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Kansas Contracts Questions & Answers
1 Answer | Asked in Contracts and Real Estate Law for Kansas on
Q: If I own a home but agreed and signed a 5 year contract for someone to rent to own my home, can I get my home back?
Scott C. Stockwell
Scott C. Stockwell
answered on May 9, 2018

There are several issues that would pertain to a "rent to own" agreement that would depend upon the terms of the actual agreement. You should consult with an attorney, sharing with her or him the documents pertaining to the agreement.

1 Answer | Asked in Contracts and Employment Law for Kansas on
Q: I signed a contract with a former employer when I changed my availability they let me go. The contract states if I quit

I owe them the money it cost to train me. Are they allowed to withhold my paycheck?

Scott C. Stockwell
Scott C. Stockwell
answered on Mar 7, 2018

Employment agreements sometimes provide that, if a benefit is afforded at the early stage of the employment, and an employee leaves before having reached a certain anniversary, that the employee would repay the expense incurred for the benefit. Your question implies that your... View More

1 Answer | Asked in Contracts, Real Estate Law and Estate Planning for Kansas on
Q: Mother wants to sell a cell tower??

My mother has rights to land that her deceased spouse gave her upon his death. On one piece of land, there is a cell tower that she wants to sell. To complicate matters, the land that the cell tower is on has been willed by her deceased spouse to his nephew when my mother dies. Can she sell the... View More

Scott C. Stockwell
Scott C. Stockwell
answered on Mar 2, 2018

If a person owns a life estate in a piece of real property, that person would not have the power to sell the real estate outright without the person with the remainder interest participating as a seller in the sale. The tower may be a fixture that, once affixed to the property, becomes a part of... View More

1 Answer | Asked in Contracts, Family Law and Tax Law for Kansas on
Q: I was a nanny for a family without a written agreement. They did not tell me they were not going to withhold federal tax

I was a nanny for a family without a written agreement. They did not tell me they were not going to withhold federal taxes from my paychecks, so I am not being hit with their W2 form and a $600-$1500 fee to the IRS because they did not withhold those federal income taxes. Aside from this, I am now... View More

Scott C. Stockwell
Scott C. Stockwell
answered on Feb 26, 2018

A nanny who works in the home and is paid more than $2,100 (2018 amount, $2,000 2017 amount) should have taxes withheld and the employer's contribution for Social Security paid by the employer. Under the federal Fair Labor Standards Act (FLSA), an employee is entitled to a minimum wage, time... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Kansas on
Q: Can I limit my liability as cosigner in a multi-tenant lease, with an addendum stating liability limits in dollar value?

being asked to co-sign for my son in a apartment lease that he will be sharing with two other boys. The landlord has agreed to an addendum that will state a limited liability equal to his portion of the rent over the life of the lease. Can this be accomplished ?

Rick Davis
Rick Davis
answered on May 8, 2017

Yes, if both parties agree you can draft an addendum to provide that you are guaranteeing only a portion of the total rent. As long as both parties sign it, it would be enforceable to limit your liability.

*Please be advised that this answer is for information or educational purposes only...
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1 Answer | Asked in Contracts for Kansas on
Q: How easy or hard will it be to break a verbal contract involving the sale of some property

- we disagree on what was agreed upon.

Rick Davis
Rick Davis
answered on May 5, 2017

Generally, speaking a contract for the sale of real property must be in writing. There are very limited exceptions to this rule and they usually involve when a party has moved into the home and started making payments in accordance with a verbal agreement. I would also caution that it does not... View More

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Kansas on
Q: 40 year lease states lessee can buy land for 25K. (value 40 years ago). They want to buy but it's worth 225K (39th year)

how do I get out of this? i'm losing 200K in value. I inherited 25% of land and bought out the others.

Rick Davis
Rick Davis
answered on May 2, 2017

If the lease specifically says they can buy it at a set price, you are probably stuck. With that being said, an attorney can not really answer that question without looking at the document. I would recommend you have an attorney review the contract and provide you an opinion. It is going to cost... View More

1 Answer | Asked in Business Law, Contracts and Employment Law for Kansas on
Q: Can use a picture of my work thru one company and use it for my own company website.

I have a picture of a yard that i maintained for a mowing company. I now have my own mowing company and mow for myself. Can i use that same picture of my work for that company and put it on my website

Rick Davis
Rick Davis
answered on Apr 27, 2017

Who took the picture? When was it taken. If you did not take the picture than you can not use it without permission. If you did take the picture, but took it as an employee of the other company, they likely also have the rights to the picture as "employee work product."

You...
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1 Answer | Asked in Contracts and Real Estate Law for Kansas on
Q: If a Homeowners Association owns a street because the city will not accept it, does the HOA also own utility lines?

If "yes" and this was not disclosed to homeowners (or to HOA), what recourse do the homeowners have?

Rick Davis
Rick Davis
answered on Apr 27, 2017

Generally speaking, the Utility Company would own the utility lines and there would be an easement over the street allow them to run and maintain the line.

1 Answer | Asked in Criminal Law, Federal Crimes, Consumer Law and Contracts for Kansas on
Q: How to obtain car title or court order for a car i just purchased?

I bought a car from a guy in Kansas and i have the Bill of Sale, 2 other witnesses, registration papers, and insurance papers. I need to obtain the title but he didn't have it and to him it'll take him $200 to obtain them since he says he needs to drive to Topeka to sign papers. I call BS... View More

Rick Davis
Rick Davis
answered on Apr 27, 2017

The only way to obtain a title if he doesn't provide one is to file a quiet title suit. A quiet title suit is a legal proceeding where you ask the court to declare you the owner of the vehicle. Kansas legal services has a guide on how to file these suits. Here is a link to that information:... View More

1 Answer | Asked in Contracts and Real Estate Law for Kansas on
Q: Brother has dementia in Veterans Center & wants to quick claim his home/10 acres to his 2 children for $1--sign as PoA?

I have a notarized general PoA for my brother activated by his physician at the Veterans Center. Assume now I must sign vs my brother? Any issues with this early inheritance? Home is in Oklahoma; downloaded Oklahoma Quick Claim Deed Form to complete and process in Cleveland County.

Glenn B. Manishin
Glenn B. Manishin
answered on Feb 28, 2017

It is very unlikely a "quitclaim deed" transfer for his children for $1 would be treated by the IRS, state tax authorities or the local property recording office as a bargained-for sale. Instead, the difference between FMV and the $1 price will likely be deemed taxable, ordinary income to... View More

1 Answer | Asked in Contracts for Kansas on
Q: How do I file a lawsuit against someone for breach of contract
Charles Snyderman
Charles Snyderman
answered on Dec 22, 2013

If the amount owed is small enough, you can file in small claims court without an attorney. If, however, the amount justifies hiring an attorney, I suggest you do so. Some attorneys will handle this on a contingency fee basis, which means they get paid only if they recover money for you.

1 Answer | Asked in Contracts for Kansas on
Q: Non compete agreements How Legal are they?
Paul Overhauser
Paul Overhauser
answered on Nov 30, 2010

Yes, these agreements are often enforced. However, depending on the state you are in, obtaining monetary damages may be easier than getting an injunction.

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