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Louisiana Contracts Questions & Answers
1 Answer | Asked in Contracts for Louisiana on
Q: My personal trainer is claiming to have an auto renewal clause in my contract. Is this a legitimate auto renewal?

I live in Louisiana, here is the "Auto Renewal" portion of the contract:

"This contract is auto renewable after the fifth month of the contract is paid unless notified of cancellation"

I think the word "renewable" is confusing. I also am not sure when or how I was supposed to... Read more »

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

Unless people in Louisiana do not speak the same language as the rest of the English-speaking world the meaning of the word "renewable" is not confusing; in this context the word "renewable" it means the contract is "renewable after the fifth month of the contract is (sic) paid unless notified of... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Louisiana on
Q: Can an apartment complex in Louisiana require renters insurance as a term of a lease?

I've been looking, but can't find anything official in the rental law.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 15, 2019

Teaching opportunity: The law is not designed to solve every little problem that comes your way during this lifetime; the Latin phrase for this rule is "De minimus non curat lex." Accordingly, if Louisiana laws regarding "rental law" do not contain anything about landlords requiring renter's... Read more »

1 Answer | Asked in Business Law, Contracts and Employment Law for Louisiana on
Q: Is a verbal contract legal between a general contractor and sub contractor.

Labor work was completed by myself (sub-contractor) between 60-70 days ago and general contractor has not paid me. General contractor says he doesn't have the funds to pay me.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 11, 2019

Yes.

1 Answer | Asked in Contracts for Louisiana on
Q: Selling vacant lot. Buyer twice told me he had put deposit in escrow, and twice the title company has no record of it.

Is the contract enforceable if he has not paid agreed upon earnest $$. I have a better offer.

Sye J Broussard
Sye J Broussard answered on Jul 9, 2019

If your contract had a deadline to pay the deposit and the buyer failed to pay, then he could likely be in breach of the contract. Depending on your default provisions in your contract, you could possibly rescind the sale. If he intentionally misled you regarding depositing money in escrow, you... Read more »

1 Answer | Asked in Contracts for Louisiana on
Q: What can I do about a roommate who moved out and broke her leasing agreement, leaving me with responsibility of rent?

Roommate's name is still on the lease but she will not pay her half of the rent because she voluntarily moved out.

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

Unfortunately, you are now responsible--to the landlord--for all of the rent. If you default the landlord will probably sue BOTH of you--which might not be a bad thing--for you. Meantime, try to find a new roommate?

1 Answer | Asked in Contracts for Louisiana on
Q: How to cancel auto lease before first payment due without excessive cost?

05/28/2019 veh driven home,in garage since. 92 miles now. Contacted VW Lease,advised to contact dealer. Sales mgr informed me I would have to pay the entire 48 mo. ($399.57) $19179.36.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 21, 2019

In most situations I am familiar with the dealer who leased the car has no authority to enforce the lease financing agreement. The financing company owns the leased car until the end of the lease, at which time the person leasing it has an option to purchase it from the leasing company. If they do... Read more »

1 Answer | Asked in Contracts for Louisiana on
Q: Can a finacing company take my license plate and boot my car in Louisiana
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 21, 2019

If you are in default on your auto loan the financing company can repossess your car. And it appears they intend to do just that.

1 Answer | Asked in Contracts for Louisiana on
Q: Asked question a few days ago but don't remember if it was on this site. How long to respond & where does it go?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 20, 2019

Really? Please be sure to know that we lawyers do not remember you or your question. How about staring at the beginning and asking the original question again?

1 Answer | Asked in Civil Litigation and Contracts for Louisiana on
Q: My ex boyfriend who is also on the lease refuses to move out and to pay rent. He now just got a dog which is not allowed

He is aggressive and violent as well but no domestic violence has been filed on my part. What rights legally do I have to get him out?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 17, 2019

You have equal rights to the leased property without a court order based on domestic violence. Either move and notify to our landlord in writing that he has a dog and is violent, or file a protective order.

2 Answers | Asked in Contracts, Real Estate Law, Landlord - Tenant and Legal Malpractice for Louisiana on
Q: In a BFD, what are seller's rights when it comes to buyer damage to the property & missing payments every month?

Buyer's real estate agent has taken advantage of my elderly parents since the start. Buyer has failed to make payments on time every month since signing. 45 days have been given each time. The contract said for improvements to be made to houses and property. None have been made. Rather the houses... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 28, 2019

Contact a Louisiana real estate lawyer to help the sellers enforce the contract.

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1 Answer | Asked in Consumer Law, Contracts and Banking for Louisiana on
Q: How can a dentist draw $32k in my name? “Without” me seeing contract from lender (signing). terms, conditions, interest

Informed in dentist office the paper work signed only pre qualified me. Did not know an active loan was in place until payment reminder came in mail from lender. Every “TILA” law was crushed in this whole process by said Dentist office and said lender. Both are working in conjunction against me... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 23, 2019

Assuming that you had the expensive dental work done the written documents you signed allow the dentist and the creditor to collect the money you agreed to pay from you; it doesn't matter what you were told before the procedure. If you are unhappy about the interest rate, contact a Louisiana lawyer.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Mergers & Acquisitions for Louisiana on
Q: I hired a builder and he posted pictures of my signed contract online. Is that legal?

I gave them a bad review on Facebook

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 21, 2019

Whether what the builder did was "legal" is impossible to say without much more information. I will note that there is very little difference between what you did (post a bad review online) and what you say the builder did in response (posted pictures of your signed contact online.)

1 Answer | Asked in Consumer Law and Contracts for Louisiana on
Q: Someone took out a title loan that I am cosigner on but the loan company did not require my signature. Legal?

I did not know about the loan put on the car but I am part owner and they did not ask for my signature.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 7, 2019

If the title to the car is written the same way most are, the two owner names are either unconnected or are separated by the word "or" which in either case means the car is owned equally by the owners. If so, then each owner can sell the car, or possibly take out a loan against the car; however,... Read more »

1 Answer | Asked in Contracts for Louisiana on
Q: We signed a confession of judgement after we took out a business loan, the payments were daily and our business failed
Sye J Broussard
Sye J Broussard answered on Apr 22, 2019

I am not sure what you are asking. Can you please elaborate? In general, it is not uncommon for a credit to seek a confession of judgment in exchange for standing down on collection efforts for a period of time. The idea is if the debtor fails to become current on the debt, the creditor saves the... Read more »

1 Answer | Asked in Contracts for Louisiana on
Q: Looking to revise a performance agreement so that the performer would be restricted from performing 90 days before.

Is there a clause of some sort I can add to performance agreement so that performers aren't allowed to perform 90 days before my event.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 15, 2019

You can try to add anything you want, but if there is already an agreement in place the other side will have to agree to allow you to add the new language.

1 Answer | Asked in Consumer Law and Contracts for Louisiana on
Q: Sold motorcycle 4000tofriend 500down500every2 weeks paid2 timesnow he in jail I have title how do I repo it backbeen 6 m

Been 6 months now

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 4, 2019

If you have the title--and if it is still in your name only--there is no need to "repo" the bike. If the title is already in your friend's name you will have to take appropriate steps to repossess it.

2 Answers | Asked in Contracts for Louisiana on
Q: Is there a period of time regarding when I can cancel a signed contract for future treatments with an acupuncture Dr.?

Yesterday my wife & I both had a treatment session with this doctor who made us sign his paperwork which stated in his ad that there would be no charge if he did not get at least 50% relief during the first visit or he would not take one on as his patient. During both of our treatments, he kept... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 4, 2019

You are probably not going to get any answer here because lawyers must have a chance to read the written documents comprising the contract for future visits before advising you. Contact a local lawyer.

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1 Answer | Asked in Contracts and Landlord - Tenant for Louisiana on
Q: How do I get out a lease in Louisiana,if I can’t sublet it or move to the state? It’s not to begin till August.

I live in fl, lost my job so I can no longer take the apartment in Louisiana.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 4, 2019

Since the lease term does not begin until August you have much more time to work this out with the new landlord than it should take; and the landlord has a great deal of time to find another tenant too. Get on it.

1 Answer | Asked in Contracts and Real Estate Law for Louisiana on
Q: Can not deliver original petition by Marshall or PI in Louisiana after four documented attempts. What is my next step?

Missed rent payments, destroyed the property. Got evicted. Incorrect forwarding address, stopped ? working in Louisiana.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 3, 2019

Hire a local lawyer to advise you how to give legal notice in lieu of personal service in cases like this.

1 Answer | Asked in Contracts and Real Estate Law for Louisiana on
Q: Trying to serve an original petition. Marshall and private investigator did not find the person. How do I proceed?

Petition for not paying rent and destroying the property. Received incorrect forwarding address, person stopped working in the state. Four time unsuccessful delivery attempts documented.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 3, 2019

Hire a local lawyer to advise you how to give legal notice in lieu of personal service in cases like this.

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