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Louisiana Contracts Questions & Answers
1 Answer | Asked in Contracts, Real Estate Law, Banking and Collections for Louisiana on
Q: I'd I owe a credit card company money and I sell my house does the title company have to pay the debt off before me?
Anthony M. Avery
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Anthony M. Avery
answered on Sep 21, 2022

The title company's job is to clear your title prior to the conveyance. If there is no judgment lien prior to closing, it may not get paid and released. Then the creditor would probably try to collect from your bank.

1 Answer | Asked in Contracts and Real Estate Law for Louisiana on
Q: Would the children of deceased parent be responsible for 5k lien against her 90k house?

Succession is complete. House is in children names.

Loan was for pool in Aug 2016. Lien was put on house at same time. Price of pool $10,655.54. Down-payment of $5,000. Oringinal principal financed $5,655.54.Payments totaled $7,701.49. Remaining principal balance when she passed in Feb.... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 20, 2022

Did you have an attorney involved in the succession? If so, please speak to the attorney about this. If the lien was not resolved through the succession , then the property was transferred subject to the lien so if at the the time the house sales there is a valid lien, then the lien must be... Read more »

1 Answer | Asked in Business Law and Contracts for Louisiana on
Q: I want to obtain and LLC for scrap metal recycling and a dismantlers license. What should i do?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 28, 2022

Not certain of your question --is it your want to purchase an existing LLC or you to form a LLC? That said, whichever it is, what you should do is start by meeting a business/corporate attorney to make sure whatever it is you want to do is in your best interests. If you are forming an LLC, is the... Read more »

1 Answer | Asked in Consumer Law and Contracts for Louisiana on
Q: Am I entitled to a refund of my deposit to a painting contractor that continuously reschedules? It's been 60 days

I received an invoice for $200 within 5 minutes of receiving the quote on April 19 to get my bookcase job on her schedule. I received a past due notice in less than 24 hours. It was paid within 24 hours. I was informed the deposit goes towards my balance.

Crickets

May 13 I still... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 13, 2022

Is there a written contract between the 2 of you and what does it say in regards to the deposit being refundable or non-refundable. If there is no written contract or the contract is silent, then you have a case that it is a refundable deposit, however, depending on the amount of the deposit and... Read more »

1 Answer | Asked in Contracts for Louisiana on
Q: I signed a contract with pipes u pull it auto sales used car dealership but want out of it

I've not finished paying the down payment with the dealership .. the car has some problems not sure of all, I know it would not crank yesterday or today... My first payment with the loan company is 6/17/2022... Can I get out of the contract

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 25, 2022

In order to properly answer your question, at a minimum, one would need to see the contact to determine if you have purchased the vehicle or if you have simply placed a deposit to purchase a vehicle. Good luck.

1 Answer | Asked in Contracts for Louisiana on
Q: When interviewing Attorney concerning taking my case against a business located in same town as Attorney,how do I know i

How do I know if Attorney represents business that I am bringing case on?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 4, 2022

You inform the attorney of the party/business name ask the attorney if he has a conflict.

1 Answer | Asked in Personal Injury, Contracts and Landlord - Tenant for Louisiana on
Q: Last summer, I went 3.5 months with no AC. Am I entitled to any compensation from the complex?

I constantly called and texted about having no AC. The summer before it was out for almost the whole summer. The workmanship is subpart at best because now I don't have an operating thermostat. I have to turn the AC/heater on through the breaker box. It seems like a fire hazard. Due to the... Read more »

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 18, 2022

The terms of your lease would apply. Many leases state exactly how you have to notify the landlord of the problems you're having - for instance, it may have to be in writing. You should speak with an attorney that handles landlord/tenant matters to review your lease and counsel you on the... Read more »

1 Answer | Asked in Contracts for Louisiana on
Q: hi, Can the buyer under a bond for deed contract request an extension to refinance?

the buyers will miss the deadline to refinance by the end of the contract.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 10, 2022

One can always request, but whether or not the request is granted and/or modifies (extends) the bond for deed contract depends on the what was agreed upon ----take a look at the bond for deed contract and see what it says---if it's confusing or not clear, then have an attorney review. That... Read more »

1 Answer | Asked in Consumer Law, Contracts and Criminal Law for Louisiana on
Q: Wondering if I can sue someone who I paid for a service/partnership for not providing proof of use of funds?

This was for a Shopify dropshipping website. I paid him 3k for a partnership in a website. Signed a contract with him as well. He said he would handle ad management and overall management (emails, calls etc.) We agreed that I would pay for the cost of the ads and Shopify membership. I assumed that... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 2, 2022

File a criminal complaint with the Sheriff.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Insurance Bad Faith for Louisiana on
Q: What justifies needing a new foundation after a hurricane in Louisiana! The house is on piers and had an 2 inspections

Insurance company fighting to not pay when foundation is compromised

Tim Akpinar
Tim Akpinar
answered on Jan 5, 2022

A Louisiana attorney could advise best, but your question remains open for three weeks. The dispute you describe sounds like it met an impasse between your assertion for a new foundation and the insurance carrier's position. One option may be to reach out to Louisiana attorneys to determine... Read more »

1 Answer | Asked in Contracts, Criminal Law, Education Law and Federal Crimes for Louisiana on
Q: Please contact me about my rights with law enforcement and judges.
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 2, 2021

Your question is way to vague to answer. Call a criminal lawyer

1 Answer | Asked in Contracts and Real Estate Law for Louisiana on
Q: I am selling 52 acres of land and just signed an agreement to list it. Can I terminate selling the land?

Signed on November 14, 2021

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 29, 2021

Yes, you can, however you need to read and review the listing agreement to see if there are any ramifications you might have if you terminate the listing agreement ahead of time. Also you need to read and review the listing agreement to see what, if anything, it says if you change you mind again... Read more »

2 Answers | Asked in Contracts and Personal Injury for Louisiana on
Q: Is mediation considered a court case in any way, shape or form.

My P.I. lawyer is charging me 40%, because he states mediation is litigation and litigation is a court case. My contract clearly states 33%, if we have to go to court 40%.

I was rear ended and my life, past since, current and future has been drastically changed in all ways. Nowhere in the... Read more »

Wade Thomas Visconte
Wade Thomas Visconte
answered on Nov 20, 2021

The Louisiana Bar Association has a program that you can choose to use if there is a fee dispute. There may he a provision in your contract that provides y'all will use that program if there is a fee dispute.

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1 Answer | Asked in Contracts, Personal Injury, Civil Rights and Medical Malpractice for Louisiana on
Q: In Louisiana during CEC inpatient, can a Doctor violate the directive of a Med POA and administer Abilify Maintena?

We knew in advance of an ER trip that medications were inducing hallucinations for my significant other (S.O.), after stopping them twice in a week by stopping the medications. S.O. was ignored by hospital, PEC'd to a mental health facility, who ignored the claims, then CEC'd. Facility... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 1, 2021

You should have gotten your own expert psychiatrist that you could now call to intervene.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Construction Law for Louisiana on
Q: A signed a contingency contract with 2 different contractors to do repairs after hurricane IDA . Will both be binding?

Does the first signed contract negate the second. Are will I be held to both ? What are my rights to cancel in Louisiana ?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 6, 2021

More information to properly answer this question is needed and most likely a proper answer can only be provided if one were to review both contracts. If this the situation where the same parties wrote up 1 contract and then agreed to write up a 2nd contract? Or is the property owner party to... Read more »

1 Answer | Asked in Contracts for Louisiana on
Q: My husband and I purchased a vehicle with him as co-signer. Can I trade in the vehicle?
Jacob Rennick
Jacob Rennick
answered on Sep 24, 2021

Yes, whoever you do the trade-in with will likely require both you and your husband's signatures.

3 Answers | Asked in Consumer Law, Contracts, Criminal Law and Civil Litigation for Louisiana on
Q: Is it criminal or civil? I have a friend who is accusing me of not giving him a refund of 800 dollars for some shrimp.

I DONT own a business but I do know of people in the seafood industry and at time I am able to get great deals. I had a friend who wanted shrimp but he changed the order at the last minute and I had to cancel it. I gave him his 850 dollars cash back but now he is saying I didn't pa him back. I... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 25, 2021

It can be both. If your supposed friend contacts law enforcement and makes some sort of allegation that you committed a crime against him----theft of money is a crime---and the law enforcement officer issues you a summons or arrests you, then you are in the arena of a criminal matter, which must... Read more »

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1 Answer | Asked in Contracts, Civil Litigation and Constitutional Law for Louisiana on
Q: What can someone2 do?

If someone1 sold their property to someone2 , and someone1 went to the judge and said that someone2 had stole property ??

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 26, 2021

Get a criminal attorney.

1 Answer | Asked in Contracts for Louisiana on
Q: if my apartment complex was bought by someone else and has new management and my lease is up and I been paying myrent

can she kick me out or eventually me

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 21, 2021

What does your written lease say? Does it say that at the end of the term of the lease you go to month to month or does it renew for the length of the original term--anyway, your lease should tell you what the new management can do in regards to requesting you to move out. Also, the lease should... Read more »

1 Answer | Asked in Contracts for Louisiana on
Q: Can a lawyer charge an additional 25% for collecting fees owed to myself after winning a case?

I already signed a contract of 33%

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 9, 2021

Generally, no, however, I suspect that there may be additional facts in this matter which allows him. Presumably you signed a contact with him for a 33% fee----but the contract should explain the nature and scope of his services. It is possible that it is only through judgment and that the... Read more »

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