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1 Answer | Asked in Civil Litigation and Contracts for Florida on
Q: Do I have a case if I had to cancel my wedding contract location due to Covid-19 mandates and the owner will not refund

wedding location in safety harbor, florida was booked before covid-19. Contract states no refunds, but due to the pandemic and rules over 10 guest are not allowed in a vacation rental in pinellas county...... I was told I could use the credit within a year of scheduled event that would have taken... Read more »

Giselle Ayala Mateus
Giselle Ayala Mateus answered on Sep 25, 2020

The answer to this questions depends on what you want to do. On the one hand, if the contract clearly states that there would be no refunds in any circumstance, probably you cannot ask for a refund. However, if there is a force majeure clause or a similar clause making exception you could be able... Read more »

1 Answer | Asked in Contracts on
Q: Why advertisements for bilateral contract are invitation to treat?

Does it mean that the sellers do not have to the obligation to sell whatever on the advertisement?? If the seller sell something different from the product on the advertisement, can he be sued for misstatement??

Tim Akpinar
Tim Akpinar answered on Sep 25, 2020

It sounds like you might be a student. If that's the case, see if your textbook covers the issue of whether an advertisement is an offer. If it does not, you could find material on this issue online. If this is a real-life situation, more details would be necessary. Good luck

Tim Akpinar

1 Answer | Asked in Contracts for Ohio on
Q: purchased a house that has a lifetime waterproofing on basement. It leaks and the company won't return calls. Rights?
Joseph Jaap
Joseph Jaap answered on Sep 25, 2020

Determine if the warranty was transferable. Just because it was lifetime, that might have only been to the prior owner. It might not transfer to a subsequent purchaser. And even if it is transferable, there might have been some requirements to register and transfer the warranty. Pull out the... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: Three people purchased a home together. Two of three want use an agent to sell and third wants to sell by owner.

Does the third person need to agree to use the agent? This is a toxic living situation where all parties agree to go separate ways but one does not want to use a real estate agent.

Anthony M. Avery
Anthony M. Avery answered on Sep 24, 2020

If all tenants in common do not agree to sell property a certain way, then there is no sale. The possible sale price might make all three happy. But if no agreement, then any of them can file an Action for Partition. However the maximum sale price will probably not be realized by the Court.

1 Answer | Asked in Banking, Business Law, Contracts and Real Estate Law for Massachusetts on
Q: We have signed a P&S to sell a building in MA. The deposit check is in foreign currency. Can we void the contract?

The buyers declared residency as being CA, but have moved out of the country without disclosing that information to us. We're being told the check could take 6-8 weeks to clear. It has not been deposited. Their lawyer has not responded since we contacted them about the foreign bank/foreign currency.

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 24, 2020

You need counsel to review the terms of your offer and acceptance and purchase and sale agreement carefully. Don't do anything at all yourself in this situation without good representation.

1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: Iij am asking for an elderly friend. His land lord is terminating his lease.. but the tenant does not want this..

He has lived here over 20 years. I know the land lord is terminating this lease because he cant raise the rent to what he gets from new tenants.. he also has wants to make renovations on this apartment. Wich I understand. But does my friend have to be homeless because of the landlords needs

Joseph Jaap
Joseph Jaap answered on Sep 24, 2020

If the tenant's lease is not expiring, landlord cannot make him leave until the end of the lease term. But if the tenant's lease is expiring, then unless the lease gives tenant an automatic renewal or a right to renew, landlord is not under any obligation to renew or extend the lease... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: Lenders inspection

We have all in my building just received a notice they're doing a lender's inspection next Tuesday the notice States the tenant must stand outside while they're doing the inspection they cannot legally make me do that can they I'm not real happy about that and I do not have... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Sep 24, 2020

Look at your lease. Whatever rights the lender or owner may have to inspect would be included within the lease.

1 Answer | Asked in Consumer Law, Contracts, Libel & Slander and Medical Malpractice for Idaho on
Q: I would like to file a complaint against a judge

I believe my rights were violated judge would not take evidence into consideration

Kevin M Rogers
Kevin M Rogers answered on Sep 23, 2020

Without knowing a few things it would be difficult to give you proper guidance. I would like to know 1) what the evidence was that you tried to get in; 2) what the objection was to it's admission? 3) what point was the evidence sought to be introduced? Did the case make it to trial? Was... Read more »

1 Answer | Asked in Contracts and Banking for Michigan on
Q: Can a bank cancel my gap insurance because they mess up on my loan?

apparently they do not offer gap insurance on the type/length of loan we have. But we sign paperwork stating they will cover it 2 months ago.

Adam Alexander
Adam Alexander answered on Sep 23, 2020

There may be language in the GAP contract allowing them to back out. Obviously you should get your money back for the contract. If it was part of your finance contract, you may want to request a new breakdown of costs because the Truth in Lending Act requires them to provide perfectly accurate... Read more »

1 Answer | Asked in Contracts for Illinois on
Q: Lender stopped cashing my payments & no contact from them for 6 years. Is the contract still valid? Do I still owe?
Robert Shipley
Robert Shipley answered on Sep 23, 2020

I am presuming that the loan was documented by a written agreement. The terms of that agreement control. I do not know how long you have been sending payments which have not been cashed, but I would recommend that you review the agreement and if you do not have a copy, then contact the lender.... Read more »

1 Answer | Asked in Contracts for California on
Q: Complaint served on July 28th. Pro se Defendant attempted to file answer twice but denied because of procedural errors.

First procedural error was lack of proof of service. Second for lack of fees. Request for entry of default entered on August 28th after personal service. Defendant hires attorney on September 18 who demands dismissal of default. How probable is the defense to win on excusable neglect-given... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2020

Hmm, let me consult my crystal ball about the chance a Judge will decide in your favor. Eureka!! It says you have a very good chance of overturning the default based on public policy!!!! The best things in your favor are your two TIMELY failed attempts while in Pro per, and the fact that you... Read more »

1 Answer | Asked in Contracts for Puerto Rico on
Q: Is a contract legally binding if I signed it as an 18 year old in puerto rico?

I'm an American and staying in Puerto Rico right now. I'm 18 and I signed a contract here while in puerto rico. Is it legally binding? I was born in America and I do not have a Puerto Rican citenzship.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Sep 21, 2020

Hello and thank you for using Justia. We are all American citizens since anyone born in Puerto Rico is an American citizen.

In Puerto Rico, a person is considered as being under the age of adulthood until the age of twenty-one. Under age twenty-one you are a minor and thus donot have the...
Read more »

1 Answer | Asked in Contracts and Construction Law for Ohio on
Q: How long does a contractor have to hold his price, if the proposal was signed and accepted and no T&C's are on proposal?

I received a proposal on 07/28/20 for a pole barn to be built. Prior to the contractor ordering the material package, we had to obtain engineered drawings and a building permit per the contractors verbal instruction. I signed and accepted the proposal same day. Today, I received a revised quote... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 21, 2020

There is no specific law. If you don't agree to the increase, the contractor is unlikely to build your project. You could claim a breach of contract, select another contractor, and if the other contractor charges more for the same construction, you could sue the first contractor for the... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Missouri on
Q: I have signed a lease with a move-in date of 09/15/2020, however they did not conduct an inspection until 09/16/2020.

The landlord did not make sure that the property was deemed habitable before my move in date. They are now wanting me sign a revised move in date change lease and I refuse and want my money back.

Giselle Ayala Mateus
Giselle Ayala Mateus answered on Sep 20, 2020

It ua necessary to review the whole contract to know whether it can be rescinded. However, it is worth mentioning that the Covenant of Habitability is part of a lease agreement. You contact a housing attorney. Good luck!

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Missouri on
Q: Does an unsigned revised lease with modified move-in and move-out dates make the original lease null and void?

I was rushed into signing a 2 year lease agreement via docsign without seeing the property first (although I requested to see it and they ignored my request). After viewing the property, my child had an allergic reaction to the carpet and things were not in good standing at the property. Was not... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 20, 2020

You are in a bad position. The fact that you felt rushed and chose to sign without seeing the place is an explanation but is legally irrelevant. You chose to sign nonetheless. If you were not to pay rent and get sued then a court would likely find that the signed lease controls. You’ve raised... Read more »

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Foreclosure for Florida on
Q: Are you an attorney who has won foreclosure cases based on breaches of contract and fraud or know of someone who can .

My attorney has just notified me of his suspension and need to find new counsel. I have filed counterclaims and defenses with exhibits proving the new plaintiff is no a holder in due course. I have TILA violations, FDCPA violations , Breach of contrat including fraud in the inducement ,appriasal... Read more »

Sherri B. Simpson
Sherri B. Simpson answered on Sep 20, 2020

Although I handle those types of cases, I am not in Punta Gorda. Call Mark Dann at Dann Law 877-475-8100. If he cannot handle the case he should know someone who can. Or email mdann@dannlaw.com or intake at Dannlaw.com.

1 Answer | Asked in Personal Injury and Contracts for Arizona on
Q: Thousand dollars down to hold a truck and the guy died two days later and never made it back they won’t refund
Tim Akpinar
Tim Akpinar answered on Sep 19, 2020

Since your post remains open for a while, at this point you could consider checking with an Arizona attorney if this is something the person(s) appointed to handle the estate would handle - but if it was a matter of cash exchanged over a handshake, there might not be any record of it. Good luck... Read more »

1 Answer | Asked in Business Law and Contracts for New York on
Q: what is the law on Good Guy Clause on a commercial lease if staying beyond 09/30/2020 ,will i be personally liable

i have a store i am renting in Manhattan (footwear) i am there since 1991 i approach the landlord back in March stating that i cannot pay the rent due to COVID, we start negotiating with 2 months free rent , however in march we had the lock down, the told me that we will see what happen and they... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 18, 2020

It depends how your clause is written. As you defaulted before the PAUSE order in March, you do not get all of the COVID protections, including the voiding of guarantees like yours in NYC. You should continue to try to work something out. Once the courts start hearing cases again, my belief is... Read more »

1 Answer | Asked in Contracts for Hawaii on
Q: I work for a banquet facility. Is a drawn up banquet agreement legal and binding? Will it hold up in court?
Tim Akpinar
Tim Akpinar answered on Sep 17, 2020

A Hawaii attorney could advise best, but your question remains open for two weeks. As a GENERAL matter, if a contract is valid, it should be legal and binding. If it's a standard contract that has been used for years without being challenged and it contains the requirements of a valid... Read more »

1 Answer | Asked in Contracts, Criminal Law, Divorce and Legal Malpractice for Georgia on
Q: Is there an Law Firm that specializes in Void Judgement.??

I have a case that has many faces: active divorce Since 2016, proposed settlement presented July 8, 2016, final judgment on July 14, 2016, after mediation and consent order signed by judge Feb 9, 2016. My X bringing contempt charges for incurring debt on credit cards. It was mutual and nothing was... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Sep 17, 2020

You may want to call the state bar to inquire about an attorney that would specialize in this type of case. They maybe able to refer you to someone. -Homer P. Jordan IV, Esq. 404-620-1558

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