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Alabama Contracts Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Criminal Law for Alabama on
Q: Is this grounds for dismissal

Timestamp on video is different from what police says when crime was committed. Reports show Feb 2nd 2016 a control buy was made. Video shows it was 9/26/2009.

Sheila Crumley Field
Sheila Crumley Field answered on Oct 24, 2020

No. If they have the confidential informant there to testify to the actual date it happened and also the police officers, then it will not matter what the time stamp on the video says.

1 Answer | Asked in Contracts for Alabama on
Q: If a seller of a home has signed a contract with a buyer, can the seller back out of the deal ?

The seller is 70 yrs. old and on disability and is not able to move. I know he should have thought about this before signing the contract, but he didn't.

Tim Akpinar
Tim Akpinar answered on Sep 1, 2020

An Alabama attorney could answer best, but your question remains open for three weeks. As a general premise of contract law, such a contingency doesn't generally provide an out. I'm sorry for this sad situation. Maybe review by an Alabama real estate attorney (if one is not already... Read more »

1 Answer | Asked in Business Law, Contracts and Real Estate Law for Alabama on
Q: Is it possible to have someone on my behalf to sign real estate or legal documents for a Realestate transaction?

I want to start an LLC, as an absentee landlord & investor, I wan to employ a contractor whom will inspect my potential properties and sign purchase agreements, as well as other important documents for the procurement of properties. Is this legal to do in Alabama?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jun 16, 2020

Possible and very easy. Just execute a special power of attorney empowering the person whom you want to sign documents to do just that. Be careful and make sure it is properly drafted.

1 Answer | Asked in Contracts for Alabama on
Q: My aunt says she used wrong deed in signing of the property over to me. She used old deed. Is this still a legal bond?

She is now saying that she used the wrong deed bc she and her late husband had resurveyed the property. So will the property be in my name or still in hers. It was also filed in the courthouse of the same county. It was also a quitclaim deed.

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jun 12, 2020

A real estate attorney can review the quitclaim deed and make sure that the appropriate language to effectuate the transfer was used and the it was correctly filed. From what you are stating in your question it seems the difference between the "ol" deed used and a new one would be the... Read more »

2 Answers | Asked in Contracts and Criminal Law for Alabama on
Q: Once you have paid for the pretrial intervention program in full, do you still have to report to your probation officer

Once above program is paid will I only have to pay restitution? Or will I have to continue paying the monthly supervision fee, and drug screening fee?

Travis T Juneau
Travis T Juneau answered on Jun 1, 2020

Yes, you still need to report to the probation officer you are assigned to and continue to drug screen as well as comply with the all the other aspects of the program until you graduate the program and are told by the court that you are done.

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1 Answer | Asked in Consumer Law, Contracts and Small Claims for Alabama on
Q: Is it legal for a loan company to do a hard pull on my credit to see if I am making other payments without my consent
Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 9, 2020

check if you signed anything that would allow them to do that.

the application may have included an authorization to do that.

1 Answer | Asked in Contracts for Alabama on
Q: Is there at statue of limitations on statute 13a-8-142 in alabama
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 27, 2020

This statute deals only with the notice requirement to perfect a demand to return. I think you are asking if there is a statute of limitation on theft. That would depend on the value of the items. Try your questions again and give some facts so someone can answer.

1 Answer | Asked in Banking, Contracts and Probate for Alabama on
Q: Question about obligations as a seller in a contract for deed

I am the Executor of my fathers estate and he was the seller in a contract for deed. The 5 year contract has come to an end and the buyers bank is requesting me to fill out a Verification of Mortgage. The buyers bank told me without the VOM the underwriter will not give the buyer the loan.... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 16, 2020

You wrote "I've been advised by counsel." You are represented by a lawyer. Listen to her or him.

1 Answer | Asked in Banking and Contracts for Alabama on
Q: I am the seller in a contract for deed, am I required to fill out a Verification of Mortgage?

I am the Executor of my fathers estate and he signed a contract for deed 1.5 years before he died. The 5 year contract has come to an end and the buyers bank is requesting me to fill out a VOM. The buyers bank told me without the VOM the underwriter will not give the buyer the loan. I've read... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 14, 2020

Required by whom? What is a "Verification of Mortgage" Probably, you have entered into a contract for deed (which is a lot tricker that you might think). Does the contract for deed violate the terms of any existing mortgage on the property? Will the "contract for deed" make the... Read more »

2 Answers | Asked in Contracts and Estate Planning for Alabama on
Q: I am my brother's legal guardian. He relies on Medicare to pay his nursing home. He was omitted from Dad's will.

If he receives any money Medicare will take his benefits away. Dad died without taking brother's name off insurance as beneficiary. I can disclaim his insurance benefit, but what happens to his benefit if I do? How long is any disclaimer in effect? What can I do to prevent Medicare from... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 12, 2020

You probably mean Medicaid not Medicare. The disclaimer would be considered an uncompensated transfer and your brother willl incur a penalty period. There are better ways to handle this. Consult with an elder law attorney in your area. Most likely you will be looking at a strategy that combines... Read more »

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1 Answer | Asked in Contracts, Criminal Law and Civil Litigation for Alabama on
Q: What recourses do I have?

I had a written signed contract for specific items in exchange for yard work w/ time frames for completion. Instead of doing work, they took the items, broke into the property, took additional items destroying/damaging others. Amount taken is upwards of 60k including vehicle, major appliances,... Read more »

Kyle D Pierce
Kyle D Pierce answered on Feb 20, 2020

A contract would’nt have anything to do with the criminal case. You likely have a civil action for breach of contract too.

2 Answers | Asked in Bankruptcy, Contracts and Real Estate Law for Alabama on
Q: commercial in AL with owner finance. Buyer stopped paying after 2 years and filed for bankruptcy. What can the seller do

Commercial property in ALABAMA was sold in 2017 with owner financing with 30% down and 7 years of monthly payments at 6%. The contract was recorded in court house as a lien. The buyer (LLC) with personal guarantee paid on time for 2 years and now filed for bankruptcy (both LLC and personal).... Read more »

Timothy Denison
Timothy Denison answered on Nov 24, 2019

You can take the property back and sell it to someone else. You have no recourse against the bankrupt buyer unless the bankruptcy isn’t discharged.

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1 Answer | Asked in Banking and Contracts for Alabama on
Q: I am in the process of purchasing a home and am the only one on the mortgage. My wife doesn't have an ID. Can we close?

A

Amanda B Cook
Amanda B Cook answered on Nov 4, 2019

You should ask this question of your financial institution and your closing attorney's office. There is usually an affidavit which the bank requires the closing attorney to sign that states the attorney or closing agent has asked all parties to prove themselves by identification. Whether or... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for Alabama on
Q: Can a LL sell my merchandise and re-lease the commercial property to another buyer during the eviction process?

I am in the midst of eviction proceedings on a commercial property. Prior to the finalization of the eviction process, the LL has re-leased the property and as part of the lease, given to the new lessor my merchandise (over $250,000 worth), and moved them into the store property. I am currently... Read more »

Amanda B Cook
Amanda B Cook answered on Oct 30, 2019

The short answer is that it depends on what your lease allows and how much you owe the landlord. If this is going to lose you more money than allowed under the lease, then you should bring this immediately to the attention of the Court. I strongly recommend that you hire an attorney to represent... Read more »

2 Answers | Asked in Civil Litigation, Consumer Law and Contracts for Alabama on
Q: What does it mean when a creditor leaves you a message that the account is pending litigation?

I recently found out that several accounts (signature loans, credit cards) have not been paid by my (now ex) finance. Bankruptcy appears to be my only option. However, I am having to come up with the money to pay an atty.

Is litigation the same as a lawsuit? Can this turn into a... Read more »

P. Vaughan Russell Jr.
P. Vaughan Russell Jr. answered on Sep 13, 2019

Yes, litigation is another term for a lawsuit. If collection actions have been filed against you, then you will have been served with paper legal documents: a Summons and Complaint, either by certified mail or process server/sheriff. This is required for any lawsuit to move forward. Telephone... Read more »

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2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Real Estate Law for Alabama on
Q: Landlord changed locks on a commercial property I've leased till 2020 without notice. Should I call locksmith to get in?

The commercial property is leased in Montgomery .The contract states that it's for two years ending in 2020. A week ago today the landlord and I had a disagreement about a sublease she wanted to add to the contract already signed .The sublease states I give up half of the property leased to... Read more »

Gary Kollin
Gary Kollin answered on Jul 30, 2019

How can any attorney on here answer the question without reviewing the lease, the payments and all other issues.

Did you call landlord?

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1 Answer | Asked in Contracts and Real Estate Law for Alabama on
Q: Can I sign a lease if I have power of attorney?

This is on the power of attorney that I have... does this mean I can sign the lease?

This is in Madison, AL

(3) provide living quarters for the individuals described in paragraph (1) by:

(A) purchase, lease, or other contract; or

(B) paying the operating costs,... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 30, 2019

Yes.

2 Answers | Asked in Civil Litigation, Contracts, Mergers & Acquisitions and Municipal Law for Alabama on
Q: Need a lawyer to represent public library?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 29, 2019

"Public" libraries are usually represented by a lawyer that works for the city or county that owns the library.

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1 Answer | Asked in Business Formation and Contracts for Alabama on
Q: A contractor completed a roof job; however lied about being licensed and bonded now I don’t have a warranty on my roof.

What can I do about this situation?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 25, 2019

Not a thing--except to sue the unlicensed roofer. But before you start a very expensive legal war that will not fix the problem, why not wait for the rains to come and see if the roof works like they are supposed to. Consider this fact:

The quality of any roof is not dependent upon whether...
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1 Answer | Asked in Civil Litigation and Contracts for Alabama on
Q: Does the state of Alabama allow for the exclusion or limitation of incidental or consequential damages ?

I ask as this pertains to a "lifetime warranty" on a brand of paint that has malfunctioned less that 3 years after application. Can I hold the paint manufacturer responsible for labor costs, etc ? Not just the replacement of paint ? Thank You.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 18, 2019

No--not unless the written warranty expressly says you can. Why?

Because the paint manufacturer cannot possible be responsible--or able--to refund untold amounts of money spent for labor to thousands of unhappy paint customer like you.

You might want to call the painter(s) and...
Read more »

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