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Idaho Contracts Questions & Answers
1 Answer | Asked in Contracts, Employment Law, Business Law and Collections for Idaho on
Q: I'm owed more than $5000 in the state of Idaho. How can I sue to collect it?

I need to collect about $20000 owed to me by an ex-employer in Idaho. I've all the paperwork and a determination from the Department of Labor saying they need to pay. The amount is too large for me to sue in small claims though - What are my alternatives? (Suing in magistrate court vs. hiring... Read more »

Kevin M Rogers
Kevin M Rogers answered on Mar 21, 2020

Hi here is some information for you.

Small claims would be the easiest but it has a maximum $5,000 limit. So you could either give up any money in excess of $5,000 so that you could use the ease of small claims OR,

You could use the District Court’s (Small Lawsuit) method. Idaho...
Read more »

1 Answer | Asked in Contracts and Real Estate Law for Idaho on
Q: I’m the seller of a commercial building and accepted an offer, but now I’m having a change of heart. Can I back out?

It’s in escrow but hasn’t closed yet. The change of heart came with a 100k higher offer.

Kevin M Rogers
Kevin M Rogers answered on Feb 26, 2020

Look for something in the escrow that you can claim is a "mistake in understanding" to void the contract. However, if everything: the "offer" and the "acceptance" of that offer, was done and documented properly, you're stuck and if you refused to sell,... Read more »

1 Answer | Asked in Business Law and Contracts for Idaho on
Q: I believe my parents business broker and buyer took advantage of my mom after my dad died.

Hi, while my parents were trying to sell their business my dad passed away and I believe my parents business broker and the buyer took advantage of my mom while she's was grieving. She signed the papers to sell two weeks ago the new owner took over but she still hasn't been paid. The new... Read more »

Kevin M Rogers
Kevin M Rogers answered on Feb 19, 2020

Possibly. Grieving is not a legal reason to avoid a contract. What you should do is gently question your mother and find out why she agreed to the terms the buyer offered? Was your mom represented by a realtor or attorney? Why weren’t you there to help her in the closing?

1 Answer | Asked in Contracts for Idaho on
Q: My sister is breaking our oral agreement of her paying me $500 per month for my home while I live in it. Threatening me

I'm extremely stressed out due to the threats of eviction, not paying me, and putting my home up for sale April 1st. I don't know what to do to stop her. Please help me!

Kevin M Rogers
Kevin M Rogers answered on Feb 7, 2020

Okay, if I understand what you're writing about, let me summarize: your sister owns a house and she's allowing you to live there? I don't know why she'd be paying YOU to live in HER house though? I will need a little bit more information. Can you provide that? Such as:... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Idaho on
Q: Do all lawyers who deal with real estate know and/or practice contract law?
Tim Akpinar
Tim Akpinar answered on Dec 27, 2019

Yes, for the most part, experienced real estate attorneys need to have a firm grasp of contract law. Handling real estate closings, drafting leases, and handling other property-related transactions heavily involve elements of contract law. Good luck

Tim Akpinar

1 Answer | Asked in Contracts and Employment Law for Idaho on
Q: I was terminated due to excessive tardiness one day after signing a contract for an advance on my future paydays

Can my employer withhold any of my final paycheck if I signed a contract expecting future paydays, and can I be terminated for excessive tardiness even though I reasonably expected to have an ongoing employment with the company that I have worked for almost 11 years.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 22, 2019

Unless you have an employment agreement--not just an agreement to repay advances--your termination is not unlawful. Why? Because Florida is an “at will” state, which means employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Idaho on
Q: Can I sue a storage company for giving me bedbugs?

I was storing my bed, couch, everything, for about 4 months and when I moved my stuff back into my apartment, I found out I had gotten bed bugs from them. Prior to them storing my belongings, I had paid the extra amount for “storage insurance” meaning if any of my belongings had become damaged... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 30, 2019

These tend to be tough cases. The problem is that it could be costly to establish the source of the bedbugs. Plaintiffs in these cases can be confronted with the argument that the source could be any number of places. You could consult with an Idaho attorney to get a better idea of the viability... Read more »

1 Answer | Asked in Contracts and Estate Planning for Idaho on
Q: I want Dad to divide his estate between wife #4 and step-son from wife #2. Will the court be OK with this will?

I do not need/want any part of Dad's estate. Does Idaho law refuse estate being passed to a non-blood family member over me, his natural child? Does Idaho law allow current wife to receive 50% of his estate? Dad is a healthy 92 year old but we need to know the facts of Idaho estate laws.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 5, 2019

If you need to know Idaho law on these important issues, hire an Idaho lawyer.

1 Answer | Asked in Contracts for Idaho on
Q: We are under contract to sell our home and my partner just died. Realtor is asking me to sign a quick claim deed what do
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 24, 2019

This important question cannot be answered unless and until a lawyer has an opportunity to review all relevant papers and consider all available options.

1 Answer | Asked in Contracts for Idaho on
Q: If I have paid for the month in full, how can the owner of the self storage facility lock me out?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 17, 2019

They can't; and most do not. This leads me to suspect there is a whole lot more to this situation than you described.

1 Answer | Asked in Contracts for Idaho on
Q: Gayron Zaugg caused his company to double bill me and pocket the money. He is refusing to answer my phone calls.

On May of 2017 I signed a contract that Geyron Zaugg with "Live Security" presented me. The contract was with Safe Home Security "SHS" for 36 months. On June of 2018 Geyron Zaugg transferred my account, without my knowledge or agreement, from SHS to Alder Security. At this time... Read more »

Kevin M Rogers
Kevin M Rogers answered on Feb 5, 2019

"Secondary paper" is bought and sold all the time, so yes, its legal for a business to sell whatever accounts they have collect on or sell to "bundle" or sell separately. However, upon googling "Geyron Zaugg," there doesn't seem to be any information on him.... Read more »

1 Answer | Asked in Contracts, Estate Planning, Foreclosure and Real Estate Law for Idaho on
Q: Do I need a lawyer to file for a partition of property? If I hire one, am I just making a bad situation more worse?

My mother had bad credit. I had excellent credit. She said it would be good for my credit and my future if we bought a house together while I went to school full time and paid my loans as a I went. This is in Idaho. She was the primary owner and she paid the mortgage, as she promised. I gave her... Read more »

Kevin M Rogers
Kevin M Rogers answered on Oct 10, 2018

Why don’t you ask your mother to quit claim her interest in the property to you? Partitioning this property won’t answer the question of what money you might owe to your mother? As for your question, this is not a difficult situation for an experienced attorney to handle, and if you know what... Read more »

2 Answers | Asked in Contracts for Idaho on
Q: wondering if an oral contract is still legally binding in Idaho as of today, everything I'm finding online is outdated
Kevin M Rogers
Kevin M Rogers answered on Oct 2, 2018

An oral contract is legally binding with any kind of contract with one exception - the sale or purchase of real property.

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1 Answer | Asked in Consumer Law and Contracts for Idaho on
Q: cell insurance doesnt have my phone, gave me option of upgraded model but says my deduct will go up by 125.00 can they

increased deductible 125.00 because they dont have my phone!! is that legal

Christian K. Lassen
Christian K. Lassen answered on Apr 2, 2018

We would have to review the policy in order to provide meaningful answers

1 Answer | Asked in Business Law and Contracts for Idaho on
Q: Who is responsible when suing an LLC?

I had an LLC do a $15k backyard project in October 2017, issues have risen and I am now planning to take the company to small claims. I learned that the company switched owners at the beginning of March 2018 and the new owners are now claiming they are not responsible. It is all listed under the... Read more »

Michael Hales
Michael Hales answered on Mar 28, 2018

The prior owners will be responsible, but the new ones may be as well depending on the sales agreement when they purchased the business. You may want to talk to an attorney who can review all the facts of your situation.

1 Answer | Asked in Contracts for Idaho on
Q: My chiro wants to charge me double for past services if I leave and stop payments. According to them, no contract on fil

My chiropractor wants to charge me double for past services if I leave and stop payments. According to them, there is no contract on file for amount for each service. Can I tell them to cease and desist? Will they come after me for services rendered?

Michael Hales
Michael Hales answered on Mar 9, 2018

Depending on the amount of money involved, I'd recommend just working this out with the office. I assume that their argument is that they gave you a discount for a long-term service agreement, but without any writing, this will be difficult for either side to prove, leaving you with the... Read more »

1 Answer | Asked in Consumer Law and Contracts for Idaho on
Q: Should we be able to get our money back?

My wife and I went to our gym in 2016 told them we wanted to cancel, the desk worker confirmed we were cancelled and would no longer be charged. A year later we have discovered that we are still being charged. I called the billing company and they say that per our contract we have to write a letter... Read more »

Michael Hales
Michael Hales answered on Feb 8, 2018

While I feel that you have a valid complaint, the issue will be proving that you gave the verbal cancellation. Is there anything evidence from that day?

1 Answer | Asked in Contracts for Idaho on
Q: If a guy and i sign a contract for him to give me money and he doesnt give it to me can i do anything?

my mom was gonna pay the money back. She signed it and was gonna pay it back after selling her house. The money is now in an annuity.

Michael Hales
Michael Hales answered on Feb 8, 2018

Sounds like you have a claim for breach of contract. However, this is an area of law that has many exceptions and rules, so I recommend having an attorney review the situation, especially if it's a substantial amount of money.

1 Answer | Asked in Business Formation, Business Law and Contracts for Idaho on
Q: Is someone not registered as a business owner entitled to anything? We did not hire them.

Someone is threatening to take me to court over a business I am registered to as the owner. The other party was going to be added on as a part owner but the paperwork was never filed. Now we have decided not to work together. The other party wants money for the time spent helping the business... Read more »

Michael Hales
Michael Hales answered on Jan 7, 2018

I had a very similar case in Orlando a few years back. The parties were planning a joint venture, but it never went through. Unfortunately, my client made some verbal promises that the other party relied on and started moving forward as if they agreement had been made. My client didn't stop... Read more »

1 Answer | Asked in Contracts, Family Law, Juvenile Law and Social Security for Idaho on
Q: Can I sue my mom for not paying me money she owes me?

I am 17. Roughly two years ago when my baby sister was first born, my mother agreed to pay me $20 every time she was gone more than two hours and I had to watch the baby. Well, she now owes me over $600 and there has been multiple instances where she has left me overnight alone with my 5 younger... Read more »

F. Anthony Bullock
F. Anthony Bullock answered on Dec 20, 2017

Courts in most states would construe such an arrangement as a gratuitous promise, unsupported by consideration, and therefore unenforceable at law. In short if you attempted to engage in litigation to recover the requested sum it is unlikely that you will be successful.

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