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1 Answer | Asked in Contracts for New York on
Q: Verbal contract - client is backing out and unwilling to pay

I work as a freelance drafter. I have been working on a project that had an original scope of providing services for a new build. Our schedule slipped a week or so from agreed date, but was ready to submit completed work. I found out that the steel fabricator was unable to provide drafting for a... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 11, 2024

Depending on a detailed analysis of the communications and facts in your case, you may have a claim for promissory estoppel against the client. These claims come into play where there may not be a legally enforceable contract but you have detrimentally relied on the client's promises and... View More

1 Answer | Asked in Contracts for Minnesota on
Q: Contractor did not complete services

A contractor was hired to remove trees on my property, and asked for payment in full and never completed the work. It has been a month of excuses and promises of a refund with no results. I told him I would seek legal avenues, and he told me he would dissolve the LLC / declare bankruptcy if I did... View More

Robert Kane
Robert Kane
answered on Jul 10, 2024

You can sue the company and him personally. Allowing an attorney, like me, to evaluate, organize, send a demand and draft your conciliation complaint (up to $15,000) may be a wise investment. A well polished complaint will not only provide the judge a solid foundation to rule in your favor, but a... View More

1 Answer | Asked in Contracts for Texas on
Q: Can my friends dad take my motorcycle from me?

My friend purchased a motorcycle for me with the verbal agreement I would make payments to him. I have my bike. My friend was killed on the 4th of July. Can his dad take my bike? What can I do? My friend was the owner of a motorcycle shop and was going to put the title in the shops name till I... View More

John Michael Frick
John Michael Frick
answered on Jul 9, 2024

Ownership of a motor vehicle, including a motorcycle, is passed by signing and delivering the certificate of title over to the new owner. This is commonly known. If the title to the motorcycle is in your deceased friend's name, it passes to his heirs either according to his Will (if he had... View More

1 Answer | Asked in Contracts and Employment Law for New York on
Q: I work as an employee for a small tutoring company. I am looking to resign and have questions about the contract.

My current contract is for a tutor as an employee. In my current contract, these are the only two provisions related to client payment and referrals:

Tutor agrees to accept no direct payment from clients (current and past) introduced by (company name) . All payments from clients will be... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 8, 2024

At the threshold, interpretation of contracts and their associated non-compete clauses requires a detailed analysis of the document, focusing on its language, its intended purposes, and its compliance with background law and public policy. It is really not possible to advise on the effect of a... View More

2 Answers | Asked in Contracts, Admiralty / Maritime and Cannabis & Marijuana Law for Tennessee on
Q: Was banned from a cruise line for making a YouTube video about Marijuana smoking onboard. Was never caught.

Someone saw the video and reported it to the cruise lines. And I was banned for life. Not for getting caught for smoking weed. Banned because of a video of me smoking onboard. Can I sue?

Tim Akpinar
Tim Akpinar
answered on Jul 9, 2024

They'll do that. The short answer is that cruise lines have a no-marijuana policy. It's possible the video was flagged as a violation of policies, and that it could be used as evidence in subsequent proceedings if it appeared on social media or other public forums. Good luck

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1 Answer | Asked in Contracts for Florida on
Q: Bought a piece of heavy equipment that will not run can't be used any recourse, will insurance pay
Tim Akpinar
Tim Akpinar
answered on Jul 6, 2024

A Florida attorney could advise best, but your question remains open for two weeks. It could depend on your contract and the type of insurance. If the deal was done "as is" and the insurance is limited to basic liability and physical damage, then probably not. If it was a repair-type... View More

2 Answers | Asked in Civil Litigation, Contracts and Employment Law for California on
Q: Can I sue someone if feel he brech contract on a settlement that both parties breached
Tim Akpinar
Tim Akpinar
answered on Jul 6, 2024

If you're not a party to the contract, and don't have a stake in the matter, then the answer could be "no." The court could determine that you don't have standing to sue.

But since you're asking this question, it's a safe bet that you are a party to the...
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1 Answer | Asked in Real Estate Law and Contracts for Texas on
Q: Can someone demand past house pymts over a year later, without sending notice of late pymt EVER?

We are purchasing an owner financed home for $27,000 6% interest,15 year. We bought it 2012, the man we are purchasing from, is now in assisted living, & son has taken over businesses, we found out we haven't had insurance for over a year (that we paid for) so son starts looking into... View More

John Michael Frick
John Michael Frick
answered on Jul 3, 2024

Yes. The statute of limitations for breach of contract is four years. As a condition precedent to collecting attorney fees in a suit for breach of contract, he is required to make a written demand for payment at least thirty days before bringing suit. If you pay the demand within thirty days,... View More

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Banking for Texas on
Q: I am one day away from closing on a home, but underwriter denied the loan .how can i get my earnest money deposit back ?
John Michael Frick
John Michael Frick
answered on Jul 2, 2024

If your earnest money contract included the standard Third Party Financing Addendum and the box at the top of section 2 A is checked, obtaining Buyer Approval by the financing entity was a condition precedent and you are entitled to give notice within the days specified in that section terminating... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Civil Rights for California on
Q: does the following count as an eviction notice.

“ You are not a tenant at the apartment. It’s not my apartment I do not live there and you stayin there is not allowed. I am not a tenant and you are not one either there was no rental agreement between us and you are in MY apartment against my wishes. This is an unlawful occupation of my... View More

James L. Arrasmith
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answered on Jul 1, 2024

Based on the information provided, there are several important points to consider:

1. Tenancy status:

Despite not having a written lease agreement, you may still be considered a tenant under California law. If you've been living in the apartment for over 6 months and paying...
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1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for California on
Q: Security deposit dispute.

Landlord is charging me for a new stove when it's operable, but has scratches from normal use. They said their repair guy says it needs to be replaced because it's a fire hazard, but no proof. Their explanation was the finish being damaged and the burners being grease. All issues can be... View More

James L. Arrasmith
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answered on Jun 30, 2024

Based on the information provided, there are several aspects to consider in this security deposit dispute:

1. Normal wear and tear: In California, landlords cannot charge tenants for normal wear and tear. Scratches from normal use on a stove that's at least a few years old would likely...
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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Landlord - Tenant for California on
Q: ABC revoked my evicted tenants license to sell indefinitely. Tenants transfers license to a person who doesn’t lease.

All of this was done with out my consent they were open and selling illegally this weekend. Sheriff refused to help me. Rent past due since May 2024.

James L. Arrasmith
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answered on Jun 30, 2024

I understand you're dealing with a complex legal situation involving evicted tenants, licensing issues, and overdue rent. Let me break down the key points and provide some general guidance.

1. Eviction status: You mention "evicted tenants," but it's not clear if the...
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1 Answer | Asked in Contracts, Family Law, Internet Law and Juvenile Law on
Q: A guy made a deal with a 15 year old over instagram. The 15 year now wants out, guy claims he will sue. Can he do this?

A guy contacted my cousin who’s only 15 a few month ago and wanted to buy his Spotify account for some reason. He offered him 300$ and he said yes and handed out his password. When I found out about this I felt it was wrong and told my cousin to get out of the deal. 

He wrote the guy that he... View More

James L. Arrasmith
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answered on Jun 29, 2024

In this situation, it's highly unlikely that the person threatening to sue has any legal standing. Here are the key points to consider:

1. Minors and contracts: In most jurisdictions, minors (typically those under 18) cannot enter into legally binding contracts, with some exceptions....
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1 Answer | Asked in Contracts, Appeals / Appellate Law and Civil Litigation for California on
Q: Can we file pre-emptive opposition to Defendant's motion to stay judgement pending appeal?

We are pro per plaintiffs who were successful in obtaining a significant award in a civil unlimited case. Defendants were unsuccessful in post-trial motions, so they filed an appeal from judgement and another from post-trial order. Defendants are represented by a large and aggressive firm, who has... View More

James L. Arrasmith
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answered on Jun 29, 2024

Based on the information provided, here's my analysis of your situation:

1. Preemptive Opposition:

In general, it is possible to file a preemptive opposition to an anticipated motion. However, this is not a common practice and may not be the most effective strategy. Courts...
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1 Answer | Asked in Elder Law, Civil Litigation, Contracts and Gov & Administrative Law for California on
Q: I signed an agreement with the Masonic Homes at Covina by which they would take care of me until I die. I am 78.

In exchange, they get . 75% of my Social Security income. I developed mental problems in 2023 which were later diagnosed as vascular dementia due to bleeding in my brain. To make a long story shorter, I was plopped in Clearwater at Glendora, where I have lived for slightly over a year. There is... View More

James L. Arrasmith
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answered on Jun 29, 2024

Thank you for sharing your situation. This is a complex legal matter involving elder law, contracts, and medical issues. Here's an overview of the key points and some general guidance:

1. Breaking the covenant:

To break the agreement with Masonic Homes, you'll likely need...
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2 Answers | Asked in Real Estate Law, Tax Law and Contracts for California on
Q: Advice on Feasibility of a Lease-to-Own Agreement for Real Estate Investment

Hello,

I need advice on a potential lease-to-own arrangement. I invested in a person who can’t pay me back. He owns several properties but has low equity (around 25%). I’m considering renting the properties from him, making the mortgage payments directly to the bank, and taking... View More

James L. Arrasmith
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answered on Jun 29, 2024

Here's an overview of the key considerations for your proposed lease-to-own arrangement:

Legal feasibility:

This type of arrangement is generally legally possible in California, but would need to be carefully structured. You'd likely use a combination of a lease agreement...
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2 Answers | Asked in Real Estate Law, Tax Law and Contracts for California on
Q: Advice on Feasibility of a Lease-to-Own Agreement for Real Estate Investment

Hello,

I need advice on a potential lease-to-own arrangement. I invested in a person who can’t pay me back. He owns several properties but has low equity (around 25%). I’m considering renting the properties from him, making the mortgage payments directly to the bank, and taking... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 29, 2024

Thank you for your question!

You need an attorney to draft a lease agreement for you to protect your rights. If you are paying directly to the bank, you do not have to worry about the landlord's defaults.

You need to record the lease in the country recorder to protect your...
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1 Answer | Asked in Consumer Law and Contracts for California on
Q: Can auto dealership lie about the condition of a car and omit telling you about the required 30 day warranty

When purchasing a car at auto dealership, I asked if the car had any issues. I purchased the car with the understanding that it was a good car with no issues, it would last me a long time. Sales person mislead me to believe it was a deal and at the time signing contract he was involved with the... View More

James L. Arrasmith
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answered on Jun 29, 2024

This situation involves several potential legal issues related to consumer protection and auto sales. Here's an overview of the key points and potential legal considerations:

1. Misrepresentation of vehicle condition:

If the dealership knowingly misrepresented the condition of...
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1 Answer | Asked in Contracts for Texas on
Q: About 2 months ago my employer gave me a loan for $3500 for a dwn pymnt on a vehicle and. can she keep it if its finance

In the loan it mentioned if i quit or got fired that i would have to pay the loan immediately, i got fired and before i knew it. she went through my personal items and took my keys. when it was time to leave she had my car in her possession. In the contract it did not mention my car as collateral.... View More

John Michael Frick
John Michael Frick
answered on Jun 28, 2024

No, your employer cannot keep the car. You should file an action in justice of the peace court for replevin to get a court order to get your car back. Expect your employer to countersue for a judgment for the balance you owe to your employer for the loan given to you. Because your contract does... View More

1 Answer | Asked in Contracts, Business Law and Construction Law for California on
Q: Can I do a job under my employees contractors licenses

I have a small repair shop. I have a job that is needing be done outside of my repair shop. The contractors license is necessary for the dollar amount. My employee is a licensed contractor but is working for me under my Workmen’s Comp.. Can I do the job under her contractors license, if she is... View More

James L. Arrasmith
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answered on Jun 27, 2024

1. Generally, a contractor's license is not transferable. You cannot simply "use" your employee's license for your business operations.

2. In California, the person or entity performing contracting work must hold the appropriate license. If your business is performing...
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