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1 Answer | Asked in Consumer Law and Contracts for Maryland on
Q: are 2 year gym contracts legal in reston virgina
Scott Scherr
Scott Scherr answered on Mar 3, 2021

You should repost your question to Virginia lawyers since the contract was in Virginia. This was posted to Maryland attorneys.

1 Answer | Asked in Contracts, Business Law, Gov & Administrative Law and Government Contracts for California on
Q: My LLC got & spent $48k EIDL, but I'm now out of business & can't repay. If I dissolve b4 payment is due can I get out?

It's a business of one. The EIDL/SBA contract lists my LLC as the borrower but it's my name as the authorized signer and manager of the biz. Biz has no assets or collateral. If I close the biz can they come after me personally to repay EIDL? To get out of paying is there anything I must... Read more »

Julie King
Julie King answered on Mar 2, 2021

You cannot dissolve the LLC unless you can swear under penalty of perjury that it owes no debts. But the answer to your question will depend on the language in the loan documentation you signed. That is your contract. A lawyer would have to guess what your documents say in order to answer your... Read more »

1 Answer | Asked in Contracts on
Q: Your thougt about "A contract is what the law defines it to be and not what it is called by the contracting parties"
Tim Akpinar
Tim Akpinar answered on Mar 2, 2021

The law may define the limitations of contracts (in terms of legality or enforceability), but parties to a contract often define its scope or subject matter. In terms of what a contract is called, courts look at more fundamental attributes to determine whether a contract is valid or void. Good luck... Read more »

1 Answer | Asked in Contracts and Libel & Slander for Kentucky on
Q: if someone sells a home under false pretense can anything be done?

bought a house 60 days ago and since then have come to find we were lied to about everything from the roof to the floor...the house should be condemned instead. the roof leaks,the floor is missing in places and we have been told so what

Timothy Denison
Timothy Denison answered on Mar 1, 2021

Yes. But One would have to seen the contract for sale and closing documents to properly and thoroughly answer your question. However, you do have recourse.

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Utah on
Q: Is there anything, that if written in a residential lease agreement in Utah, is illegal and makes the lease void.

I’m trying to prove that the termination of my 12 year lease because i informed the landlord about a mold concern, was illegal because of landlord retaliation laws protecting tenants in Utah. They are now trying to sue us for a large sum of money that is exaggerated and fabricated. They have no... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Mar 1, 2021

There are many things that might be put in a lease but they can't be pursued in court because they are inappropriate. It would be a waste of time and energy to try to list them all here. You cannot be taught how to defend yourself in a short note like this. Having an attorney review your lease... Read more »

1 Answer | Asked in Appeals / Appellate Law, Consumer Law and Contracts for Florida on
Q: Can a denied motion have a second hearing without a motion for re-hearing after appeal?

Hi, I won an appeal on a default judgement case for my motion to set aside the default judgement, which was denied in the lower court. The appellate court remanded the case to the lower court for an evidentiary hearing. Recently the plaintiff has scheduled a hearing on my original motion to set... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 1, 2021

If it was remanded for an evidentiary hearing, it appears that the plaintiff properly scheduled a hearing. Be prepared at the hearing to offer evidence, as the appellate court ruled.

1 Answer | Asked in Contracts, Civil Rights, Landlord - Tenant and Libel & Slander for Missouri on
Q: What steps do I need to take to get deposit back

I can't relocate at this moment

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 28, 2021

You've not provided any facts so there's no way to determine whether you are entitled to a return of your security deposit. If you are looking to terminate your lease before the agreed-up term expires, then it is unrealistic to believe that your landlord will simple agree to a mutual... Read more »

1 Answer | Asked in Contracts and Small Claims for Pennsylvania on
Q: customer owes me $. Can I sell their product to make up money that is owed?

My company did work for a client. They refuse to pay their invoice. By accident one of their vendors sent me their merchandise. Can I sell that to recoup my losses?

Peter N. Munsing
Peter N. Munsing answered on Feb 28, 2021

No, that would be conversion, or theft. You can return the product or tell the customer and ask if he would like you to sell it and charge the proceeds against his account to you. And/or you can take him to small claims.

1 Answer | Asked in Construction Law and Contracts for Missouri on
Q: Can I go under contract on more than one house?

This is not a construction loan. We are buying the home from the builder once complete. We went under contract on a custom built home 7/4/2020 with completion 12/25/2020. We signed an amendment extension 01/04/2021 for it to be completed 4/30/2021. The house is just framed. So there’s no way it... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 28, 2021

You need to have an attorney read your contract to see if it provides an out. In general, a party to a valid contract may not simply change his or her mind. A house purchase is way too large a contract to guess as to your rights and remedies. It will cost you something to confer with a local... Read more »

2 Answers | Asked in Consumer Law, Contracts and Collections for Pennsylvania on
Q: Which statute of limitations applies to my debt?

I live in Pennsylvania. I believe PA follows whichever statute of limitations is shortest, is this true?

The personal loan was obtained from Best Egg, which is based in Delaware. But, the Original Creditor is listed as Cross River Bank (Marlette Funding, LLC). Cross River Bank is based in... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 28, 2021

it is often said by the courts that "the debt follows the debtor". in other words, to sue on the debt, a creditor must sue in the jurisdiction where the debtor can be found and served with process.

The PA statute of limitations is located in PA Statutes, ch. 55, Sec. 5525. I...
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1 Answer | Asked in Business Law, Contracts and Employment Law for Georgia on
Q: Noncompete enforceable? Sold my Georgia business, sale contract says Pennsylvania jurisdiction, 4 employees in GA now

Never did Bill of Sale, only an asset purchase agreement. They breached multiple items of the sale agreement. Have asset sale agreement and employment agreement with Buyer. They changed me from 20 hrs/week salaried manager to hourly worker as needed and haven’t given me any work in two weeks... Read more »

Paul C. Jensen Jr.
Paul C. Jensen Jr. answered on Feb 27, 2021

It depends. Both Georgia and Pennsylvania courts will enforce valid restrictive covenants. Generally, to be enforceable, non-compete agreements must be reasonable as to time, geography, and activities restricted. In addition, courts are generally more tolerant of broad restrictions in a non-compete... Read more »

1 Answer | Asked in Contracts and Banking for California on
Q: A sellers right to cancel within 10 days, what happens after if they want to cancel due to financing

I traded my vehicle to a dealership on 2/15/21 and I received a call from them yesterday 2/25/21 asking me if I could put more money down or get a co-signer. What happens if they call me today saying they could get financing since it is no longer within the 10 days?

Yelena Gurevich
Yelena Gurevich answered on Feb 26, 2021

Since they called you on 2.25.21 asking for more money, you will have a hard time proving they did not "cancel" within 10 days since 2.25 was day 10. At this stage, the dealer can ask for the car back and give you back anything you paid/ traded in, or the dealer can choose to become the... Read more »

1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: Contract law

On July 20, 2020 I signed a contract for windows for my home (around $7,000). On 9/10 I got an e-mail telling me the windows would be ready 10/29. It is now 2/26/21 and they tell me they will install on 3/29. On 2/11/21 I sent them an e-mail stating that as a commission salesperson the bottom... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 26, 2021

A lawyer would have to review the actual contract terms to determine if you have a right to cancel, whether their delay was a breach of contract or if the virus lockdown excuses the delay, or whether they failed to comply with all the required consumer protection notices and right of cancellation... Read more »

1 Answer | Asked in Contracts for Texas on
Q: Hello, Officers in a condominium association have refused to account for monies and to submit to an audit. Recourse?

There are 2 buildings in the association, 4 homes in each. There are different issues for each building although the owners of one building have taken control to their advantage. What has been recorded in minutes is now “lost” although I can substantiate what happened through emails and... Read more »

Teri A. Walter
Teri A. Walter answered on Feb 26, 2021

Yes. Elect new officers.

1 Answer | Asked in Civil Litigation, Construction Law and Contracts for Colorado on
Q: If a homeowner was getting a really great deal on upgrades to his home and he breached contract

Can the person that provided the service sue for market value of work completed in the home.

James Alan Greer
James Alan Greer answered on Feb 26, 2021

Question on remedy in light of an anticipatory breach of contract: So long as there was a valid and executed written contract, the remedy for the contractor is twofold:

(a) the value of the percentage of completed work as measured by the contract price (and not the so-called "market...
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2 Answers | Asked in Consumer Law, Contracts, Business Formation and Business Law for California on
Q: Is it legal for a company to charge me for not being enrolled in autopay? I'm being charged 7.50 a month, seems illegal.

The company is Sunrun and based out of Denver Co, I am in the state of Ca.

William John Light
William John Light answered on Feb 25, 2021

Under California law, an employer may lawfully deduct the following from an employee's wages:

1. Deductions that are required of the employer by federal or state law, such as income taxes or garnishments.

2. Deductions expressly authorized in writing by the employee to cover...
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1 Answer | Asked in Contracts and Civil Litigation for California on
Q: Need help to prepare civil discovery motions to compel on a Limited Scope basis.

I'm the plaintiff. The law firm for the defendants are jerking me around with BS objections and responses to discovery. I'm looking for a lawyer who can assist me on a Limited Scope basis to prepare high quality motions to compel discovery which are dead bang winners.

Please... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Feb 25, 2021

All real litigators know there is no such thing as a "dead bang winner" discovery motion. Generally, judges do not like these types of motions. The key to effective discovery is precise and clear drafting of the discovery, clear necessity for the particular discovery, and well-documented... Read more »

1 Answer | Asked in Business Law, Contracts, Real Estate Law and Land Use & Zoning for Florida on
Q: If a company donated land to build a library with a reverter clause in 1979, would it be void in 2021 based on this law?

A new library was built in a new location to replace the old one. Just curious to see what could happen to the old library since it has a reverter clause.

Charles M.  Baron
Charles M. Baron answered on Feb 25, 2021

You ask if it would be void "based on this law", without saying which law you are referring to. Did you leave something out, or did you mean to ask if there is any law that would void it out? I suggest you re-phrase.

4 Answers | Asked in Bankruptcy, Contracts, Copyright and Criminal Law for California on
Q: Can I use word "Minnie" in my brand title, brand logo. I only use "Minnie", not "Minnie Mouse", is it ok?

For example, my brand is: Pinky Minnie Couture or Destiny Minnie Arts ...

David Michael Lehr
David Michael Lehr answered on Feb 25, 2021

Not a criminal law question.

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1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Identity Theft for Texas on
Q: Who can I sue and how do I go about it?

A guy I know opened a joint account on an apartment in his and my name, I never lived in the apartment and never gave permission for my name to be used.

Tim Akpinar
Tim Akpinar answered on Feb 25, 2021

A Texas attorney could advise best, but your post remains open for three weeks. If you consulted with attorneys who handle civil litigation, they should be able to advise. They could also identify necessary measures to be taken, such as notifying banks and other financial institutions. Good luck... Read more »

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