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Illinois Contracts Questions & Answers
2 Answers | Asked in Constitutional Law, Contracts and Entertainment / Sports for Illinois on
Q: I volunteerd w/ a nonprofit for adults w/ disabilities a place to make music. Shouldn't I get free CDs of music we made?

I wrote the music and helped them write words. They pressed up copies and won't well them to me at cost. I never gave permission to use any of the music I made and wrote. When I asked to buy copies st cost, they said no. That I would have to buy them. The concerts we all played made the money... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Apr 7, 2024

In situations where multiple individuals collaborate on creating music, it's crucial to establish clear agreements regarding ownership, distribution, and compensation. If you've contributed to the creation of music and lyrics but haven't given permission for their use, you may have... View More

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2 Answers | Asked in Constitutional Law, Contracts and Entertainment / Sports for Illinois on
Q: I volunteerd w/ a nonprofit for adults w/ disabilities a place to make music. Shouldn't I get free CDs of music we made?

I wrote the music and helped them write words. They pressed up copies and won't well them to me at cost. I never gave permission to use any of the music I made and wrote. When I asked to buy copies st cost, they said no. That I would have to buy them. The concerts we all played made the money... View More

James L. Arrasmith
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answered on Apr 8, 2024

From what you've described, it does seem reasonable that you should be able to obtain copies of the CDs containing music you wrote and helped create, either for free or at cost. Here are a few key points to consider:

1. Copyright: If you wrote the music, you likely own the copyright to...
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1 Answer | Asked in Contracts, Estate Planning and Probate for Illinois on
Q: I have a loan, the loaner passed away. Beneficiary is handing his estate and now want the checks made out to them.

I have a loan contract that the loaner passed away a few months ago. The person handling the estate just informed me that they are having issues cashing my checks that are made out to the deceased name. Now they want me to write the checks in their name going forward. They did not open a bank... View More

Nina Whitehurst
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answered on Apr 3, 2024

It is very perilous for you to do what they are asking! What if they are lying about who the proper heir(s) is/are? You could give them a lot of money and then when the proper heirs come along you have to pay the real heirs all over again. Don't do it!

Keep making the checks payable...
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1 Answer | Asked in Consumer Law, Contracts, Intellectual Property and Trademark for Illinois on
Q: Can I create an educational songwriting class that's called something like: Taylor Swift-inspired Hit Songwriting Class?

I'd like to create a songwriting class that teaches hit songwriting techniques used by pro songwriters such as Taylor Swift. I'd like to call the class:

"Taylor Swift-influenced Hit Songwriting Class" (or)

"Taylor Swift-inspired Hit Songwriting Class"... View More

James L. Arrasmith
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answered on Mar 7, 2024

Using a celebrity's name in an educational course title can be tricky, as it may raise concerns about intellectual property rights and potential false endorsement. However, there are ways to reference Taylor Swift's name in your course title that are more likely to fall under fair use for... View More

1 Answer | Asked in Contracts for Illinois on
Q: Hello,Can a contractor charge 100% cancellation fee for a service?

I ordered 2 doors for 12K. I needed to cancel or prospered since my husband was in a car accident. The Vendor Cancellation Policy was 100%

They said they will charge me 12K either way, cancel or install. Is that legal?

James L. Arrasmith
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answered on Feb 23, 2024

Hello! The legality of a contractor charging a 100% cancellation fee depends on the terms of the contract you agreed to when you placed the order and the consumer protection laws in your jurisdiction. If the vendor's cancellation policy explicitly states a 100% fee and you agreed to these... View More

1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Q: A contractor and I did a real estate investment for 15k and 30 k was given after the sale . No response back run off.

I run off with my money, n I have texts messages of the deal .

James L. Arrasmith
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answered on Jan 11, 2024

In your situation, where a contractor has taken your money without fulfilling their part of a real estate investment deal, you have several legal options to consider. The text messages you have can serve as evidence of the agreement and the contractor's obligations.

First, you may...
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3 Answers | Asked in Contracts, Business Law, Civil Litigation and Collections for Illinois on
Q: Good morning. What is the penalty for breach of contract?

Our group sold a home health agency to another group. Our contract stated the price and monthly payment schedules. The other group has paid us a downpayment but has since missed monthly payments for over a year now. The other group is insisting that we lower the price from what was agreed upon.... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jan 8, 2024

In Illinois there is no penalty for breaching a contract. In fact, Illinois law expressly allows a party to breach a contract. However, once a party breaches, it is obligated to make the other side whole. Meaning that the benefit of the contract must still be given to the non-breaching party.... View More

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1 Answer | Asked in Education Law, Employment Law and Contracts for Illinois on
Q: I work in Cook county as a secondary teacher for a private school and want to break my contract.

I have health issues and was not informed that I would be teaching in a building with poor HVAC. Most days of the week I experience headaches and spend most of my free time recuperating. My contract requires a 3 month notice. I am looking for a position outside of teaching with a better work... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Jan 3, 2024

I'm sorry to hear about your situation. If you have a diagnosis from a doctor indicating a disability that contributes to your headaches, it's advisable to explore reasonable accommodation options with your employer. Under the Americans with Disabilities Act (ADA), employers are required... View More

2 Answers | Asked in Contracts, Entertainment / Sports and Intellectual Property for Illinois on
Q: I am a start up indie music label. I am currently looking to draft contracts for my artists. Where do I start?

Just not sure where to start as far as contracts. Not really sure what information should be in a contract. This is why I'm seeking legal assistance.

James L. Arrasmith
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answered on Dec 30, 2023

Starting with artist contracts for your indie music label is a crucial step in establishing your business. The first thing to consider is what you want the contract to cover. Common elements include the scope of the rights granted to the label, the duration of the agreement, financial arrangements... View More

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1 Answer | Asked in Contracts for Illinois on
Q: What to do if a seller refuses to sign off on a $10,000 holdback that they breached?

We had a $10,000 holdback agreement if the seller was not moved out of the property by October 31at 11:59pm. The seller was still in the property with movers late in the afternoon on November 1. It’s clear that she breached the agreement but her reasoning for not signing off is it was not her... View More

James L. Arrasmith
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answered on Nov 20, 2023

In situations where a seller breaches a holdback agreement, it's important to first review the specific terms of your agreement. These terms typically dictate the conditions under which the holdback is to be released. If the agreement clearly states that the seller must vacate by a certain... View More

1 Answer | Asked in Contracts for Illinois on
Q: Can I as a contract driver sue a previous trucking company for distress?

A previous company that I drove with, after requesting that I drive a vehicle without ensuring safety sent another driver to pick up truck and I was forced to drive with this unknown man or clear out my truck in under an hour (cancelling my contract). Due to previous trauma in my life I felt... View More

Tim Akpinar
Tim Akpinar
answered on Oct 1, 2023

An Illinois attorney could advise best, but your question remains open for a week. It could depend on the nature of the safety issue and the reasonableness of your reluctance to drive, among other factors. You would need to reach out to local attorneys to try to set up a free initial consult for a... View More

1 Answer | Asked in Contracts and Construction Law for Illinois on
Q: Do we need to pay contractor if he didn't give a quote before purchasing expensive light fixtures?

We hire a contractor to remodel our house before listing for sell. After he finished the work on the contract, our broker suggested us to replace some light fixtures. We agreed to do that. However, the contractor never give us a quote on this. A few days later, our house was under contract and we... View More

Charles Candiano
Charles Candiano
answered on Sep 13, 2023

Worker's Compensation is a highly specialized area of law that concerns itself with work-related injuries. This is not that. Here, your broker requested that certain light fixtures be replaced. You contacted the contractor (who had already remodeled your house and whose work you were... View More

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Illinois on
Q: How do I get my money back from someone who tricked me into investing into his businesses. How can I sue?

I was told that I was a partner and would start seeing a return on the investment and was manipulated into giving money. I need to know my options as far as if I can recover some of my money back or if there's any alternatives that would allow me to get out of this business venture.

Gary S. Weiss
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answered on Aug 3, 2023

The facts you stated may give rise to a cause of action for common law fraud and statutory fraud, pursuant to the Illinois Fraud and Deceptive Practices Act. You may be entitled to obtain an award of your actual damages and for the attorney's fees and costs you incur.

You may also...
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1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Illinois on
Q: My son is not renewing a lease. The roommate is renewing but refuses to pay my son his rightful half of the deposit.

My son is renting an apartment with one roommate. The lease they both signed includes a $995 deposit which they each paid half $477.50. The lease ends May 31, 2023. My son is going to move out May 31. His roommate has decided to stay in the apartment and resign the lease with my sons name deleted... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on May 31, 2023

Sorry to hear about your son's situation. Consulting an attorney on this may not be worth the money unless your son wants to prove a point or he can find a low flat rate for the legal work.

Your son should consider the following:

(1) Review the lease and document: Carefully...
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1 Answer | Asked in Contracts and Consumer Law for Illinois on
Q: If a dealership forgets to charge your $$ down and signed the contract already do you pay it or can I return the car?

Purchased a vehicle in IL over the wknd. I and they forgot about the $$ down payment. I signed the contracts. They called me up to request I pay it. Can I legally return the vehicle or do I have to pay the $$? I have it, just having buyers remorse and thought this might be a legal opportunity to... View More

Demitrus Thomas Evans
Demitrus Thomas Evans
answered on May 2, 2023

Thank you for the questions. I can't be certain unless I have read the contract. Did you read it in detail? Are there parts that you do not understand?

When you look closely at what they did charge you sure that the downpayment was not included?

People will ask me "How...
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2 Answers | Asked in Business Law, Contracts and Employment Law for Illinois on
Q: Employee Non-Competition and Confidential Information Agreement" enforcement.

Back in 2002, I signed a "Employee Non-Competition and Confidential Information Agreement" with my employer, which is a tire dealer. In 2004 I resigned from this company and worked for a another company about 25 miles away from my previous employer that I resigned from. It was also a tire... View More

T. J. Jesky
T. J. Jesky
answered on Apr 16, 2023

Short answer: No. An employer cannot unreasonably stop you from making a living. Generally, if you sign a Employee Non-Competition and Confidential Information Agreement, it is valid for no more than two years. I have yet to hear of any Court enforcing such a document if it states in the... View More

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2 Answers | Asked in Business Law, Contracts and Employment Law for Illinois on
Q: Employee Non-Competition and Confidential Information Agreement" enforcement.

Back in 2002, I signed a "Employee Non-Competition and Confidential Information Agreement" with my employer, which is a tire dealer. In 2004 I resigned from this company and worked for a another company about 25 miles away from my previous employer that I resigned from. It was also a tire... View More

Eva Zelson
Eva Zelson
answered on Apr 19, 2023

To answer with 100% certainty, an employment lawyer would need to review the terms of the original agreement. However, most non-competitive agreements are valid for a two year period. Given that the document is now more than twenty years old, it is likely unenforceable. Again, for absolute... View More

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1 Answer | Asked in Construction Law and Contracts for Illinois on
Q: What is the best legal action to motivate a contractor to complete a project and what are our rights as homeowners?

Currently in the middle of contract for a home addition that was signed December 2021. The project officially began 2/9/22, blueprints were finalized 6/24/22, and permit were pulled 7/29/22. At this point I would say the project is about 40% done. We have paid 90% of the contract. After the... View More

Frederick A. Lurie
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Frederick A. Lurie
answered on Apr 14, 2023

Under Section 5 of the Mechanics Lien Act, the contractor is required to provide you with a sworn statement listing all the subcontractors, their trades and contract amounts before any money is due if you request the information. The statute provides:

"It shall be the duty of the...
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1 Answer | Asked in Contracts, Criminal Law, Employment Law and Tax Law for Illinois on
Q: Hi. My previous employer used my SSN for another guy with almost the same Name as mine and I came to know about it when

I received tax document in my mail box. Can I file a law suit & if yes who.

James L. Arrasmith
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answered on Mar 4, 2023

Yes, you may be able to file a lawsuit for identity theft or fraud against your previous employer for using your Social Security number for another person. You should consult with an attorney who specializes in identity theft and employment law to evaluate your options and help you pursue any legal... View More

1 Answer | Asked in Employment Law and Contracts for Illinois on
Q: My former employer signed a written agreement not to continue giving me a bad reference. Is this agreement legal?

I had a lawyer for a reference checking company handle the situation. The lawyer sent the employer a Cease and Desist letter. The company agreed to only provide date of hire, departure, and title of position. The employer sent the lawyer a signed agreement - to avoid getting sued for giving... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Mar 2, 2023

Based on the information provided, it appears you have a breach of contract case. If the relevant deadlines for acting on such a claim have not passed, you can sue the employer for breach of contract.

However, it does not appear you'd have a separate action for the cease and...
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