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Indiana Contracts Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Small Claims for Indiana on
Q: signed up for dance lessons in Jan through May. I paid in advance.they refuse to give me partial refund

Signed up in january- for classes once a week until end of may.

They switched to online classes but since i have hardwood floors and not a lot of space and i was doing tap dance i asked for a refund, they said this was not to be inplace of a dance class. that it was just to keep your body... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 11, 2020

An Indiana attorney could answer best, as consumer issues could involve state law. But as a general matter of contract law, it could depend on how the agreement was written, in terms of how it addressed certain unforeseeable or foreseeable intervening events. These types of situations have... Read more »

1 Answer | Asked in Business Law and Contracts for Indiana on
Q: Can my husband sue for breach of contract and possible discrimination?

Last year my husband signed a 2 year painting contract with a possible 2 more years of work with a retirement facility. According to my husband in the contract it states if they choose to let him go they need to give him 3 months notice. As of now we can't find the contract, but he believes... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 2, 2020

An Indiana attorney could advise best, but your question remains open for two weeks. Anyone can bring a lawsuit. But it would be useful to have the contract beforehand. A reputable attorney would want to see the contract to determine if there was a breach, and to also make certain there... Read more »

1 Answer | Asked in Consumer Law, Contracts and Insurance Bad Faith for Indiana on
Q: Policy coverage dispute question: I cancelled my homeowner's insurance the same day I bought a new policy...

The new company could not insure me until 12:00 a.m., meaning the next day. The acknowledgement of cancellation from the prior company states my policy is cancelled at 12:01 a.m. the day I cancelled which is technically before I cancelled. My mortgage company is requiring proof of insurance for... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 14, 2020

Unfortunately, the use of those figures alone, as a general practice, could leave too much open to interpretation. If possible, it might be best to have them clarify in writing what the last full day of coverage is and what the first full day of coverage is with the respective carriers, rather than... Read more »

1 Answer | Asked in Contracts, Family Law, Child Custody and Civil Litigation for Indiana on
Q: How do I obtain previously recorded phone calls of myself when I was incarcerated in order to use them in court?

I'm trying to obtain a transcript or audio of these calls and have been informed Indiana law allows me to as they are public record.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 5, 2020

In Florida all you have to do is ask in writing.

1 Answer | Asked in Business Formation, Business Law and Contracts for Indiana on
Q: Is it legal to use art for commercial use from a minor, if said art was bought as a comission?

We're making a show, and for the show we need art, we have a very talented artist that wants to help us but the problem is they are underage. We're wondering is it possible to use the art from the minor for commercial use if we bought it as a commission? If not, would we have to end up... Read more »

Barbara Berschler
Barbara Berschler answered on May 17, 2020

When you say "use" the art, what do you mean? You are able to resell a painting, like you could resell a book. However, buying the item does not give you rights in the copyright associated with the work.

Because a minor is involved, you need to tread carefully. Minors are not...
Read more »

1 Answer | Asked in Contracts for Indiana on
Q: I got married in August of 2018 where I contracted and paid a business to film our wedding day.

Within the contract it stated that our film would be returned to us within 7 weeks following our wedding. It has now been 8 months. By law is the business required to refund my money as they did not meet contracted agreement?

Charles Candiano
Charles Candiano answered on May 7, 2020

You need to read the contract. Whatever it states is what you agreed to as "the law." If the contract states that "video shall be provided to customer on or before October 1, 2019. Failure to do so entitles customer to demand a full refund..." or words to that effect, you... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Indiana on
Q: Hi! Lease is up March 30th. New rental fell through. What are options if they will not rent monthly?

Tenant is pregnant and due at the same time lease is up. Hoped for apartment fell through. She is actively looking for new rental and very worried. What are her options if they refuse to rent her the apartment monthly until she finds a place? We do not want to take advantage of Them but moving... Read more »

Troy Tyson
Troy Tyson answered on Apr 8, 2020

You should do everything possible to work out a temporary arrangement with the current landlord. If that is not possible and you are forced to stay in the unit, that is known as "holding over," and the landlord will have to initiate eviction proceedings in order to have you removed.

1 Answer | Asked in Bankruptcy, Contracts, Criminal Law and Business Law for Indiana on
Q: Can I sue someone for buying things in my name and bankrupting my business?

I recently started a company with around $80K of my own money as a 65% partner. The partner of 25% bought things in the company name and my personal name without my approval saying she paid for these only to find out months later they haven't been paid for and they're in my name. I have... Read more »

Timothy Denison
Timothy Denison answered on Dec 30, 2019

Yes. You should contact a business litigation attorney to evaluate the situation, including determining whether there are any assets to pursue.

1 Answer | Asked in Consumer Law, Contracts, Copyright and Immigration Law for Indiana on
Q: Can i hire a lawyer and give power of attorney to the lawyer to help with the sale of my Car?

I am asking as I am out travelling outside USA for 3 weeks, to get my Visa stamped on my passport, I would need a lawyer to represent me with the Car sale, if I am unable to return to the USA for some reason

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 3, 2019

In general yes. it will always depend on the attorney.

Many attorneys do not want to get directly involved in transactions of this nature as many things could go wrong.

All you are doing is giving a power of attorney to somebody.

can be a lawyer or anybody else.

1 Answer | Asked in Business Law and Contracts for Indiana on
Q: Does a non-punitive reduction in sales commission invalidate a non-compete agreement?

Hiring offer included base salary plus sales commission for working at a retail store. After one year I was asked to assume all the same duties for two stores. Employer reduced my total commission at each store because "it gives you a disproportionate amount of total commission". My... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 24, 2019

Without seeing your entire employment contract I would think not; however, both the rate of pay and the amount of commission should be included--and is so, this change has violated the contract. So, if you still want to work there I advise you to object to the lowering of your remuneration and... Read more »

1 Answer | Asked in Contracts and Federal Crimes for Indiana on
Q: I am selling a house on contract the buyer is posing as owner of house and has for sale on line

besides breaching contract already by being late on payment a few months can I bring charges against and have them evicted

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 17, 2019

Reading between the lines, it sounds to me like you are selling the house to someone who is renting it from you; is that right? If so, unless the written buy/sell agreement or the written lease prohibit the buyer/renter from doing what he apparently is doing (getting a jump on the situation by... Read more »

1 Answer | Asked in Contracts and Government Contracts for Indiana on
Q: If I signed a contract but they had the complete wrong last name stated for me. Is that valid?

And can you sue someone over a contract if the only information you have about them is their first name. No address, no last name, no anything else.

Tim Akpinar
Tim Akpinar answered on Sep 21, 2019

I can't speak for state-specific requirements for contracts under Indiana law. But your question remains open for a month. As a general legal premise, there are certain fundamental requirements for a contract to be valid, such as the proper identification of the parties, the exactness and... Read more »

1 Answer | Asked in Contracts for Indiana on
Q: We have a contract to buy a home on contract. We have paid it off but the owner refuses to sign over deed. Next step?

We have overpaid the contractual asking price. The seller has taken out an extra mortgage on house. Is threatening to kick us out, If we don't keep paying her. How do we proceed with this and what rights do we have? Contract is signed buy us and the seller and is notarized.

Michael R. Smith
Michael R. Smith answered on Sep 10, 2019

You should consult an attorney for advice on exactly how you want to proceed, but I can give you some general information about this type of case and some of the options you may have. Let's take it a step at a time.

First, to kick you out the seller will need a court order. To do get...
Read more »

1 Answer | Asked in Contracts for Indiana on
Q: 3 years left in my lease but I want out!

I signed a 5 year lease, my landlady is a friend. But if anything needs fixed she sends her son, who by the way is not licensed to do any of it. He usually will show up very late around 8 PM or later to fix things. I get up at 3 AM to go to work each day mind you. Some things that need fixed are... Read more »

Michael R. Smith
Michael R. Smith answered on Sep 9, 2019

I sometimes tell my business clients that they need a lawyer, an accountant, an insurance broker, and maybe a banker and that they should never trust one of them to do the job of another. I tell them I can't tell them what insurance policy to buy, and they shouldn't get their legal... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Indiana on
Q: For Indiana, what is the legal distinction between breach of contract and fraud?

My mother signed a land contract 12/5/2015 to purchase a certain property for $50,000. The contract is now completed, all monies have been paid and she is seeking the deed. Recently my mother has accepted an offer on the sale of the home. She called the seller at this time asking him to meet her at... Read more »

Michael R. Smith
Michael R. Smith answered on Sep 8, 2019

I'm not sure this is a matter for law enforcement. This sounds more like a civil matter than criminal fraud. There might or might not be a civil tort claim for fraud, but the fact that the seller had a lawyer contact your mother makes this sound more like a case of "seller's... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Agricultural Law and Construction Law for Indiana on
Q: Hello we bought a home from a man with a realistate licence we found 16k in mold we cannot find an attorney ti help

We will have to forcloseits if we can't find help this will ruin our family the home is a conventional 97 home ready for a single woman two kids with a cosigner the home is supposed to be habitable and it's not we cannot afford two homes we are supposed to be selling our current home but... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 3, 2019

If you haven't had results in finding someone through the lawyer listings of this site or through your own independent searches, you could try the Indiana State Bar Association. They have lawyer referral resources for the public. Good luck

Tim Akpinar

1 Answer | Asked in Contracts and Landlord - Tenant for Indiana on
Q: My fridge needs a new water filter, and it's not specifically stated on the lease as my responsibility. Who pays?

Landlord considers this "minor maintenance," but again, lease leaves a gray area. It specifically lists light bulbs and furnace filters, but not water filters. Also, replacing filters is good for the long-term health of the appliance they own and provide via the lease, so Indiana Code... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 27, 2019

You raise valid points, but from a practical standpoint, footing the cost of a water filter could be less expensive than the fallout of possible damage to your landlord-tenant relationship. Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Indiana on
Q: If we never signed a lease can we be sued for nonpayment of rent?

The landlord verbally agreed to certain necessary repairs which I have evidence of in text and then backed out several months after we moved in. Things like black mold and leaking roof and floor repairs. We did not sign a lease or verbally agree to a lease. We just paid the deposit and first... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 26, 2019

Unless you pay all the rent you owe the landlord COULD try to sue you--in small claims court. If I were you I would concentrate on moving out ASAP, and not worry about the landlord being unhappy. The outrageous problems you have suffered are more than sufficient to defeat any legal claim for rent... Read more »

1 Answer | Asked in Contracts and Employment Law for Indiana on
Q: Can I break my employment contract if my employer is preventing me from doing my job as a manager?

The owner of the hotel that I work for hired me as General Manager yet does not pay bills on time, overrides my decisions as a manager, and creates a hostile work environment for my employees.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 16, 2019

If you have a signed a written employment contract with your employer look closely for any terms that would allow you to break the contract or broken promises made by the employer; but before you do anything you should run this stuff by an Indiana lawyer experienced in employment law.

1 Answer | Asked in Civil Litigation, Contracts, Energy, Oil and Gas and Environmental for Indiana on
Q: Hot water heater leaking gas (14% concentration) per NIPSCO. Gas company turned it off on June 21.

Land lord was notified via text message on the 21th. Promised to have someone fix it. It has not been done as of 7/6/19 nor has she responded to my text I sent 1 week ago asking about the status of the repairs. I have not had any hot water in my home since 6/21. I have rented a hotel room once a... Read more »

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

While your written lease terms will control this unusual situation==generally speaking--landlords are responsible to make sure that their leased property is suitable for living; and tenants do not have to remain in structures that are not in livable condition. Absent some unforeseen issues, IMO,... Read more »

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