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Georgia Contracts Questions & Answers
2 Answers | Asked in Contracts and Personal Injury for Georgia on
Q: What code section covers un-disclosed principals ?
Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Jan 18, 2023

In the state of Georgia, the code section that covers un-disclosed principals is found in the Official Code of Georgia Annotated (OCGA) Section 10-2-318. This section states that an agent may act for a principal who is not disclosed and that the contract is enforceable by and against the... Read more »

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1 Answer | Asked in Consumer Law, Contracts, Estate Planning and Family Law for Georgia on
Q: I'm in Georgia. I am suing a large Bank as my FBO Trustee. The actual person was incompetent & milked account for 7 year

Refused to release a small portion 5 years ago for a house purchase. Psychological harm, then they invest the money and refused to honor my wishes to take profits and then set it aside for home purchase when the trust would expire 12/31/22. The amount in fees was about 40% of the start amount.... Read more »

John Michael Frick
John Michael Frick
answered on Dec 30, 2022

I am not a Georgia lawyer and you absolutely should consult a Georgia attorney with your situation. But, ordinarily, things like refusing to honor your wishes to release funds for the mortgage, etc. aren't good claims against a trustee by a beneficiary. A Settlor puts money into a trust for... Read more »

1 Answer | Asked in Contracts and Business Law for Georgia on
Q: Can email/text be used to show breach of contract?

I have a broker who drafted a purchase agreement between me and a potential buyer of my business.

The agreement was based on multiple emails and texts which the buyer and I had agreed on terms, conditions and price.

Two days ago she sent an email saying she couldn't sign... Read more »

Glenn M. Lyon
Glenn M. Lyon
answered on Dec 19, 2022

If there was an enforceable agreement, whether orally, via e-mails or through a more traditional written agreement, it depends on the terms of the agreement. If there was not an agreement there cannot be a breach.

1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for Georgia on
Q: Can a title specialist / financial operations manager notarized customer paperwork?

Based on this state law below, can a title specialist / financial operations manager notarized customer paperwork:

It is lawful for a notary who is an employee, officer, director or stockholder of a bank or corporation to take the acknowledgment of any party to any written instrument... Read more »

Michael D. Birchmore
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Michael D. Birchmore
answered on Dec 7, 2022

Certainly. A prohibition would apply be where the Notary Public had some form of ownership interest in the business or the transaction itself.

1 Answer | Asked in Contracts and Civil Litigation for Georgia on
Q: I am having difficulty receiving a refund that is owed from a previous auto ins policy.. is there anyone who can assist?

I am having difficulty receiving a refund that is owed from a previous auto ins policy.. is there anyone who can assist? The policy was cancel because I moved to a new state. I am owed a refund and I am yet to receive it, almost 3 months. I have been given a run around. I am wondering if there is... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 25, 2022

A Georgia attorney could advise best, but your question remains open for four weeks. Yes, there are attorneys who can help you - an experienced civil litigation attorney could handle something like this. But based on the size of the refund, you might be able to save money by handling the matter... Read more »

1 Answer | Asked in Contracts, Personal Injury and Legal Malpractice for Georgia on
Q: is there a time limit in Georgia for serving interrogatories?
Michael W. Horst
Michael W. Horst
answered on Sep 28, 2022

The Uniform Superior Court Rules, which apply in both Georgia state and superior courts, provides the answer. Specifically, Rule 5.1 provides that in order for a party to utilize the court's compulsory process to compel discovery, any desired discovery procedures, like interrogatories, must... Read more »

1 Answer | Asked in Contracts for Georgia on
Q: How strong is a verbal agreement with strong circumstantial evidence in Georgia?

Business acquired new name with only my name on it. Business account is in my name only. Partner started business two years ago but went in the red and I came in as an equal partner to save it. When I came in there was no assets or money in the business. The lease is in her name only for the... Read more »

Glenn M. Lyon
Glenn M. Lyon
answered on Sep 15, 2022

With a few exceptions that don't apply to your situation, oral agreements are as enforceable as written agreements. However, proving the existence of the agreement and its specific terms is the hard part. Whether you have a good chance of enforcing the agreement is a fact question that... Read more »

1 Answer | Asked in Contracts and Copyright for Georgia on
Q: I am an author and I am looking to sell licensing rights to my book. Is the first step to register the copyright?

And then once it is registered as a copyright would the next step be to draw up a contractual agreement with the person who wants to buy the license? Or is there a premade license that the person can buy?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jul 30, 2022

It would be prudent for an author to register the copyright in the unpublished work before offering it for publication.

Established publishers have their own forms of agreement to acquire the rights to publish books, with a variety of terms regarding how and when the author is compensated....
Read more »

1 Answer | Asked in Contracts for Georgia on
Q: Who is responsible for any damage ? And who’s home insurance will have to foot the bill ?

I rent a home and a tree fell onto a neighbors car (no negligence)but by natural causes as it was thunderstorms the previous days and that night. They also parked in front of my home but technically that side of the street is public parking also.

Tim Akpinar
Tim Akpinar
answered on Jul 25, 2022

A Georgia attorney could advise best, but your question remains open for a week. If the homeowner carrier determines the claim is valid, they could be the primary source of coverage. If they assert any defenses upon a closer investigation, the auto policy could be an option, depending on its scope... Read more »

Q: Can i get an attorney to sue a record label for copies of my catalog & portfolio without a copy of my contract?

Well i signed a distribution deal with the label 80/20% cut and i own all Masters and music i created for 5 albums to be distributed over 5 years 2014 . i only have given And released 4/5 before i lost contact with them _ them = the label . i have had head trauma after signing to where i forgot... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 21, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. You could continue to await a response, but there is a category here, Entertainment/Sports Law. You could try reposting and adding that as a category. There's no guarantee all posts are answered, but attorneys... Read more »

1 Answer | Asked in Contracts, Family Law and Small Claims for Georgia on
Q: Can I file a case in small claims court if one parent will not split the medical cost?

I have a CS order that state medical cost are to be split 50/50. I am looking for a judgement for repayment.

Homer P Jordan IV
Homer P Jordan IV
answered on May 2, 2022

You may be able to do that. Contact your local court to inquire about the process.

1 Answer | Asked in Contracts for Georgia on
Q: How do I sign a travel permit that allow my child to travel but also hold them accountable due to negligence,if occured?

I have a travel permit form and after signed, it allows the company to take my child to and from field trips, however, it also excludes them from being held liable for any accidents or misfortunes while transporting. I want to signed it but also state if there is any negligence, yes, they will be... Read more »

Glenn M. Lyon
Glenn M. Lyon
answered on Mar 1, 2022

You would need to propose changes to the terms of the agreement and submit them to be either accepted or rejected by the travel entity.

1 Answer | Asked in Contracts and Civil Litigation for Georgia on
Q: Partner Financed vehicle, allowed me to make payments for 8 months. Without reason, came and reclaimed vehicle.

Refuses to return the vehicle and continue to deal, and refuses to give me any money back that have been paid into the vehicle. It was financed in their name. Verbal agreement on me keeping the vehicle and making payments.

Cory D. Raines
Cory D. Raines
answered on Feb 26, 2022

Since there is no written contract about the essential terms of you all's verbal agreement, then much more information will be needed to better answer your question. Whether there are any written communications (text messages, emails, etc.) that indicate an understanding between you all. I... Read more »

1 Answer | Asked in Consumer Law and Contracts for Georgia on
Q: When a plaintiff uses the Sherriff to serve a defendant and, garnishee, do they still need to file a certificate of serv

When a plaintiff uses the Sherriff to serve a defendant and, garnishee, do they still need to file a certificate of service with the court? The court has uploaded the sheriff's entry of service showing the dates the plaintiff and garnishee were served... Just trying to see if I need to... Read more »

Cory D. Raines
Cory D. Raines
answered on Jan 30, 2022

Good question. Like any other magistrate court claim, when you initially file suit and request the marshal's or sheriff's department to serve the defendant, you are required to fill out a form called the "marshal's entry of service" or something similar to that. Once a... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Georgia on
Q: How do I file for a motion for dismissal of civil claim? Plaintiff has lied. Contract give us both same responsibility

He has filed a claim as if he had o responsibility, even tho our contract says different

Cory D. Raines
Cory D. Raines
answered on Jan 23, 2022

Without more information on the circumstances surrounding the dispute, a complete answer cannot be given. However, filing a motion to dismiss can be done for a variety of reasons and is case specific. Therefore, It is highly recommended that you contact an attorney that specializes in civil suits.... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Georgia on
Q: I hired a management company but fired them. I sold the house shortly there after. Now they want 3% commission

they did not market the house nor did they locate the tenant. I did not sell the house to the tenant or anyone related to the tenant but to an investment company. Are they entitled to this commission payment? Area of question is Atlanta GA

Glenn M. Lyon
Glenn M. Lyon
answered on Jan 18, 2022

It depends on the terms of the agreement with the management company. Sometimes the agreement will state that they still earn a commission if the house sells within a certain time even if the agreement has been terminated. Have an attorney review the terms and advise of your options.

2 Answers | Asked in Contracts and Real Estate Law for Georgia on
Q: Can I back out of a partnership real estate deal where the partners don't own title to the house

I want to back of this deal now and give them their money back. Purchased a house to flip in my name, worked on the deal 1 year 1/2. 2 friends wanted to flip too. I told them I had a house I had been working for for 1 1/2. The 1 friend put in $16,000 to buy the house and quiet the title. The... Read more »

Glenn M. Lyon
Glenn M. Lyon
answered on Dec 16, 2021

With a few exceptions that likely don't apply here, oral agreements are enforceable as long as you can adequately prove the elements of the contract. As such, just based on the fact that the agreement was not written would not give you the right to void the agreement. Otherwise, your rights... Read more »

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1 Answer | Asked in Contracts and Civil Litigation for Georgia on
Q: How do I answer a complaint?

A contract was signed and broken. A new contract was made, and implemented with automatic payments, then I received a summons.

Glenn M. Lyon
Glenn M. Lyon
answered on Dec 8, 2021

Generally, you must file an answer with the court within 30 days of when the summons and complaint were officially served on you. As far as what to include in your answer, that is certainly too complicated for an online Q&A forum. Retain a litigation attorney and they will advise you on how... Read more »

2 Answers | Asked in Business Law, Contracts and Trademark for Georgia on
Q: Hello, I am interested in acquiring an already existing trademark. How would I go through the process of buying the TM?

I want to purchase the rights to ownership of this trademark:

Serial # "78338468", Registration # "3204956", Status "710 - Cancelled - Section 8".

Marcos Garciaacosta
Marcos Garciaacosta
answered on Nov 30, 2021

You need to visit and consult with an attorney.

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