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Georgia Contracts Questions & Answers
1 Answer | Asked in Contracts and Real Estate Law for Georgia on
Q: Can I sue the home seller of a home I purchased if they lied about having a permit on the disclosure agreement?

I purchased a home with a renovated kitchen that was not done correctly. The kitchen island is too big (about 2-3 times larger than a normal one) and it's causing the kitchen floor to sag and dip. There was no permit on file when I checked recently. However, the disclosure agreement the seller... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Oct 27, 2021

On any given day, any person can sue another person for any reason. That said, it says nothing about being successful in the lawsuit. You should meet with an attorney who can review your documents and ask additional questions. Only after that can you expect a viable response.

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Georgia on
Q: In state of georgia, is landlord required to give notice when lease is nearing expiration?
Glenn M. Lyon
Glenn M. Lyon answered on Oct 14, 2021

Not unless the lease requires it.

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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Legal Malpractice for Georgia on
Q: Is a cotingency fee contract a legally binding contract in georgia

Can a case be assigned to an attorney incorrectly in a law firm be terminated for that purpse alone

Cory D. Raines
Cory D. Raines answered on Oct 12, 2021

Contingency contracts are on of many contracts that are legally enforceable in the state of Georgia. They are often seen in personal injury law matters and many of these contracts allow either the client or attorney to terminate or withdraw, respectively. However, the client may owe that attorney... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Government Contracts and Personal Injury for Georgia on
Q: Workers compensation contract

I don't remember signing a workers compensation contract. And I didn't want to be under workers compensation. I got ran over by a garbage truck. One of the workers compensation clients must of came in and had me sign their contracts when I was at the hospital under the fluence when I was... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 2, 2021

A Georgia attorney could advise best, but your question remains open for four weeks. From the description that's posted, it isn't fully clear what you signed at the hospital while hooked up to IVs. But depending on the ownership of the truck and the circumstances of the accident,... Read more »

1 Answer | Asked in Contracts and Business Law for Georgia on
Q: Offer with CAVEAT tems Accept, Object, Reject or stand in total agreement...

Legal Notice Provided with a 11 day grace period with riders Offer Letter, Secured Prom Note/ Security Agreement , Note Purchase Agreement, Hold Harmless ..... Regulation D Filing with SEC 506(B) Transaction

Cory D. Raines
Cory D. Raines answered on Sep 23, 2021

Unfortunately, this is not a question and an adequate answer cannot be provided based on what is written and what is lacking. Provide more details and a legitimate question if you would like a response from one of the many qualified attorneys on Justia.

1 Answer | Asked in Contracts for Georgia on
Q: I am filing a suit against a paving contractor for work he did on my driveway.

He did not live up to the terms on the contract and refuses to fix the inferior job he did. I am filing a suit in small claims court for $14,985.00. His business address is his home address but the tax records show the property in his wife's name only. How would I go about putting a lien on... Read more »

Brennan R Block
Brennan R Block answered on Sep 21, 2021

Generally, you cannot simply place a lien on someone's property unless you are allowed to do so by state statute (i.e. by state law). A common state law that allows contractors to place a lien on their customers' property is the applicable state mechanics' lien law. That law... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Securities Law for Georgia on
Q: I have a levy on my house in Georgia by a person I have never entered into a contract with. Can I file a restraining

To prevent anymore interference on his part to make him stop interfering in my contract that he has already made a mess of. He was told in Dec2020 that he is not part of our real estate contract and not to attempt to speak on our buyers behalf. I do not know this person and he has now levied my... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Sep 5, 2021

Restraining him won't resolve the lien. Meet with an attorney to discuss the actual situation and allow the attorney to ask questions. Only in this way will you find a way through your problems.

1 Answer | Asked in Contracts, Divorce and Civil Rights for Georgia on
Q: Does a domestic partner have rights over a separated spouse if their name is on a mortgage title?

My domestic partner is a co-applicant on the mortgage loan

Homer P Jordan IV
Homer P Jordan IV answered on Sep 2, 2021

From what you wrote it sounds like the domestic partner’s name is on the title. Is that correct? If so, then they would have rights to the home. If you want clarification, consult with an attorney who can review the facts and provide you with guidance.

1 Answer | Asked in Consumer Law, Contracts and Insurance Bad Faith for Georgia on
Q: Is a carshield repair contract considered insurance in the state of Ga? If not does the state regulate them?

Ok. Apparently the question wasn't clear to some people. It isn't a question of is it auto insurance. If is a question of is that contract legally considered insurance against mechanical failures(I have heard the term "policy" used and they have "adjusters")? Also... Read more »

Cory D. Raines
Cory D. Raines answered on Aug 19, 2021

CarShield offers protection plans and warranties to their members and is not insurance. Their coverage extends to only to automobile repairs. Although having CarShield may be a good thing, it does not provide coverage for injuries damage caused by accidents. Therefore you should have insurance.... Read more »

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Georgia on
Q: Is it safe to rent or to a tenant due to COVID 19
Michael D. Birchmore
Michael D. Birchmore answered on Aug 18, 2021

Sorry. This is not a legal question. You'll have to figure this one out on your own.

1 Answer | Asked in Contracts, Employment Law and Business Law for Georgia on
Q: I owe my salon owner a lump sum that i signed and agreed to pay on august 1, but i don’t have the money yet. What to do?

My kids father and i split up so I’m moving to another city with my kids by force to live with my family. Which caused me a great setback.

Rhiannon Herbert
Rhiannon Herbert answered on Aug 3, 2021

You should reach out to the salon owner and explain your situation. If you can't pay the money owed in a lump sum, it may be possible to work out a payment plan where you pay in multiple installments.

1 Answer | Asked in Contracts for Georgia on
Q: My boyfriend was signed to a major recording label as a minor , to get his record deal money his parents had to sign off

On the contract because he was underaged. Now my boyfriend is 20 and would like the remainder of his money. His parents are moving his money from out his account so he can’t use it unless they give him permission. Is there any way for him to receive what he earned?

Cory D. Raines
Cory D. Raines answered on Jul 20, 2021

Great question. Since he was a minor at the time, his parents would have had to give their permission for him to be legally bound by the agreement. Additionally, they would most likely be the ones receiving any money from the agreement, with the understanding that once he becomes 18, that... Read more »

1 Answer | Asked in Adoption, Family Law, Contracts and Civil Rights for Georgia on
Q: What can we do about our Post Adoption Contact Agreement?

I’m a birth father that placed my daughter for adoption along with the birth mother. We signed a Post Adoption Contact Agreement thinking it would keep us in touch with our daughter through the adoptive parents. I recently learned that they never signed an agreement and therefore don’t have to... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jun 22, 2021

Did you work with an attorney? You should give your attorney a call to get to the bottom of this and why if this is what you wanted how it was overlooked. If you don’t want to work with the same attorney you can consult with another attorney who can review the facts of the case to determine if... Read more »

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Georgia on
Q: I recently just signed a lease and I called them and they said I had to pay the full rent or find someone to replace me

What do I do ??? I really don’t feel prepared to move in I didn’t really think it through and this is a student apt

Michael D. Birchmore
Michael D. Birchmore answered on Jun 7, 2021

Well, if you are an adult and you signed the lease, you are likely to be bound to it. The LL is simply trying to collect the rent for the apartment. It can be from your or someone else.

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Georgia on
Q: I signed a partnership agreement to start a new company. How do I back out before it gets started?

I signed a agreement to start a company. Nothing has been filed/registered/, the business does not yet exist. How do I back out of the agreement? I no longer have the financial assets to start one. My “partner” claims he signed the agreement thinking it was an already existing company. However... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 3, 2021

Honestly? Anytime a person engages in drafting their own legal documents without the aid of an experienced attorney, that person has made a mistake. You should meet with a business attorney now to see what, if anything, you are now facing that will be harmful to you and whether it can be... Read more »

1 Answer | Asked in Real Estate Law, Contracts, Products Liability and Insurance Defense for Georgia on
Q: I had all my water lines replaced about 10 months ago. I had a leak that ruined my floor. Am I liable or is the company

They replaced my pipes about 10 months ago and said they couldn't get to one area, so they just tied into the existing pipe. I discovered a leak about a week ago and they came to fix the problem yesterday. The fitting from where they connected to the old pipe burst and caused water damage and... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Apr 19, 2021

No way to know online and without an inspection. However, it would seem that the problem was the pressure brought in by the new line was too much for the old line to handle. Professionals should know this. Yet, it appears that you knew about it and gave your consent to proceed.

Bottom...
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1 Answer | Asked in Civil Litigation and Contracts for Georgia on
Q: I own a horse and my barn made a lease contract on her and I never saw or signed a contract, do I have to comply?

I was talking to the manager about leasing my horse. She said she’d be happy to help me out. All the sudden I go to the barn and I’m told I can’t do anything with my horse because she is leased on a contract I’ve never signed or read. She is also making money off this contract which I feel... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Apr 5, 2021

Meet with a contracts/business law attorney and show the contract there. We really cannot provide dependable information to you when we have not read the agreement's terms.

1 Answer | Asked in Contracts, Estate Planning, Civil Litigation and Probate for Georgia on
Q: My fiance died. We lived in the home together but his mother is cosigner. She stole our bed and won't let me have it.

What do I do to get it back? He died in that bed with me.

Homer P Jordan IV
Homer P Jordan IV answered on Mar 15, 2021

My condolences regarding your fiancé passing. You may want to try asking her nicely if you can have it simply because it has sentimental value to you.

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 »

2 Answers | Asked in Family Law and Contracts for Georgia on
Q: If hubby and wife buy a house while they are married and he signs a paper that says if we ever get a divorce wife keeps

The House will that be legit and stand in court for wife to keep the house? Will the paperwork need to be notarized for the court to consider it? Will it even be considered or granted?

Homer P Jordan IV
Homer P Jordan IV answered on Feb 9, 2021

If they are married and buying a house together then it should likely be considered marital asset and the court would split it, along with the other assets. If you want a prenuptial type of agreement regarding the house, or anything else, you should consult with an attorney who can help you with... Read more »

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