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South Carolina Contracts Questions & Answers
2 Answers | Asked in Consumer Law, Contracts and Civil Litigation for South Carolina on
Q: My dad bought a used camper—no written contract—& learned that the walls were rotted out. Too bad, right?

Purchase was from private individual.

Tim Akpinar
Tim Akpinar answered on Sep 15, 2019

A South Carolina attorney could advise you in the best manner, but your question remains open for two weeks. But as a general matter in most any jurisdiction, the recourses would be limited. It's a private sale sealed over a handshake, no warranties, and no contract. Don't beat yourself up over it.... Read more »

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1 Answer | Asked in Contracts, Estate Planning, Civil Litigation and Legal Malpractice for South Carolina on
Q: Can your lawyer ask you to sign blank hearing papers without a court date filled set?

My attorney had me in emotional distress at our probate mediation, while he had me mentally under pressure after telling me that we were signing PR over to the plaintiff or its 5 to 10 years in prison he asked me to sign a paper stating my presence at mediation. It took me a minute but I was trying... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 17, 2019

I am sure most if not all experienced lawyers who read all the horrible facts you alleged and your extremely unusual question will have the same immediate response as I did: This is impossible.

On the other hand, if everything you say is 100% true your best option is to report your lawyer...
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1 Answer | Asked in Business Law and Contracts for South Carolina on
Q: Does the initial listing that you post when you’re selling a used item online account as a legal contractual offer?

Basically I was trying to sell my used computer and I posted it on various apps and online marketplaces and I forgot to take it down on one of them after I sold it. I just want to know if those initial listing are considered contractual offers or are they viewed more as invitations to offer or... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 1, 2019

FYI, 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." In this case the amount of money involved is way too small to be of interest to most lawyers; and you are advised not to worry about it... Read more »

1 Answer | Asked in Contracts and Business Law for South Carolina on
Q: If I agree to custom order for a certain price, but don't say when payment is due, is the contract still valid?

Can I legally ask for payment of order upon completion of the client's custom order if the time of payment was not discussed in contract?

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

Yes; and you do not have to give them whatever it is until you are paid.

1 Answer | Asked in Consumer Law and Contracts for South Carolina on
Q: Do I have the right to repair and deduct for a built in oven that has not been fixed
D. Nathan Davis
D. Nathan Davis answered on May 29, 2019

You must give your landlord a reasonable amount of time to repair the oven. You should probably give the landlord written notice if the oven is not repaired within a reasonable period of time, you will make the repair yourself and deduct the amount from the monthly rental payment.

You...
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1 Answer | Asked in Contracts, Intellectual Property, Lemon Law and Trademark for South Carolina on
Q: I traded our motercycle for a jeep about 3 weeks ago. Before doing so the owners of the jeep told us it had no issues.

We are now having to tow the jeep. It has many issues that we were not informed about before the trade. We have messages where the owner told us the jeep had no issues. The car clearly had issues as they started a mile from their house, where we signed titles over. Is their anything we can do?

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

Probably not, because neither the Jeep nor the motorcycle are worth enough money to make it worthwhile for you to hire a litigation lawyer and fight the seller. Unless you want to try in a small claims court.

1 Answer | Asked in Contracts and Consumer Law for South Carolina on
Q: I recently leased a new car. The paperwork states 100 miles. I notice a week later it has over 800 miles on it.

The dealers paperwork was off by 700 miles. What recourse do I have? thanks

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 20, 2019

Go back to the dealership and have them amend the lease contract to state the correct number of beginning miles.

1 Answer | Asked in Contracts for South Carolina on
Q: If money given to me as donations is in an account with my name and designated by the mission organization who holds it?

The organization is saying I can now only use my money on a short term trip with them in the next three years. I was only committed to going with them because they were helping me get overseas to work with them long term & they never told me of any time limit.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 16, 2019

IMO, if the organization "gave" you the money upon condition that you make the trip overseas to go to work for them within the next three years, then you must either do that or give the money back--so they can use it to find another employee willing to move overseas to work.

1 Answer | Asked in Contracts for South Carolina on
Q: 1) if contract void can I get price paid + insurance + repairs + storage or 2) if voidable can I get money back & keep

Purchased used vehicle for trips from dealer paid cash. Told me he would mail title docs they were at other location of dealership ( in another state) month later docs reveal dealership never had title - I cannot get title or tags. See questions above. They don’t own vehicle so returning to... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 13, 2019

You really need a lawyer. Hire one.

1 Answer | Asked in Contracts, Business Law and Construction Law for South Carolina on
Q: Can I be sued if hvac intermittently stops working in heat due to drain issue?

Hvac works in heat and ac but drain intermittently stops heat from working. Offered to pay for remedy by another company but was refused.

Tim Akpinar
Tim Akpinar answered on May 3, 2019

You could try reposting your question in the Landlord-Tenant section, since it hasn't been picked up in four weeks. You are correct in that it involves a contractual/business law matter, but you are speaking of remedies of a company that may have arisen under a lease. What you describe sounds like... Read more »

1 Answer | Asked in Contracts for South Carolina on
Q: Signed SC employment contract with hospital to pay back $ if I leave within 2 years? No actions are listed if I don't.

Can they hurt my credit if I don't pay it back? Or take me to court? Not sure if there is anything they can do to enforce this contract since it is not mentioned in the actual agreement.

Jeremy R. Summerlin
Jeremy R. Summerlin answered on Aug 28, 2018

They could sue you to recover the amount owed under a breach of contract theory.

1 Answer | Asked in Business Law and Contracts for South Carolina on
Q: How long does a credit app/payment terms stay valid with a vendor? Does it expire? It's been 8 years since filed.

We are going round & round with a current vendor and they sent us over a signed agreement/payment terms from 8 years ago that someone agreed to way before myself or my Controller started here. Trying to figure out how long these are valid?

Timothy Denison
Timothy Denison answered on May 7, 2018

If you actually received the goods, then the app/credit terms is a contract valid until paid or until the statute of limitations in your state expires. If you did not receive the goods per the app/credit terms, then there is no contract and no monies are due.

1 Answer | Asked in Contracts and Employment Law for South Carolina on
Q: I recently left a company with a non-compete that specifies a territory "within the United States". Is this enforceable?

The company I left does a small percentage (less than 1%) of work that I would potentially be competing with so it would not affect their core business. Also, I would be providing only some overlapping services, and not all that I was producing at the previous company. Do I need to worry about an... Read more »

Jeremy R. Summerlin
Jeremy R. Summerlin answered on Apr 2, 2018

The answer depends very much on the exact language of the non-compete. SC law requires that a non-compete be limited reasonably in time (three years or less, generally) and reasonably in geographic scope, among other requirements. If you serviced customers all over the US, then the agreement MAY... Read more »

1 Answer | Asked in Contracts, Car Accidents and Juvenile Law for South Carolina on
Q: If I'm 17 and drive ny parents car and break somethings on accident, do I legally have to pay them? Can they make me?

I'm 17 and I have been told I broke a few things in my car. One I will pay for, but the rest they claim I broke when I didn't. Can they legally make me pay for it, even though I'm underage and there was no contract?

Peter N. Munsing
Peter N. Munsing answered on Jan 12, 2018

Technically they'd have to show it was you, but you need to decide how much you want to push the issue. You'd come off more mature saying that you didn't break the other items but you'll be glad to help out by paying them.

1 Answer | Asked in Bankruptcy, Contracts, Foreclosure and Real Estate Law for South Carolina on
Q: I was approved for a refinance but I did not receive any money after signing paperwork. Why?
D. Nathan Davis
D. Nathan Davis answered on Dec 18, 2017

On a refinancing, there are refinance loans where no money is given to the borrower. There is also cash out refinances where you refinance and also take out money against the equity in your home.

Based on the limited information you provided, I would guess that you had a straight...
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1 Answer | Asked in Contracts and Estate Planning for South Carolina on
Q: If I now reside in VA and I need to provide a certified true copy of revocation of POA that was filed in South Carolina

I need to know who can certify a true copy and mail to South Carolina to be filed

John Andrew Maghamez
John Andrew Maghamez answered on Aug 13, 2017

It depends. You need to speak to an estate planning attorney like myself about this it could be a simple fix but it also could require a bit more

1 Answer | Asked in Contracts and Real Estate Law for South Carolina on
Q: Help! I put in a contract for a new-construction homes & was told the home would have gray granite, floors and walls.

I recently stopped by & the house has brown granite, floors, and beige walls. Builder acknowledges the error but is refusing to make any changes due to the cost. Please advise what my rights are.

Vincent Gallo
Vincent Gallo answered on Jul 14, 2017

Normally, with new construction the contract contains an inclusions list. If your inclusions list reads gray granite, floors and walls, you may have rights against the builder. If this however, was only verbal, then you had better get used to what he installed.

1 Answer | Asked in Contracts and Employment Law for South Carolina on
Q: Can a non-compete covenant be enforced if there is no one to compete against?

I am a Bariatric Surgeon. I recently resigned as a solo hospital employed Bariatric surgeon because of bad faith dealings on the part of my hospital. I had a non-compete restrictive covenant in my contract for one year, 70 mile radius of the hospital. Since I was a solo practitioner and the... Read more »

Jeremy R. Summerlin
Jeremy R. Summerlin answered on Jun 28, 2017

The answer is fact-specific. You should schedule a consult with a South Carolina non-compete lawyer to have your case reviewed.

1 Answer | Asked in Libel & Slander, Personal Injury, Consumer Law and Contracts for South Carolina on
Q: I am a guest at a hotel and was attacked at the free continental breakfast by an employee of the hotel. What can I do?

I placed 2 packets of oatmeal in my purse to eat in my room. Was making a waffle and told I have to eat all food in the lobby. When I stated that I was allowed to eat it and my coffee in my room she threw away my waffle, and while I was at the front desk asking for a manager, the lady went in my... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2017

Is there a place you can go that doesn't cost as much? If so move and cancel the reservation & tell your credit card. I would contact a local attorney, Carl Jacobson in Charleston. Use my name--he'll give you a free consultation.

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