Lawyers, Answer Questions  & Get Points Log In
Georgia Contracts Questions & Answers
1 Answer | Asked in Civil Litigation, Real Estate Law and Contracts for Georgia on
Q: Is whether a business carries insurance public knowledge? Could I look this information up online?

I am looking for information on a home inspector / LLC owner.

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 25, 2023

A home inspector's insurance is not public information. Although you did not say why you're asking, if it's because you want to sue an inspector for failing to spot a problem (the typical reason), you should look to your agreement with the inspector and you'll probably notice... Read more »

1 Answer | Asked in Contracts and Construction Law for Georgia on
Q: I just recently bought a new house Dec 2022 still under warranty that has got construction defect - slab soaking water.

Garage concrete is soaking water most especially when it's rained. According to the repairer that came to fix the problem, there is a Crack on the slab causing the problem. Fix is to put a pump on the garage floor to evacuate the rain water. That's not acceptable to me to have to rely on... Read more »

Jonathan Avi Barash
Jonathan Avi Barash
answered on May 15, 2023

One thing I will tell you is the before you can bring a lawsuit for this defect you will need to go through the "Right to Repair Act" process which requires a specific kind of notice be send to the contractor/builder in a specific way. There is some information about the Right to Repair... Read more »

2 Answers | Asked in Business Law and Contracts for Georgia on
Q: Personal vs business name on a contract?

I am a physician independent contractor doing locum jobs. I have my own LLC. I am having a new part-time job, what name should I put in that locum contract? My name or the business LLC name? Does it matter? Can I simply use my name and have the LLC name put on the W9? Thanks

Jonathan Avi Barash
Jonathan Avi Barash
answered on May 15, 2023

People set up LLCs for various reasons, but primarily for tax reasons and to limit their personal liability. As far as the latter reason, while an LLC could limit your liability for business debts, it probably won't limit your liability for any malpractice claim as such claims are almost... Read more »

View More Answers

1 Answer | Asked in Contracts and Real Estate Law for Georgia on
Q: Earnest Money returned. My investor purchased a property and signed an Assignment Agreement

Thank you for any help. This contract was an assignment. Wholesaler 1 gave to Wholesaler 2. My understanding now, this contract was assigned to an Real estate agent, Agent Wholesaled to 1. Wholesaler 1 to 2. Investor purchased a property and signed a non refundable agreement sold as is.... Read more »

James Clifton
PREMIUM
James Clifton
answered on Apr 19, 2023

The simple answer is you file a lawsuit naming all of the parties - the original seller, wholesaler 1, wholesaler 2, and the real estate agent. One of the biggest issues with wholesaling is that it has severe issues with fraud. Oftentimes, there is a failure to disclose the property condition,... Read more »

1 Answer | Asked in Insurance Bad Faith and Contracts for Georgia on
Q: What type of lawyer do I need to look for for suing an insurance company that is not my own?

An Insurance company is refusing to reimburse me for a rental car that I used why my vehicle was being repaired after being involved in an accident that was caused by there insured driver. They have only reimbursed me about a third of what the total cost is and refuse to tell me why they wont... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 27, 2023

A Georgia attorney could advise best, but your question remains open for a week. An accident or civil litigation attorney should be able to handle something like this. As for the carrier's position on low reimbursement, additional information is needed. If they don't agree with you on the... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Georgia on
Q: If I'm under an at will lease and a diff company took over who's lease do I follow? Never seen new company lease
John Michael Frick
John Michael Frick
answered on Feb 10, 2023

You follow the lease you signed until you sign a new lease.

It is common for both residential and commercial properties to change ownership. Leases, security deposits, etc are routinely assigned in such a sale. If you recorded your lease in the deed records before the sale, the new owner...
Read more »

2 Answers | Asked in Contracts and Personal Injury for Georgia on
Q: What code section covers un-disclosed principals ?
Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Jan 18, 2023

The code section that covers un-disclosed principals is OCGA) Section 10-2-318. This section states that an agent may act for a principal who is not disclosed and that the contract is enforceable by and against the undisclosed principal as if he had been disclosed. Hope this helps!

View More Answers

2 Answers | Asked in Contracts and Personal Injury for Georgia on
Q: What code section covers un-disclosed principals ?
Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Jan 18, 2023

In the state of Georgia, the code section that covers un-disclosed principals is found in the Official Code of Georgia Annotated (OCGA) Section 10-2-318. This section states that an agent may act for a principal who is not disclosed and that the contract is enforceable by and against the... Read more »

View More Answers

1 Answer | Asked in Consumer Law, Contracts, Estate Planning and Family Law for Georgia on
Q: I'm in Georgia. I am suing a large Bank as my FBO Trustee. The actual person was incompetent & milked account for 7 year

Refused to release a small portion 5 years ago for a house purchase. Psychological harm, then they invest the money and refused to honor my wishes to take profits and then set it aside for home purchase when the trust would expire 12/31/22. The amount in fees was about 40% of the start amount.... Read more »

John Michael Frick
John Michael Frick
answered on Dec 30, 2022

I am not a Georgia lawyer and you absolutely should consult a Georgia attorney with your situation. But, ordinarily, things like refusing to honor your wishes to release funds for the mortgage, etc. aren't good claims against a trustee by a beneficiary. A Settlor puts money into a trust for... Read more »

1 Answer | Asked in Contracts and Civil Litigation for Georgia on
Q: I am having difficulty receiving a refund that is owed from a previous auto ins policy.. is there anyone who can assist?

I am having difficulty receiving a refund that is owed from a previous auto ins policy.. is there anyone who can assist? The policy was cancel because I moved to a new state. I am owed a refund and I am yet to receive it, almost 3 months. I have been given a run around. I am wondering if there is... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 25, 2022

A Georgia attorney could advise best, but your question remains open for four weeks. Yes, there are attorneys who can help you - an experienced civil litigation attorney could handle something like this. But based on the size of the refund, you might be able to save money by handling the matter... Read more »

1 Answer | Asked in Contracts, Personal Injury and Legal Malpractice for Georgia on
Q: is there a time limit in Georgia for serving interrogatories?
Michael W. Horst
Michael W. Horst
answered on Sep 28, 2022

The Uniform Superior Court Rules, which apply in both Georgia state and superior courts, provides the answer. Specifically, Rule 5.1 provides that in order for a party to utilize the court's compulsory process to compel discovery, any desired discovery procedures, like interrogatories, must... Read more »

1 Answer | Asked in Contracts for Georgia on
Q: How strong is a verbal agreement with strong circumstantial evidence in Georgia?

Business acquired new name with only my name on it. Business account is in my name only. Partner started business two years ago but went in the red and I came in as an equal partner to save it. When I came in there was no assets or money in the business. The lease is in her name only for the... Read more »

Glenn M. Lyon
Glenn M. Lyon
answered on Sep 15, 2022

With a few exceptions that don't apply to your situation, oral agreements are as enforceable as written agreements. However, proving the existence of the agreement and its specific terms is the hard part. Whether you have a good chance of enforcing the agreement is a fact question that... Read more »

1 Answer | Asked in Contracts and Copyright for Georgia on
Q: I am an author and I am looking to sell licensing rights to my book. Is the first step to register the copyright?

And then once it is registered as a copyright would the next step be to draw up a contractual agreement with the person who wants to buy the license? Or is there a premade license that the person can buy?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 30, 2022

It would be prudent for an author to register the copyright in the unpublished work before offering it for publication.

Established publishers have their own forms of agreement to acquire the rights to publish books, with a variety of terms regarding how and when the author is compensated....
Read more »

1 Answer | Asked in Contracts for Georgia on
Q: Who is responsible for any damage ? And who’s home insurance will have to foot the bill ?

I rent a home and a tree fell onto a neighbors car (no negligence)but by natural causes as it was thunderstorms the previous days and that night. They also parked in front of my home but technically that side of the street is public parking also.

Tim Akpinar
Tim Akpinar
answered on Jul 25, 2022

A Georgia attorney could advise best, but your question remains open for a week. If the homeowner carrier determines the claim is valid, they could be the primary source of coverage. If they assert any defenses upon a closer investigation, the auto policy could be an option, depending on its scope... Read more »

Q: Can i get an attorney to sue a record label for copies of my catalog & portfolio without a copy of my contract?

Well i signed a distribution deal with the label 80/20% cut and i own all Masters and music i created for 5 albums to be distributed over 5 years 2014 . i only have given And released 4/5 before i lost contact with them _ them = the label . i have had head trauma after signing to where i forgot... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 21, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. You could continue to await a response, but there is a category here, Entertainment/Sports Law. You could try reposting and adding that as a category. There's no guarantee all posts are answered, but attorneys... Read more »

2 Answers | Asked in Contracts and Civil Litigation for Georgia on
Q: If a lawyer is fired by you and he puts lean on the case. Is the lean still good.

He was fired but the case still continued 9 months later is the lean still good.

Michael W. Horst
Michael W. Horst
answered on Apr 30, 2023

Yes. A valid attorney's lien survives indefinitely. In fact, the lien stays on a case until the lien is satisfied or removed by a judge. If you wish to learn further information about attorney liens in Georgia, please check out the applicable statute - O.C.G.A. 15-19-14.

View More Answers

1 Answer | Asked in Contracts and Divorce for Georgia on
Q: I was threatened n forced to sign over my rights do I have a case

Sam messin n fix yelled At me

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 27, 2023

You should speak directly with an attorney and provide them a detailed account of what transpired with regard to your parental rights. Then they can provide you with the best course of action and how they can assist you with getting the relief you are seeking.

1 Answer | Asked in Contracts, Family Law, Child Custody and Child Support for Georgia on
Q: Any lawyer available to write a new and detailed parenting plan? This with be a modification. Thank you.
Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 25, 2023

You will have to contact an attorney directly and speak with them. And I would explain to the attorney exactly what you are looking for, so they can determine if they are able to bill for simply writing a parenting plan for an ongoing case.

1 Answer | Asked in Consumer Law, Contracts, Employment Law and Workers' Compensation for Georgia on
Q: I currently have a 501c and want to add a LLC to it. What do I have to do?
Glenn M. Lyon
Glenn M. Lyon
answered on Apr 13, 2023

It depends on what you mean by "add the LLC." In many instances, having a non-profit own a for-profit entity is a bad idea and can lead to the non-profit losing its tax exempt status. Discuss with an attorney who deals with non-profits.

1 Answer | Asked in Contracts and Employment Law for Georgia on
Q: If a non-compete prohibits working for a client for 2 years, does it cover working as an independent contractor for one?

Georgia law applies; contract work involves helping the client finish writing documentation regarding the former employers software.

Glenn M. Lyon
Glenn M. Lyon
answered on Mar 23, 2023

It depends on the terms of the agreement. Most non-competes include competing as an employee and as a contractor, and in any other capacity.

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.