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Georgia Contracts Questions & Answers
1 Answer | Asked in Contracts and Business Law for Georgia on
Q: I have non profit that is renting a space from a church I'm signing MOU that states partnership. Does this make us partn

There's a line on our MOU that states partnership. Does this mean that the church will have access to our business

Glenn M. Lyon
Glenn M. Lyon
answered on Nov 3, 2023

It depends on what you mean by "access," but either way you should revise the MOU to remove that language and specifically disclaim any type of partnership with the church, including limited partnership, limited liability partnership, etc.

1 Answer | Asked in Contracts for Georgia on
Q: Is a document considered legally binding if it s signed by a pseudonym and there was no disclose to the other party.
T. Augustus Claus
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answered on Oct 27, 2023

In general, for a document to be legally binding, the signatures on the document must be made by individuals using their true and legal names. Using a pseudonym, without disclosure or agreement by the other party, can raise questions about the validity and enforceability of the document. For... View More

1 Answer | Asked in Civil Litigation and Contracts for Georgia on
Q: If lease says I need to give a 60 day notice to vacate can I submit a 30 day notice to vacate?

The landlord gave us a 60 day notice to vacate which would extend our rental lease by 10 days after we verbally informed them we wouldn’t be extending. Can I submit a 30 day notice to vacate and refuse to pay the extended lease?

Glenn M. Lyon
Glenn M. Lyon
answered on Oct 27, 2023

It depends on the terms of your lease.

1 Answer | Asked in Insurance Bad Faith and Contracts for Georgia on
Q: Can my home owners policy be cancelled if it’s an open claim?

I provided a new form of payment method to cover the payment via their portal. Their portal did not update to reflect the cc on file and yet my payment was not paid due to their portal error. They refuse to correct this issue. Now I am being penalized for their negligent!

Tim Akpinar
Tim Akpinar
answered on Oct 14, 2023

A Georgia attorney could advise best, but your question remains open for a week. An attorney may want to examine the matter in more detail, in terms of the set-up of the portal, your actions, their actions, and other possible factors. You could try to arrange a free initial consult with a local... View More

1 Answer | Asked in Contracts, Copyright and Admiralty / Maritime for Georgia on
Q: Hello what form do I need to present to an organization to take my strawman back after unknowingly entering in contract

I looked up a denial of rights of access form and was gonna just replace enlgland with USA and my name instead of address. Will this work?

Tim Akpinar
Tim Akpinar
answered on Sep 28, 2023

It isn't fully clear by what is meant by entering a contract unknowingly. At any rate, an attorney is probably going to want to see the contract you entered into. It sounds like you may have designated someone to act on your behalf in a contract or the formation of an entity, but that's... View More

1 Answer | Asked in Consumer Law and Contracts for Georgia on
Q: I am looking for lawyer working with consumer law and contracts preferably with experience in automotive transactions.

bought vehicle through driveway.com and ifnnacing and they have issues witih titeling

T. Augustus Claus
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answered on Sep 27, 2023

If you're looking for a lawyer experienced in consumer law and automotive transactions, you might want to consult local bar association directories or online legal platforms to find an attorney. Sites like Avvo, Martindale-Hubbell, and your state's bar association could be helpful in your search.

1 Answer | Asked in Contracts, Real Estate Law and Small Claims for Georgia on
Q: Who has recent experience in Ga. Superior court re: HOA dispute
Tim Akpinar
Tim Akpinar
answered on Sep 27, 2023

A Georgia attorney could advise best, but your question remains open for a week. It looks like you're searching for an attorney. In addition to your own searches, there's a tab above - Find a Lawyer. There are also attorney referral sections at the websites of many state and local bar... View More

2 Answers | Asked in Bankruptcy, Business Law, Contracts and Tax Law for Georgia on
Q: I own a condo in a business name and my business partner is considering filing bankruptcy, would we need to sell condo?

So that I am not impacted, would we need to sell the asset in order to not have it taken in a bankruptcy? Are there any other impacts to me if my business partner goes through with this?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 8, 2023

Yes, there are "impacts" that concern you (I currently represent a debtor in a Ch. 7 who has been a general partner in a small business construction company which has had a non-bankrupt general partner as well).

A general partner is personally liable for the debts of a...
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3 Answers | Asked in Contracts, Real Estate Law, Civil Litigation and Small Claims for Georgia on
Q: I need to file a lis pendens/lien and civil case in Rockdale County, GA. I'm not sure exactly what forms to use.

I loaned money to a client to close on their home. He assured me that I would be repaid by 7/27/23. He signed a promissory note. He has not repaid me. I have been informed that he is possibly going to sell the property.

Jennifer Pierce
Jennifer Pierce
answered on Sep 8, 2023

If your note was accompanied by a Security Deed against the property, you can initiate foreclosure proceedings to force him to pay, otherwise you get the property. If you have the note only, you will need to sue on the note after making proper demand, if required by the note. Contact a Georgia... View More

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1 Answer | Asked in Contracts, Civil Litigation, Civil Rights and Collections for Georgia on
Q: I have a title loan and I'm halfway paying it. The interest rate is 59%. Is that rate illegal?
T. Augustus Claus
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answered on Sep 4, 2023

Georgia has strict regulations on title loans. Interest rates for title loans in Georgia are capped at 25% per month (which is roughly equivalent to 300% annually). Therefore, if your title loan has an interest rate of 59%, it would likely be considered illegal under Georgia law.

1 Answer | Asked in Contracts for Georgia on
Q: An agreement signed John Doe dba newco. Is John Doe personally liable?
John Michael Frick
John Michael Frick
answered on Sep 2, 2023

Yes. “dba” indicates that newco is a sole proprietorship. Therefore it is just like doing business with the owner as an individual.

There is no organizational entity like a corporation or limited liability company.

1 Answer | Asked in Contracts, Civil Litigation and Landlord - Tenant for Georgia on
Q: Handling a holdover tenant in GA. Can we disconnect internet or is that considered a utility? Best advice for removal

.

Tim Akpinar
Tim Akpinar
answered on Aug 18, 2023

A Georgia attorney could advise best, but your question remains open for two weeks. You could try reposting and adding Landlord-Tenant as a category. Some questions remain unanswered, but you might have better chances of a reply with the new heading. Good luck

1 Answer | Asked in Consumer Law and Contracts for Georgia on
Q: Can I sue if I went to go apply for a apartment and they told me it would be a soft inquiry but it ended up being hard

I went to apply for a apartment I email and made sure to ask if it would be a hard or soft inquiry they said soft but lied and ended up being hard and the company that ran my credit won’t dispute it because I signed

T. Augustus Claus
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answered on Aug 10, 2023

If you were explicitly told that your credit check for the apartment application would be a soft inquiry and it turned out to be a hard inquiry, you might have grounds for a complaint. A soft inquiry does not typically impact your credit score, while a hard inquiry can.

To pursue this, you...
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1 Answer | Asked in Contracts for Georgia on
Q: I rented a trailer from U-Haul, July of 2022. It has been left on my property. When is it mine?

We have spoke to them, left voice mails multiple times.

James L. Arrasmith
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answered on Aug 6, 2023

Regarding your situation with the rented trailer from U-Haul, the ownership rights and responsibilities would typically be outlined in the rental agreement and governed by the terms and conditions set forth by U-Haul. To determine when the trailer becomes yours or to address any issues, I recommend... View More

1 Answer | Asked in Contracts and Real Estate Law for Georgia on
Q: In the state of Georgia, is it required that I remove my deceased husband's name for our house deed if we are joint

tenants with right of survivorship.

James Clifton
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James Clifton
answered on Jul 23, 2023

You will not need to remove his name until you are ready to sell the property. To remove his name, you will only need a survivorship affidavit and a certified copy of his death certificate.

1 Answer | Asked in Contracts, Real Estate Law, Civil Rights and Federal Crimes for Georgia on
Q: My boyfriend and i signed rent to own papers and paid the house off. Owner forged his name left mine off the deed. Legal

They quick claimed it without my knowledge and without my name being added.

Anthony M. Avery
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answered on Jul 14, 2023

If you were a signature party to the land contract, then you sue the seller/grantor for breach of contract. Hire a GA attorney that does real property litigation. A Notice Lis Pendens will need to be filed. All interested parties must be defendants (besides you) for setting aside the Deed or... View More

1 Answer | Asked in Contracts, Business Law and Mergers & Acquisitions for Georgia on
Q: What is a business trust? And how does one purchase a business that is owned by a trust and an individual? Thanks
T. Augustus Claus
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answered on Jul 7, 2023

A business trust is a legal entity that holds and manages property or assets for the benefit of beneficiaries. It is formed through a trust agreement, where a trustee holds legal title to the assets and manages them according to the terms of the trust.

When purchasing a business owned by a...
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1 Answer | Asked in Contracts for Georgia on
Q: Hey I'm in a walk away lease with a mega carrier and I have been to the shop multiple times the problem doesn't be fixed

And they hold me in the shop 3 to 4 weeks with no pay so I have to cover 2 bills for the same problem what can I do? My lease is paid off but I can't get the maintenance bill done

T. Augustus Claus
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answered on Jul 6, 2023

In situations where you're facing ongoing maintenance issues with your leased vehicle and the carrier is not addressing them adequately, it's important to review the terms and conditions of your lease agreement. Look for provisions related to maintenance and repairs, as well as any... View More

1 Answer | Asked in Civil Litigation and Contracts for Georgia on
Q: Doing the 2020 COVID 19 Life Storage in Columbus Georgia stole or the employee Weekend of July 3,2020 during this time
Tim Akpinar
Tim Akpinar
answered on Jun 26, 2023

A Georgia attorney could advise best, but your post remains open for two weeks. It looks like part of the question may have gotten left off. Good luck

1 Answer | Asked in Consumer Law, Contracts, Construction Law and Small Claims for Georgia on
Q: A non-licensed conditioned air contractor mis-wired my heat pump. I refused to pay him. I had to rewire it myself.

How much must I pay him for the part he did properly?

John Michael Frick
John Michael Frick
answered on Jun 20, 2023

You must pay him the customary and usual fee for the part he did properly.

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