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1 Answer | Asked in Business Law, Construction Law, Contracts and Real Estate Law for Texas on
Q: We bought a mobile home on a 25 year contract, but it is not structurally what they told us it would be. Lawsuit?

Can a mobile home manufacturer sell me a house on false pretenses? The manufacturer told us on the phone with the sales person that all studs on the interior of the home would be on 6” centers. That’s not the case. There are 24” centers in the entire inside of the double wide mobile home.... View More

John Michael Frick
John Michael Frick
answered on Jan 2, 2025

Your rights will depend heavily on your sales contract, warranty, and other written documentation. It would be extremely unusual to be able to enforce a verbal conversation with a sales representative that substantially varies from the contents of those documents.

That being said, most...
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2 Answers | Asked in Consumer Law and Contracts for California on
Q: Purchased a preowned Rolex from an established jewelry store. However, I believe it’s not authentic. What are my rights?

They have a no exchange, no return policy. Yet, I’m locked into a payment plan for 3-5 years. What should I do?

Shawn R. Jackson
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answered on Jan 2, 2025

Well, your next steps would be [1] to review your receipt to see if there are any disclaimers or notices that indicate that the jewelry store was not making any claims to authenticate the watch as genuine ... [2] then to gather evidence to support your case that you had a reasonable belief that the... View More

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1 Answer | Asked in Contracts, Employment Law and Employment Discrimination for New York on
Q: Can my company stop me from moving?

I work remotely in healthcare. My company is based out of New York. I informed HR that I plan on moving outside of the state. I received a list of states which did not include the state that I intend to move to. In our remote worker agreement, it does say that we have to get permission from HR, but... View More

Joseph James Raetzer
Joseph James Raetzer
answered on Dec 30, 2024

I'm so sorry you're having this problem with your employer - moving is hard enough without the stress of employer pressures! From a straight contract law perspective, it's going to come down to what you agreed to in your employment contract. From your description, it seems like you... View More

2 Answers | Asked in Contracts and Business Law for Florida on
Q: when our dog died my wife wanted to create a charity in his memory.We filed an llc but after 5 years have done nothing.

the only thing we do is pay fees every year to maintain the company. what happens if we stop paying these fees? There is no income nonprofits no nothing.

Phillip William Gunthert
Phillip William Gunthert
answered on Dec 30, 2024

If you do not timely pay your annual fees and renewal the State of Florida will Administratively Dissolve your LLC.

Florida Statute 605.0714 addresses Administrative dissolution. You can also go to Sunbiz.org and you can file your Articles of Dissolution and pay a $25 fee and you can...
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3 Answers | Asked in Construction Law and Contracts for New York on
Q: contract signed on 6.24.2024 - still no luck with construction starting

hello!

i need some advice; i signed a contract with a construction company on 6/24/2024 and they haven’t started work yet. i keep getting told “next week” by the office manager but it always leads to excuses. i don’t know whether to ask for my $18,000 deposit back or if i have to... View More

Joseph James Raetzer
Joseph James Raetzer
answered on Dec 30, 2024

I'm so sorry they've strung you along for 6 months - unreasonable! Unless there is a definitive start date in the contract or allowance for delay (e.g., starting job is subject to some event/action taking place), then there doesn't seem to be intent to perform. Although there is no... View More

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1 Answer | Asked in Contracts and Insurance Bad Faith for Florida on
Q: In Florida, what steps must be taken for a private Lessor to repo a vehicle from Lessee, they are in contract with?

contract for a vehicle where a family member was the holder of the vehicle's loan, the bank held the title. he was a lessor and lived in SC, where the car was licensed and registered. The Lessee lives in FL and was making loan and insurance payments to the Lessor. The contract specifically... View More

Erik A. Perez
Erik A. Perez
answered on Dec 27, 2024

In Florida, a lessor can repossess a car without prior notice to the lessee, provided that the repossession is conducted without breaching the peace. According to Florida law, Lessor’s right to possession of goods., a lessor has the right to take possession of the goods after a default by the... View More

1 Answer | Asked in Contracts for Maryland on
Q: I am the only one on contract- if something happens to me does wife still have to pay upkeep bills?

wyndam says she does they have lied to me all the time

Mark Oakley
Mark Oakley
answered on Dec 27, 2024

Wyndam, as in the hotel? If her name is on the hotel registry as a guest in the room, then the hotel contract probably provides that she is personally liable for the room charges regardless of whether you are the only one who booked and paid for the room to begin with. That’s a matter of contract... View More

1 Answer | Asked in Tax Law, Consumer Law and Contracts for Washington on
Q: Can a car dealership demand more money after purchasing a car due to “tax miscalculations”?

Hi! I live in Washington state. I bought and shipped a car from Illinois, and they correctly charged me the Washington state taxes and fees for the car. I financed the car, which out the door cost $37.7k before any down payment. Now, about 2 weeks after buying the car, the dealership called me to... View More

Merry A Kogut
Merry A Kogut
answered on Dec 23, 2024

This situation raises important questions about contract law and your rights as a consumer in Washington State. Here’s an analysis:

Key Legal Considerations

Binding Contract:

The purchase agreement you signed with the dealership is a legally binding contract. It should...
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1 Answer | Asked in Contracts and Construction Law for Michigan on
Q: I paid a contractor to do my bathroom Dec 2 starting date still not being complete what can I do

I have a written contract

Thomas. R. Morris
Thomas. R. Morris
answered on Dec 23, 2024

The contractor may have breached the contract by failing to begin the project as promised, but the issue from the perspective of an attorney is whether enforcement of the contract in the courts is cost-effective. It is probably not cost effective. To threaten litigation might convince the... View More

3 Answers | Asked in Contracts, Copyright and Intellectual Property for Michigan on
Q: Can I sell hand painted reproductions of AI generated art on a platform claiming ownership via terms and conditions?

I understand AI generated art cannot be copyrighted, but a website allows users to generate art on their platform, but claims it cannot be used in certain circumstances. Can I reproduce those images in another medium without violating their terms and conditions

Alan Harrison
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answered on Dec 21, 2024

This is a really cool question. I won't paint you a definitive answer but I will sketch for you the lines of my initial impression.

AI "art" can't be copyright. → so making a derivative work won't infringe. → a transformative derivative work can be copyright...
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3 Answers | Asked in Contracts, Copyright and Intellectual Property for Michigan on
Q: Can I sell hand painted reproductions of AI generated art on a platform claiming ownership via terms and conditions?

I understand AI generated art cannot be copyrighted, but a website allows users to generate art on their platform, but claims it cannot be used in certain circumstances. Can I reproduce those images in another medium without violating their terms and conditions

Alan Harrison
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answered on Dec 21, 2024

… further note about T&Cs: these can establish rights in the website owner other than copyright, and if you violate the T&C then the website owner has to seek a remedy for breach of contract, which would require them to prove their damages from breach (rather than having the possibility... View More

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2 Answers | Asked in Contracts, Intellectual Property and Business Law for New York on
Q: I paid for services and they weren't rendered. What do I do?

I paid a publishing company in Oct 2023 and still haven't received my books. After tons of follow up emails every few months without many responses, it's now been 18 months since first communication and I am concerned I will not receive what I paid for. He must have responded a total of 4... View More

Joseph James Raetzer
Joseph James Raetzer
answered on Dec 30, 2024

I’m sorry you’re dealing with this frustrating situation - very unprofessional indeed! I suggest creating a paper trail by compiling a file containing all relevant documentation such as invoices, the contract (if any) and any correspondence including emails with attachments, letters and... View More

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1 Answer | Asked in Contracts, Family Law, Arbitration / Mediation Law and Child Custody for Nevada on
Q: Can the plaintiff ask for their case to be cleared or thrown out due to many inefficiencies and errors in Affidavit?

Meaning since the initial preliminary hearing petitions, depositions, and legally submitted documents that the court clerk allowed. Had the plaintiffs name incorrectly spelled for more then for almost 2 years. Also, the children in question that were twins, there birthdays were constantly... View More

Philip Spradling
Philip Spradling
answered on Dec 19, 2024

In theory, yes, you can file a motion to dismiss, perhaps for failure to state a claim or lack of jurisdiction over the parties due to errors in their names. You could also try a motion for summary judgment, showing that the pleadings are factually wrong.

But faced with the sort of...
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1 Answer | Asked in Contracts for Oregon on
Q: I signed a contract for ATM placement in my place of business. The contract says that it renews automatically after

the initial 5 year term. It has now gone thru its 2nd 5 year term and is currently in its 3rd five year term. I requested to terminate the contract. I was told that I could only terminate it with notification at the end of a five year term. I gave written notice recently. Do these contracts run in... View More

Jim Boness
Jim Boness pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 19, 2024

Contracts generally do not run in perpetuity, but they can control the manner and timeframe for termination. As long as the contract is legally binding, you would have to terminate in accordance with the terms of the agreement you signed.

If this contract is governed under the laws of...
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3 Answers | Asked in Business Formation, Business Law and Contracts for California on
Q: Business model legality and company formation?

I have a mobile app that shares sports betting predictions. there is no gambling in my mobile app. only predictions of the results of sports matches are shared only by me. users see these predictions as paid subscribers. for example the result of the LA lakers vs Boston Celtics NBA game, Boston... View More

Pavel Kolmogorov
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answered on Dec 19, 2024

The business model described, which involves sharing sports betting predictions and odds without facilitating actual betting or linking to gambling sites, may not fall under the definition of gambling in many jurisdictions. However, the legality can vary significantly by state.

In...
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2 Answers | Asked in Contracts, Collections, Divorce and Family Law for Georgia on
Q: A car has been awarded to my ex wife almost 2 years ago I have requested to have my name removed from the car

Multiple times and dealership has refused to remove me from the car what do I need to do because she has fallen behind on payments and now I'm getting collection calls

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 16, 2024

Only your wife can do this. You and she must sign the title over to just her, or however its done in Georgia post-divorce. That takes care of ownership. There's nothing anyone can do to take you off the loan, except your wife or you by paying it off. The divorce decree did not affect your... View More

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1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: What makes a cancellation fee unreasonable under Florida law? Is there a statute or case law that speaks to this?
Charles M.  Baron
Charles M. Baron
answered on Dec 11, 2024

Are you talking about a cancellation fee that the parties agreed to in a legally valid and legally executed contract or lease, with no factors rendering the making of the agreement itself a problem (such as a party being the victim of fraudulent inducement, or being subject to duress, or being... View More

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Contracts for New York on
Q: Can I do anything about an agent at my car insurance company lying about coverage?

When I renewed my car insurance policy, I was told that some optional add-ons were not optional and I had to accept. I found out a day later that she lied and it was not true. Now the company is saying it can be fixed by the agent but they're making it EXTREMELY difficult. I'm on my 6th... View More

Tim Akpinar
Tim Akpinar
answered on Dec 8, 2024

This looks like something that could be remedied without attorneys. You could try to continue to work with their customer service to get the options you want. If the first person you spoke with was inexperienced and provided incorrect information, it's possible you may have to pay whatever... View More

2 Answers | Asked in Contracts, Real Estate Law and Small Claims for California on
Q: Is an offer made via email binding, if a subsequent paper agreement was executed with a term omitted.

Landlord: Michael Just to clarify you agree to move out tomorrow 11/8/24 if I return your prorated rent for the remainder of the month, and your security deposit after inspection of the room (as explained in the rental agreement), and you will not pursue legal action. Is that correct.

Me:... View More

Jonathan Kintzele
Jonathan Kintzele pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2024

The subsequent agreement will govern, and you can likely be even more confident that this is the result by reviewing the subsequent agreement for an integration or "whole agreement" provision. This provision is likely to be in most formal agreements (this is more likely if attorneys... View More

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2 Answers | Asked in Contracts, Criminal Law, Family Law and Social Security for Rhode Island on
Q: Is it illegal if a parent 'legally' robbed their child of their inheritance left in a will by her father before death?

I've stumbled upon a case where my Grandmother was left her father's "Entire Estate." However, due to the court's findings, they denied her her right to any inheritance due to her being an "illegitimate child" born out of wedlock. Is it possible that she was... View More

Albin Moser
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answered on Dec 4, 2024

Those of us born out of wedlock can inherit pursuant to R.I. Gen. Laws § 33-1-8, a Rhode Island law that was first enacted in 1905. That 1905 law was probably enacted prior to the time of your great-grandfather's death, and would have prevented a finding that your grandmother could not... View More

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