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Hawaii Contracts Questions & Answers
1 Answer | Asked in Contracts and Real Estate Law for Hawaii on
Q: My client who owns a home in the County of Hawaii passed away. The deed is only in his name and his wife wants to sell.

How do we get authority to sell and do we need to go through probate if there is not a will in place?

Tim Akpinar
Tim Akpinar answered on Dec 11, 2020

A Hawaii attorney could best advise, but your post remains open for four weeks. You may want to repost this and add the categories Probate and Estate Planning. There's no guarantee that every question is picked up, but you could have better chances of a response with those additional... Read more »

1 Answer | Asked in Contracts for Hawaii on
Q: I work for a banquet facility. Is a drawn up banquet agreement legal and binding? Will it hold up in court?
Tim Akpinar
Tim Akpinar answered on Sep 17, 2020

A Hawaii attorney could advise best, but your question remains open for two weeks. As a GENERAL matter, if a contract is valid, it should be legal and binding. If it's a standard contract that has been used for years without being challenged and it contains the requirements of a valid... Read more »

2 Answers | Asked in Civil Litigation and Contracts for Hawaii on
Q: Can I oppose a motion to transfer from Hawaii small claims court to circuit court ?

I sued for $5,000 for failure to pay for hourly labor and equipment. He's counter suing for $96,000 , and has filed a motion to transfer to circuit court. This is for work preformed on a sailboat

Tim Akpinar
Tim Akpinar answered on Jul 26, 2020

A Hawaii attorney would be able to advise best, but your question remains open for three weeks. To remove from state court to federal district court, the party would generally need to establish a basis for subject matter in federal court. You could review the paperwork with a Hawaii attorney. That... Read more »

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1 Answer | Asked in Contracts, Government Contracts, Intellectual Property and Land Use & Zoning for Hawaii on
Q: Can I hire a paralegal instead of a lawyer for a lawsuit
Tim Akpinar
Tim Akpinar answered on May 23, 2020

Someone familiar with the rules governing paralegals in Hawaii should answer your question, but your post remains open for four weeks. As a general matter without regard to jurisdiction, paralegals can perform many functions, such as research, preparing forms, investigating claims, etc. Paralegals... Read more »

1 Answer | Asked in Consumer Law and Contracts for Hawaii on
Q: I financed my vehicle through a dealership that was in cahoots with the financing co. In 2014. W/ 3 lawsuits

I have kept all my paperwork, payments everything and I recently found that 4 different states filed class action lawsuits against santander at least 3 of the, describe my situation and I can prove it all

Can I too file a lawsuit against the financing co and/or the dealership for the 1... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 30, 2019

If you really found four different states that filed class actions against a dealership, three of which sound like they are after the same relief you are you may have more (and cheaper) options than trying to sue them yourself. Try calling one of the law firms involved in the three similar cases.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Hawaii on
Q: How often can a landlord access a tenants home before it's considered abusing their rights to enter?

I've been living in the residence for 9 mo and the owner has decided to sell. I have 3 months left on my contract and the owner all ready has 3 private viewings and an open house planned this week. In addition, the real estate agent hired by the homeowner plans on having an open house every... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2019

Reading between the lines of this question it appears clear that you were told upfront that the owner was going to sell the house they rented to you--because your lease has a clause in it that specifically authorizes the owner to show the place to prospective buyers. Turning to the several... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Hawaii on
Q: Can an appeal be reversed and how many days do I have for a writ? Can the appeal be dismissed? Case be retried?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 20, 2019

You have stated no operative facts and asked four very different questions--all of which collectively might require a lawyer several hours to figure out and try to respond. No thanks.

1 Answer | Asked in Contracts, Lemon Law and Products Liability for Hawaii on
Q: I bought a car from a seller (LLC) and same day found defects he did not disclose, that I believe were known.

The seller and I both signed a bill of sale that stated the seller will disclose any known issues that would affect the condition or drive-ability of the vehicle. He did show an external fan switch but claimed it was due to "common fan problems in jeeps". The seller claimed "no... Read more »

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

You certainly have enough reason to want to sue the seller; However, since it sounds like the car you purchased was made for off-road operation, I am certain that the seller will dispute everything you said and will blame the breakdown on your "driving (the Jeep) at freeway speeds for an... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Hawaii on
Q: Can a tenant terminate a commercial lease in hawaii if the business got robbed twice in 1 year?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 15, 2019

The answer is contained in the terms of your written lease.

1 Answer | Asked in Business Formation, Business Law, Contracts and Personal Injury for Hawaii on
Q: Do I need to have insurance if my online personal training client signs a liability release form and informed consent?

I am starting an online personal training and nutrition programming business, I am wondering which legal documents are required to protect me and if I need insurance if I have the client sign the correct documents.

Peter N. Munsing
Peter N. Munsing answered on Feb 6, 2017

I hope you had a professional in insurance defense look at your release and waivers. The problems inherent in your business if you are doing nutrition, excercise, don't necessarily review doctor reports, especially if you don't have a degree in either are daunting. Insurance, being a... Read more »

1 Answer | Asked in Contracts for Hawaii on
Q: I have a client that wants to cancel contract because she is moving, do i have to let her go?
Zaher Fallahi
Zaher Fallahi answered on Nov 18, 2013

If she can prove unconstitutionality, impossibility, misrepresentation, mistake, incapacity, fraud, she may rescind the contract.If you consent, she is Scott free and can leave.

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