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1 Answer | Asked in Contracts, Business Law and Gov & Administrative Law for Florida on
Q: Is it better to privately lease a vehicle in FL or sell the vehicle with an associated lean against it?

I am the secretary for a 501c3 focused on supporting military and ex-military veterans. We have a unique situation where the group acquired a motorcycle trike, which the group would like to "loan" to a biker who lost his leg in a motorcycle accident. We want to know if we should... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 7, 2021

Liability attaches to whoever owns the trike as well as whoever is driving it when an accident occurs. So if the club owns the trike (name on the title) they cannot avoid liability by leasing it or selling it subject to a purchase money loan. Hire an experienced lawyer to help keep the club on this... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Do I still have to give notice if i’m in between leases right now?

my lease expired on march 23rd 2021. Originally I had given a 30 day notice (what’s required per my lease) and was planning on moving to a new complex, but decided to retract my notice and just transfer units (switch from 1 to 2 bed). I have been waiting for over a month for my transfer request... Read more »

Teri A. Walter
Teri A. Walter answered on Apr 7, 2021

Your old lease expired, and you haven't signed a new one. For most leases, this means you're a month to month tenant. Check your lease to be sure. If that's the case, you must give a 30 day notice to terminate the lease.

1 Answer | Asked in Contracts on
Q: Since nothing on this Earth happens without a CONTRACT, WHAT is THE fundamental rule, obligation and duty...

...of every member of the contract, BEFORE any kind of negotiation starts?

Thanks

Michael Zamzow
Michael Zamzow answered on Apr 7, 2021

Generally, parties are free to negotiate any terms to any agreement. Occasionally an offer could be accepted, forming a contract, if it contains basic terms (but required terms) and if it is properly 'accepted.'

There are numerous exceptions, but without more information...
Read more »

2 Answers | Asked in Contracts for New York on
Q: I have contracts with (amateur) actors for several video shoots. All are scanned in PDF files.

In the PDF you see the signed contract and a copy of the passport of each actor. The originals are non-existing (paperless office). Would my PDF document/scan suffice in the court of law in the US should that be necessary one day?

Tim Akpinar
Tim Akpinar answered on Apr 7, 2021

It could depend on the court system. There is no universal standard nationwide - there are different jurisdictions and different court systems, where different courts might have their own requirements. Digital files are commonly used in discovery exchanges, but it would probably be advisable to... Read more »

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1 Answer | Asked in Contracts for Ohio on
Q: Within Contract Law do the Courts typically decide if a written contract between two equal parties is fair to both?

Why or Why not?

Joseph Jaap
Joseph Jaap answered on Apr 6, 2021

The court decides the claims asserted by the parties to the contract. If two parties of equal bargaining power agree to the terms of a contract, the court might not have any reason to second guess what they agreed, even if the terms favor one of them. But issues raised by the parties to the... Read more »

1 Answer | Asked in Contracts and Admiralty / Maritime on
Q: Is the judicial system in the US and Canada PRIVATE OR PUBLIC?
Tim Akpinar
Tim Akpinar answered on Apr 6, 2021

As a general premise, judicial systems are public. In the U.S., court systems are operated by the government on the federal, state, and local levels. In the U.S., Article III of the Constitution establishes federal courts ("The judicial Power of the United States, shall be vested in one... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Georgia on
Q: I own a horse and my barn made a lease contract on her and I never saw or signed a contract, do I have to comply?

I was talking to the manager about leasing my horse. She said she’d be happy to help me out. All the sudden I go to the barn and I’m told I can’t do anything with my horse because she is leased on a contract I’ve never signed or read. She is also making money off this contract which I feel... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Apr 5, 2021

Meet with a contracts/business law attorney and show the contract there. We really cannot provide dependable information to you when we have not read the agreement's terms.

1 Answer | Asked in Contracts, Personal Injury and Landlord - Tenant for Kentucky on
Q: Can I break my lease because of intimidation and feeling unsafe?

I wanted to get a very large drain fixed in front of my parking spot because I’ve fallen into it and my car is damaged because of it and I called the city, they came to look at it and the maintenance people kicked them off the property and came to my apartment and yelled at me for trying to get... Read more »

Timothy Denison
Timothy Denison answered on Apr 3, 2021

No. Those are not grounds to break your lease.

1 Answer | Asked in Contracts for Michigan on
Q: Is a seller exempt from providing a disclosure statement because they have a tenant living in the house?
Michael Zamzow
Michael Zamzow answered on Apr 3, 2021

In the briefest terms, the seller is probably not exempt.

The Michigan seller's disclosure statement but be provided for the sale of any residential dwelling units between 1 and 4 (single family homes to four family apartment buildings). The statement is not required if there is a...
Read more »

1 Answer | Asked in Contracts for Michigan on
Q: I moved into an apartment last yr taking over an open lease. The complex has yet to have a conversation with me

And now I find out that apparently there are utilities besides consumers connected to the apartment how can I hold them accountable for never giving me this information

Michael Zamzow
Michael Zamzow answered on Apr 3, 2021

It looks like your question is originating in Ohio, but in the Michigan law section.

There just isn't enough information to provide even a remote answer, regardless you'll probably need to contact an attorney directly for a consultation on this.

1 Answer | Asked in Landlord - Tenant, Contracts, Criminal Law and Real Estate Law for Texas on
Q: Should I include DHA in my lawsuit against a tenant who trashed my property?

They were supposed to perform inspections.

I’ve reported (on their website form) my tenant (to DHA) for using fraudulent info to obtain funds.

Tenant left a lot of trash behind that shows how she manipulated the system to pay her rent and child support including fictitious phone... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 2, 2021

I'm not sure why this is labeled Criminal Law but a lawsuit to recover money is always some flavor of civil law... consult an attorney with experience suing the government to find out about the immunity issues.

1 Answer | Asked in Business Law and Contracts for Florida on
Q: Need an attorney to file a case with over 500,000 in damages (business ) Against company in Fort Lauderdale
Charles M.  Baron
Charles M. Baron answered on Apr 2, 2021

It would be helpful for you to state the subject matter of your intended claim - for example, contract dispute, non-performance of a contracted job, consumer fraud, employment discrimination, employment termination/discipline, etc.

2 Answers | Asked in Contracts and Animal / Dog Law for Louisiana on
Q: Okay so I live in Louisiana being sued by a client in Alabama.

The puppy was vet checked and had a clear bill of health before leaving my home. My contract states they have 72 hours max to get the puppy in with a vet for a wellness checkup and send me proof that this had been done. If this isn't done my health guarantee is voided. The client didn't... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 2, 2021

Hire a contract attorney.

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1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: told a friend that my credit score is above 700 and he said he can get us a $2 million loan. What actions should I take

He's into real estate but I'm new wanting to start buying properties. What actions can I take to make sure I'm covered on my part that way everything does not fall on me?

Teri A. Walter
Teri A. Walter answered on Apr 1, 2021

The most important thing is to get a lawyer to review every part of this deal before you do it, and I'd be suspicious from the start. It's telling that he can get "us" a $2 million loan. Sounds like trouble already, because he's using your credit to do his business. This... Read more »

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: Good Morning, I am seeking legal advice on how to get the earnest money that is owed to my wife and I.

THe first Buyers that we were under contract with backed out of the contract 14 days after the contracted settlement date and weeks after Due Dilligence had expired. The closing attorney that represented the, last I heard because the attorney no longer responds to my emails or calls, has the money... Read more »

Ben Corcoran
Ben Corcoran answered on Apr 1, 2021

I would have to review the contract to see what you are entitled to. There is a big difference between earnest money and a due diligence fee.

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: My son and his roommates are renewing a lease on a college campus. Part of the verbiage in the new lease is that

if the police are called to the residence they can be evicted. Is this legal

Ben Corcoran
Ben Corcoran answered on Apr 1, 2021

Generally yes, I would have to review the lease to see it in context but I frequently write that into leases I draft.

2 Answers | Asked in Contracts, Employment Law and Employment Discrimination for Illinois on
Q: Can my job fire me for not telling them I have a mental illness?

They made us sign a paper saying that I must disclose all medical conditions including mental illness and if I withhold any information and they find out I could get fired. So if I were to show up to work and told someone I had depression they said that they could fire me for that. But is this even... Read more »

Carrie Dyer
Carrie Dyer answered on Mar 31, 2021

More information is needed to explore your situation, but this certainly sounds like it could be an unlawful practice. You should consult an employment law attorney in your area to discuss.

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2 Answers | Asked in Contracts, Employment Law and Employment Discrimination for Illinois on
Q: Can my job fire me for not telling them I have a mental illness?

They made us sign a paper saying that I must disclose all medical conditions including mental illness and if I withhold any information and they find out I could get fired. So if I were to show up to work and told someone I had depression they said that they could fire me for that. But is this even... Read more »

Charles Candiano
Charles Candiano answered on Apr 13, 2021

Your question isn't about employment law. Rather, it is about contract law. So long as the subject in terms of the contract do not involve contraband or other illegal activity, it has long been established that a person's right to contract is unlimited. Nobody "makes" you do... Read more »

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1 Answer | Asked in Contracts for Illinois on
Q: Is there a downside to not answering Affirmative Defenses and Counterclaim directly ?

Plaintiff sued in contract case (Law Division, Cook County IL). I filed Answers, Aff. Defenses and Counterclaim. Plaintiff did not file a formal answer; rather, they filed Motion for Summary Judgment. Did they forfeit any legal points or put themselves to disadvantage by doing so?

Bryan R. Bagdady
Bryan R. Bagdady answered on Mar 30, 2021

Yes they did. Motions for summary judgment are controlled by 735 ILCS 5/2-1005. If you are responding to a motion for summary judgment you need to become familiar with this statute. As a general principle, the court will grant summary judgment if the pleadings, depositions, admissions, and... Read more »

1 Answer | Asked in Business Law and Contracts for Florida on
Q: Hello, hope all is well. I have a question pertaining to a Florida LLC equity contract. Is this contract valid?

I have the Operating Agreement and Equity Contract.

Keith Kanouse
Keith Kanouse answered on Mar 29, 2021

I would have to review the Operating Agreement and Equity Contract. Why is there 2 agreements. Normally, the Operating Agreement governs the rights and obligations of the Members of the LLC.

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