Lawyers, Answer Questions  & Get Points Log In

Contracts Questions & Answers

1 Answer | Asked in Contracts for Montana on

Q: Signing a contract as a company rather than a person

Our company is attempting to obtain services of a temporary employment agency. The bottom of the credit application states that the signer agrees that they are liable to pay and that any negative recourse follows the signer. We have no issue paying for the service, but we would prefer to sign as... Read more »

Bruce Alexander Minnick answered on Aug 24, 2019

You can do whatever you want to do; however, the lender you are working with does not have to loan money to a corporation.

1 Answer | Asked in Contracts, Copyright, Civil Litigation and Communications Law for Nevada on

Q: Is it illegal to post an ad on a dating app of an ex saying this person uses drugs and lies to manipulate people.

The photo from that person’s dating profile would be used in this hypothetical. The statements are true.

Bruce Alexander Minnick answered on Aug 24, 2019

Yes, it is illegal--at least in the sense of possibly being defamatory, which is actionable in most if not all states. However, truth is usually an absolute defense in most if not all states too. Practically speaking, no lawyer would ever advise any client to go online in a public forum to do what... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Arkansas on

Q: What are my options about finding out a place has termite damage when the contract says it doesn't.

Bought a house and closed last Friday. Started renovating the master bath and found extensive termite damge and plain as day visible signs that they had termites. It's obvious someone knew about this issue at some point becaust they had the house treated and the termites aren't in the house... Read more »

Bruce Alexander Minnick answered on Aug 24, 2019

Although I have not had a chance to review all the documents involved in the purchase and sale referred too it appears to me that you may be miss-interpreting the contract with respect to the existence--vel non--of termites. Unless the

contract(s) specifically say there is no termite...
Read more »

1 Answer | Asked in Contracts and Real Estate Law for Florida on

Q: Does a management agreement for a Condominium has to be in writing?

I live in a Florida Condominium Association (+300 units and +$1 million budget) under the authority of Fla. Sta. 718. Does a contract entered between the Association and the Management Company (CAM) have to be in writing?

Bruce Alexander Minnick answered on Aug 24, 2019

No, not legally--but if I was the association's part-time lawyer I would strongly advise the HOA not ever to hire any person or corporation to perform any of the regulated activities incumbent upon them as a CAM. All the written CAM agreements I have prepared for Condo associations and HOAs all... Read more »

1 Answer | Asked in Banking, Contracts, Libel & Slander and Personal Injury for Mississippi on

Q: Hello, I am considering pursuit of any money delagated to lamar county residents for compensation of the salmon and re

Ated projects. The cancer rate, effects on soil, water, animals, and children.

Tim Akpinar answered on Aug 23, 2019

As a starting point, you could contact an environmental attorney or toxic tort attorney in Mississippi and ask if they would give you a free initial consultation. Keep in mind that these types of cases could require considerable budgets. They can involve costly soil and water sampling and analysis... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Maine on

Q: Rent to own contract question

Currently I'm the buyer in an owner finance agreement and have missed my August payment. This is the only payment I have missed. I informed the sellers that I would be making a late payment, including my late fees as soon as my check from my new job comes in on the 28th. The sellers then told me... Read more »

Fred Bopp III answered on Aug 22, 2019

Based on the facts as you have stated them, yes, if they start the eviction process before that 30 days + 7-day notice period is up, then they would be in breach of your contract.

View More Answers

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Business Law on

Q: question about dropshipping in canada

i run a drop shipping service in Canada and i cannot atm provide customers with the option of returning or exchanging items.

my question is this: can i legal disclaim this in my terms of service:

"We do not accept any item returns nor do we provide refunds. all exchanges are final.... Read more »

Peter N. Munsing answered on Aug 22, 2019

If it's legal in Canada you may, but it depends very likely on if it's consumer goods or trade goods. How would you have "exchanges" if you don't accept returns? If it's your business, it's worth having a qualified Canadian attorney who handles commercial shipping issues take a look at it.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Virginia on

Q: Can a company change the rules to a giveaway the day before the drawing?

I am having a difficult time finding a lawyer for this issue. I began playing at the new Rosie's locations since they opened in May, I started playing there when they launched a Giveaway for cash prizes and a car with a cash option if I did not want the car. I played their locations and accumulated... Read more »

F. Paul Maloof answered on Aug 22, 2019

I regret that I do not handle this type of matter. You may want to contact the Office of the Attorney General for Virginia and ask them your questions.

1 Answer | Asked in Contracts on

Q: Don’t most contracts have a three cancellation period?

I signed a contract on Monday with a weight loss center and paid a program fee of $99 and $100 for two bottles of supplements only to be told today when I called to cancel that because of the program I chose, I was not eligible for a refund? I did not open the supplements but they won’t take them... Read more »

Tim Akpinar answered on Aug 22, 2019

As a general rule, contracts become effective when they are signed by the parties. Some contracts do have cancellation provisions, but that isn't a universal "given" in all contracts. If you feel you suffered a legal injustice, you could look into small claims court, but unfortunately, not reading... Read more »

1 Answer | Asked in Contracts for Maryland on

Q: Will the buyer receive a deed or certificate of ownership upon final payment under the contract

Bruce Alexander Minnick answered on Aug 21, 2019

What kind of contract?

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Colorado on

Q: We live in a house and our lease expired and we’re assuming we were now on a month to month lease. We would like to know

How much time we have to give our landlord before we can move out? Our lease says nothing about what happens at the end of the lease or if it expires. It also says nothing about a set amount of time we need to give her before we move out. It’s very barebones it seems.

James Newell answered on Aug 21, 2019

Assuming your rent was due every month (e.g., on the first day of each month) you would have a month-to-month tenancy following the expiration of the agreed upon lease term. Because nothing is mentioned in your lease regarding notice, the default rule is that you may terminate your tenancy by... Read more »

1 Answer | Asked in Bankruptcy, Civil Litigation, Contracts and Real Estate Law for Texas on

Q: Ex-boyfriend filing bankruptcy, will it affect me when we have a notarized promissory note?

I am a co-owner of my house (that my parents paid for) with my ex-boyfriend and we are separated because he had an affair. Both of our names are on the deedWe both had an agreement about things after he left the house. We have a co-signed home equity loan of about

Timothy Denison answered on Aug 20, 2019

Unless his name is on the deed, he has no claim to the property. He will likely be released from the promissory note on the house, but as long as you make the payment, nothing should happen to you.

1 Answer | Asked in Contracts and Civil Litigation for Florida on

Q: Can an ex-fiancé Be responsible to continue to pay for an obligation that he agreed upon in a relationship?

He committed to pay for an above ground pool knowing I couldn’t afford it. I have text messages of him saying he will pay 100% prior to the break up. I also have the direct deposits for the pool payment. Now that he left (while I was at work a month ago, no notice) I’m stuck with this payment I... Read more »

Charles M. Baron answered on Aug 20, 2019

All facts, communications, and writings (including the agreement with the pool company) would need to be examined to give reliable legal advice. Based on your brief description here, you appear to be in a situation in which you may or may not have legal recourse - and it's a situation that would... Read more »

2 Answers | Asked in Contracts for Florida on

Q: Is a broker required to present any and all offers to purchase a yacht to the seller client?

Charles M. Baron answered on Aug 19, 2019

Generally yes, but what the broker is obligated to do (and what he/she is liable for if an obligation is breached) should be set forth in the brokerage agreement. Most of his/her obligations are found there, rather than in the law. Research would have to be conducted to determine if there is a... Read more »

View More Answers

1 Answer | Asked in Contracts, Employment Law, Real Estate Law and Business Law for Virginia on

Q: My mother passed away willing her home to my brothers. The will was notarized, but no witness on it. Is the Will valid?

Tim Akpinar answered on Aug 18, 2019

I'm very sorry for your loss. Your question was probably overlooked all this time because it wasn't in the Probate or Estate Planning categories, where an attorney knowledgeable about wills might have seen it. 'Sorry for this inconvenience, but you could repost and include those categories, or you... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Missouri on

Q: We are renting a townhouse and the garage door won't stay closed. Can we terminate the lease?

Our garage door will open in the middle of the night on its own. It will also open while we are gone for the week/weekend and stay open for days at a time without us knowing. We have told our landlord of the issue 3 times in 2 months and it still isn't fixed. They had their maintenance person come... Read more »

Ronald J. Eisenberg answered on Aug 16, 2019

I should publish an article on this type of question because it comes up so often. I don’t mean the garage door issue but rather a tenant who is upset about the condition of the premises and wants to terminate the lease.

Here’s my answer.

1. If you and your landlord can...
Read more »

1 Answer | Asked in Contracts for Florida on

Q: I want to understand what the difference would be for my mother to sign limited POA to a trust for which she is the ..

.....beneficiary and I am a co-Trustee (she is not a Trustee) and her brother is the other co-trustee, versus signing limited POA over to just me? The limited POA would be to sell a condominium and handle the funds generated. This condo is in her name and she owned it before she married her current... Read more »

Terrence H Thorgaard answered on Aug 16, 2019

In general, if she gives the trustees a limited POA, the responsibility would probably be better spelled out via the trust documents as well as just the POA. And, of course, you and your brother would have to agree; that's more protection for her.

But she should really consult with an...
Read more »

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Intellectual Property for Oklahoma on

Q: Grantee filed fraudulent deed, when grantor was deceased & allotment was restricted under indian law, what can be done?

Nina Whitehurst answered on Aug 16, 2019

And attorney can help you file an action to quiet title.

3 Answers | Asked in Bankruptcy and Contracts for New Jersey on

Q: If there was a forclosure action shouldn't there be a writ of excution in the county records? also shouldn't we be serve

Served by them ? Then by the county sheriff?? I dont see it on there website for a sake. it has not been in paper for 4 weeks dont they have to do all those things before a sheriff sale, since NJ is judicial state? And back in 2017 doesnt our bankruptcy canceled out all there prior fillings..dont... Read more »

Michael David Siegel answered on Aug 16, 2019

Your question shows you know little about bankruptcy or foreclosure. Your lawyer should have explained it to you. If your sale has been noticed by posting a notice of sale and advertising it will go forward as noticed.

View More Answers

1 Answer | Asked in Contracts and Real Estate Law for West Virginia on

Q: How does a cash sale work on a for sale by owner home, selling AS IS?

I own a home in WV outright. I have it listed AS IS for sale by owner online and someone gave me a cash offer. I inherited the home and I have never bought or sold a house so I'm not sure how this works. What steps do I need to take to go through with the sale and how do I protect myself legally... Read more »

Bruce Alexander Minnick answered on Aug 16, 2019

The first step you take is to hire a lawyer to advise you before you screw up this deal for good.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.