Please note that only one original contract is to be prepared by inserting signed pages of all parties in one contract which original contract will be held by one party only during the term of the contract. The signed pages are to be sent by 2 parties after signing in counterparts and just... Read more »
answered on Oct 1, 2022
Not the best method. I recommend against it. Do it the right way.
Jack
Without going to court my ex and I would like something, such as a parental agreement stating who has the kids and when. If we make a contract ourselves and sign it, if one threatens to keep the kids can the police get involved? Will it hold up in court?
answered on Sep 24, 2022
No, the cops won’t get involved unless there is a court order. What you have in mind has no legal effect. Better to go to court and get a custody order.
A friend asks me to use his account to invest in the stock market. as a result, there is some loss in the investment account. my friend asked me to write a contract to repay him. What if i break that contract, will I be sued?
answered on Sep 22, 2022
This strange set of circumstances raises more questions, but putting those aside, if you made a contract with someone to pay them a sum of money, your breach of that contract could induce him to sue you. You may have a defense, again depending on the circumstance. But WILL he sue you? No... Read more »
My elderly father signed a contract that had no closing date. His lawyer did not tell him either. He signed the contract then instructed the lawyer to NOT send it to the buyer yet. He did so both verbally and through text. Is there any legal recourse? Is the contract valid if the lawyer went... Read more »
answered on Sep 22, 2022
When an attorney acts on a client's behalf, they generally do so as an agent with apparent authority to bind the party for whom they are acting as an agent. However, if the agent (lawyer) acted against your father's directions, your father may have a claim against the lawyer.
My elderly father signed a contract that had no closing date. His lawyer did not tell him either. He signed the contract then instructed the lawyer to NOT send it to the buyer yet. He did so both verbally and through text. Is there any legal recourse? Is the contract valid if the lawyer went... Read more »
answered on Sep 22, 2022
Based on your post, the remedy appears to be against the lawyer for sure, however, the contract may be void entirely, depending on the content of the messages and how it was sent.
If I signed an NDA as a member of a now defunct LLC with a company for an “indefinite term.” Very general NDA to protect trade secrets, recipes, etc. If the owner of the company who I signed the NDA with passes away, and his heir takes over his rights (both business and estate), and sells the... Read more »
answered on Sep 20, 2022
Depending on the language of the NDA, yes. Have a free telephone consultation with counsel.
Jack
answered on Sep 14, 2022
Greetings. It appears you may be asking two questions: (1) what is required to prove damages in a breach of contract action or (2) what is required to prove a breach of contract so that you may be awarded damages. This response attempts to answer the first question. For a plaintiff to prove... Read more »
answered on Sep 4, 2022
In the State of New York business owners, shareholders, members LLC, may file lawsuits related to breach of contract controversies in state court. For purposes of these controversies the applicable law is the New York General Business Law as well as the specific rule applicable to fiduciaries... Read more »
The $900 is the total amount of rent and my security deposit as I discovered there were bedbugs, asked him if he had bed bugs, he said he didn't, I had someone from pest control confirm it was a bed bug, and had him sign a contract stating he would pay me back my first month's rent, along... Read more »
answered on Sep 3, 2022
Hi, is your question how you should recover the $900? Assuming there are no eviction issues, your former landlord breached his promise to return the $900 to you. You have the promise in writing. This case seems ideal for small claims court. Downstate may charge slightly differently but small claims... Read more »
To my knowledge a talent manager is unable to procure work and negotiate contracts in NY State. I recently made the decision to part ways with my manager but am currently working on a job that they negotiated. I was told that even with our contract ending they are still entitled to the commission... Read more »
answered on Sep 3, 2022
Hi. Do you have a written agreement with your former talent manager that dictates the terms of the representation? If so, it may have language in there that addresses a breakup. Best of luck.
answered on Sep 3, 2022
Generally, the transfer or closing date in the real estate contract is an “on or about” target date. Are there legitimate reasons for the delay in closing? You can send a “time of the essence” letter to the opposing party. If the conditions set forth in your letter are reasonable, then the... Read more »
answered on Sep 2, 2022
Depends on the terms of the contract. The contract will say.
Hello, I am trying to properly interpret Section 624 - Rights of cancellation of contracts for services. If the buyer never received any form of a copy of the contract until requesting it two months after the start date, does the three business day period for a right to cancellation apply once the... Read more »
answered on Jul 25, 2022
I believe that you are best advised to speak to a lawyer because of the very fact-specific nature of your question.
I have a hand written contract signed by myself and the other party. The contract states I made a down payment of $2300 for concrete work on my property. The check was cashed and in the memo it states it's for a concrete patio. That was in may and no work has been done. I just keep getting... Read more »
answered on Jul 13, 2022
How much cash are you out? If it is within the limits of small claims court, it would make sense to sue that way, YES.
I am the Respondent in a motion to Confirm an Arbitration Award
1. Petitioner filed a motion to confirm the Arbitration Award
2. Respondent (me) filed a Motion in Opposition and made a motion to Vacate the Arbitration Award
3. Petitioner filed a Motion in Opposition to my... Read more »
answered on Jun 30, 2022
Typically, in such an instance, the Court should allow your responsive papers to the Petitioner's motion when the opposing side raises new facts or circumstances. If you are not allowed, you can argue that the Petitioner's new facts should not be considered. A party is not allowed to... Read more »
I received a demand letter, I left the job due to hostile environment. I had to contact the labor department to collect my last wages. Now the demand letter wants repayment for half of the bonus’s I was paid. The offer letter has no clawback or mention of any repayment. I don’t mind paying if... Read more »
answered on Jun 21, 2022
Obviously, the matter is governed by the agreement. Have a lawyer look at it for a few bucks. If you have to pay it back, do so only with a release agreement, etc.
No legal action to enforce breached
stipulation agreement started and party affected not notified of filing
answered on May 29, 2022
A notice of pendency expires after 3 years if not extended. A motion is required if a title company is requiring it, and the other side does not consent.
I recently signed a lease for an apartment that was advertised as having "private roof deck". The posting went as far as including staged photos of said roof-deck furnished with patio furniture.
The roof has only one entrance through a door inside the apartment.
The... Read more »
answered on May 23, 2022
Landlord is breaching the contract. You have right to roof deck, even if it means taking him to court!
I was manipulated into auto loan in 2016. I feel into hard time and a divorce and ended up living in my car in 2016. I started to become late but always found a way to catch up. I got back on my feet slightly in 2018 and ended up pregnant. I couldn't afford the car payments and they kept using... Read more »
answered on May 18, 2022
The statute of limitations does not apply to an existing case. The SOL is the date to bring a case. You did the right thing so far. Your issue is lack of service. You are going to have to prove you did not live with your brother when he was served as your household.
answered on May 7, 2022
It could sometimes depend on what the entities require, based on their own policies and practices. Ordinarily, the legal instrument establishes a power of attorney. However, some institutions, such as banks, will still request the letters "POA" included for financial transactions such as... Read more »
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