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Louisiana Contracts Questions & Answers
1 Answer | Asked in Civil Litigation, Construction Law and Contracts for Louisiana on
Q: My husband signed a roof contract and is now unemployed due to Covid-19.

The company would not provide a quote and contacted the insurance company directly to receive our information about our claim. I did not sign the contract and do not agree to the terms. They will charge $3500 to cancel the contract. He is unemployed due to Covid and is now unable to fulfill this... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 30, 2020

If you and your husband did not sign the contract, then it's not your problem. You don't explain how the insurance company is involved.

1 Answer | Asked in Contracts and Criminal Law for Louisiana on
Q: Can you be charged with Unauthorized entry of an inhabited dwelling if your name is on the lease?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 2, 2020

YoubcN be charged and if the other person has a protective order, you will be prosecuted. However being on the lease, with no protective order is a defense.

1 Answer | Asked in Contracts for Louisiana on
Q: I have a question regarding an employment contract which I signed a few days ago. I want to come out of the contract.

I informed the employer and he emailed me back they have decided not to proceed with me further. I am wondering what would be the appropriate step to move further so it won't hurt me in future?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 9, 2020

This question makes no sense to me. Why do you "want to come out of the (employment) contract" if the employer has already told you they have "decided not to proceed" with hiring you? It sounds to me like there is no contract because you told the employer that you changed your... Read more »

2 Answers | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Louisiana on
Q: Is it legal for a business not to refund you a deposit due to a pandemic and mandatory shutdown of all events?

The business says a refund is only refunded due to inclement weather. The city of New Orleans is on a mandatory shutdown and the event is cancelled, so the business won’t be needed. They said they won’t give the deposit back and use it as a credit. The event won’t be happening or rescheduled... Read more »

Imtiaz A Siddiqui
Imtiaz A Siddiqui answered on Mar 18, 2020

Additional details are necessary to provide a useful answer.

Share as much as you feel comfortable sharing, but some questions that come to mind:

What is the event?

What business is the business in?

What do you mean by "so the business won't be needed"?

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1 Answer | Asked in Contracts, Criminal Law and Federal Crimes for Louisiana on
Q: Can a bond company surrender a bond within 30 days if court or payment has not been missed
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 16, 2020

Look at the contract you signed with the bond company.

1 Answer | Asked in Civil Litigation, Contracts, Intellectual Property and Real Estate Law for Louisiana on
Q: Can a property manager be held responsible for providing a master key to a person that is not listed on a lease

Which resulted in two break in,which the property manager confessed to providing a master key to a guest not leasing with the complex on a police report,can the property manager be held responsible as well as an accessory for my home being broken into for a second time

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 12, 2020

Yes both civily and criminally

1 Answer | Asked in Business Law, Contracts and Criminal Law for Louisiana on
Q: What is the Louisiana criminal code for theft of service?

The owners agreed to pay for my painting services then stopped payment on the check when the job was finished. They stopped payment on a $19,000 check.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 30, 2019

Contact the District Attorney's office for bad checks.

1 Answer | Asked in Business Formation, Business Law and Contracts for Louisiana on
Q: I’m currently making my own business, but before I start I want to be able to protect myself legally. I need advice.

I’m from Louisiana and I need advice on contracts/ liability forms. If I should have commercial insurance before I even think about actually starting my business.

Tim Akpinar
Tim Akpinar answered on Nov 7, 2019

It would be difficult for a Louisiana attorney to advise you on that, given the basic question-answer format of this board. You should think about contacting a Louisiana attorney and setting up a consultation. The forms you mention could depend on your business. Some forms are standard templates;... Read more »

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... 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)... 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... 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... 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.)

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