attorney read over your lease and give you specific advice.
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Q: Need help with our lease and Moving.

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Answered on Jun 23, 2017

You need to meet with a landlord tenant attorney or real estate attorney before you do anything else and definitely before signing anything. An attorney needs to get all the facts and review the documents being presented before you go further.

Use the attorney locator feature on this site to look for a real estate / landlord tenant attorney in the Daytona area.
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Q: Does "best of my knowledge and belief" also cover recollection?

1 Answer | Asked in Contracts, Estate Planning, Insurance Bad Faith and Consumer Law for Michigan on
Answered on Jun 23, 2017

If you told them "I don't know" and they pressed you to provide an answer anyway, they are probably not to be trusted.

If you said 'I don't know exactly' and they said 'can you provide an approximate time frame' that would be appropriate.

It is hard to say exactly what is going on without complete detail and knowing what this was for and the structure of what you were doing! If you have questions about this, I'd urge you to consult with a local lawyer who practices in...
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Q: Can a Company trademark something created by and funded by a person even though they were in the process of doing so?

1 Answer | Asked in Contracts, Copyright, Intellectual Property and Trademark for California on
Answered on Jun 22, 2017

What are the terms of the contract re: the IP in question? If silent, the performer may have the IP rights. 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: Business & Contracts,...
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Q: I have a contract question. I was in an accident paid the other guy out and he signed release off all liability.

1 Answer | Asked in Car Accidents, Civil Litigation and Contracts for Colorado on
Answered on Jun 22, 2017

If he signed a release I don't see that his company can win a case. They can bring one --but not win one.

You should notify your company if you had insurance--they will pay for you to have a lawyer. You don't want to trust to winning on your own. If you didn't have car insurance its a good idea to get a consultation even if you have to pay from an attorney that handles civil case defense. Good luck! Make copies of the release--you don't want to give away the original!
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Q: If I have a lease in place, and made a verbal agreement to take $200 less on the rent, is it valid?

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Answered on Jun 21, 2017

Technically yes but I suggest that you consult with an attorney in your area to go over your lease to get specific advice before your take any action.
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Q: If a release agreement does not include the language required under the OWBPA is the entire release unenforceable?

1 Answer | Asked in Contracts and Employment Law for California on
Answered on Jun 21, 2017

Who are the parties signing the agreement? Who drafted it? 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: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
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Q: See below

4 Answers | Asked in Contracts and Real Estate Law for New York on
Answered on Jun 21, 2017

If you have a contract, you can file a case and place a lien on the property so they cannot close with anyone but you. Expensive, but might be worth it.
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Q: After 20+ years of employment my company is issuing a company handbook, should i have it reviewed by a lawyer?

1 Answer | Asked in Contracts and Employment Law for Ohio on
Answered on Jun 21, 2017

You can, but to what purpose? It won't be negotiable. Unless you are covered by a union, the company can impose whatever employment terms it wants. In Ohio, employees are at-will employees, and can be terminated at any time, as long as it is not discriminatory or does not violate an employment contract or union contract. So if you are not covered, and if you don't like the handbook terms, then the company can invite you to seek other employment.
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Q: Can I get out of a partnership (sell my share) given this clause in the operating agreement?

1 Answer | Asked in Business Law and Contracts for Ohio on
Answered on Jun 21, 2017

It is very unlikely that the use of "her" would be a successful argument. Many agreements have boilerplate that says the use of any pronoun is deemed to include all genders. Even if your agreement does not have that provision, a court is not likely to agree that "her" excludes you. But use the Find a Lawyer tab to consult an attorney to review the agreement and advise you.
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Q: My mother has Alzheimer's Disease and in order to help my dad with her care we are considering having live in caregiver,

1 Answer | Asked in Contracts and Elder Law for Tennessee on
Answered on Jun 20, 2017

What you need is Medicaid Planning- Irrevocable Trust, Pooled Income Trust and Medicaid application done.

If your mother needs community Medicaid there is no look back provision in NY and we or any Medicaid planning attorney can do it working 2-3 months.

Sincerely,

Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C.

1517 Voorhies Ave, Suite 400

Brooklyn, NY 11235

tel: 718-333-2394

fax: 718-701-8859...
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Q: I hired a contractor to remodel a basement apartment. He left my home in a dangerous shambles, can I sue?

3 Answers | Asked in Consumer Law, Contracts and Construction Law for New York on
Answered on Jun 20, 2017

If you can locate him and/or his company, you should definitely sue for breach of contract and replacement damage.

You should also report to your local BBB so that others don't suffer the same fate.

#LegalQ&A #NathansonLaw
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