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Massachusetts Contracts Questions & Answers
1 Answer | Asked in Contracts for Massachusetts on
Q: I am a handyman and I canceled a job to do for a customer, the dates got pushed up a few times. He called me and yelleed

At me. I told him I no longer wish to do the job. He emailed me with a demand to do job , saying that if I did not do the job, I would be responsible for any damages do to me not doing the job.

Jonathan R. Roth
Jonathan R. Roth
answered on Mar 2, 2018

The issue is was there a binding contract, if there was and you breached it - theoretically he could sue for damages. Assuming there was a contract and you breached it, then what were the direct consequential damages as a result. He has to have a direct damage. Theoretically if you quoted him $200... View More

1 Answer | Asked in Contracts, Copyright and Intellectual Property for Massachusetts on
Q: What is the usual fee or percentage given to the person who's intellectual property I'll be teaching?

I've trained as certified coach and I'm planning on teaching and certifying people in the same coaching in a different language. The person who certified me and I are creating a royalty, license agreement and I'd like to know what is the usual profit % or fee that is standard or... View More

Will Blackton
Will Blackton
answered on Mar 1, 2018

It depends!

What are you coaching?

From what language are you translating and to which language? That's an atypical piece of the puzzle.

What type of IP are you using?

How will you be reselling the IP?

The answers to those questions and more will...
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1 Answer | Asked in Business Law and Contracts for Massachusetts on
Q: so, I am organizing a magazine and a contributor wishes to remain Annonymous

is there a way that they can transfer the rights to me without signing their name?

John Espinosa
John Espinosa
answered on Feb 26, 2018

The publisher and contributor would enter into a contract that clearly describes anonymity of the contributor as a condition of the contract. The contributor's name would go no further than that contract. The contributor cannot remain anonymous from the publisher. Hire an attorney to draft the... View More

1 Answer | Asked in Contracts for Massachusetts on
Q: If I rescind my refinanced home improvement loan before work was done, will I still owe money on the original loan?

Both loans were issued by the same lender, and I did not rescind the original one within 3 business days.

Jonathan R. Roth
Jonathan R. Roth
answered on Feb 24, 2018

Without reading the relevant contracts, I cannot make a definitive answer. If you rescinded the second loan, the funds should not have been disbursed and there should not be money owed.

However, on the first loan you will owe the money but the funds should be repaid or not issued to the...
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2 Answers | Asked in Contracts and Landlord - Tenant for Massachusetts on
Q: I have a 1 year lease that automatically becomes a month to month agreement signed when I moved in. is that legal?

I moved in to this condo in Hudson MA in July of 2016 which says it is a 1 year contract and after it expires it becomes a month to month that was signed when I moved in 2016. (wasnt really sure what that meant) Is it legal for a 1 year contract to become a month to month without a second... View More

John Espinosa
John Espinosa
answered on Feb 20, 2018

When a lease expires, if the tenant remains and a new lease is not signed but the landlord is still accepting rent then it does generally become a tenancy at will, which is what month to month is. Here is a helpful resource that explains more:... View More

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2 Answers | Asked in Contracts, Real Estate Law and Collections for Massachusetts on
Q: My son and daughter in law signed a financial agreement to repay me $150000 over a period of 20 years.

They have not made any payments, what can I do, they live in Boston. The note says that the house that they purchased from me is security for the loan. I am 72 and need the money to live on.

John Espinosa
John Espinosa
answered on Feb 16, 2018

If the note you hold is also secured by a properly recorded mortgage, then you can foreclose. If there is no mortgage then the only recourse would be to sue them for default of the loan. You should hire an attorney either way.

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1 Answer | Asked in Contracts and Landlord - Tenant for Massachusetts on
Q: How is prorating calculated for office subletting when they are renting the space for 2 days per week, 400$/month.

I sublet office space and a subletter wants to start mid month, she wants to caclulate the prorated amount based on the days of the month while I think it should be based on the price per monday and wednesday, which would be 50$/day because there are 8 mondays and wednedays in the month and her... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Jan 17, 2018

If you are renting the property for 2 days a week being Monday and Wednesday, then you would prorate at the number of Mondays and Wednesdays between the start date and the last day of the month.

2 Answers | Asked in Contracts and Landlord - Tenant for Massachusetts on
Q: HOw do I prorate a month of rent to a subletter renting mondays and wednesdays for 400/month.

I sublet office space and a subletter wants to start mid month, she wants to caclulate the prorated amount based on the days of the month while I think it should be based on the price per monday and wednesday, which would be 50$/day because there are 8 mondays and wednedays in the month and her... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Jan 17, 2018

Unless agreed specifically, you prorate on the days of the month.

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1 Answer | Asked in Contracts for Massachusetts on
Q: If you sign a contract, but the other party does not fully disclose the costs agrees upon, is it still valid?

I have signed a contract to go with a group to a foreign country. In the contract specific items, such as 3 daily meals per day. Anything extra was to be paid for by yourself. The agreement was these meals would be paid for and taken care of once I paid the full amount. Now after I signed, they are... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Dec 21, 2017

The contract is valid but VOIDABLE for misrepresentation. If the term of the contract says they pay for 3 meals a day, then they have to pay for it. The problem is they have your money and the issue is do you want to go with this company given the issues they have presented. It is customary to tip... View More

1 Answer | Asked in Contracts and Employment Law for Massachusetts on
Q: Company claims I am bound b the terms of an unsigned contract.

If I started work for a company approximately 10 years ago, and was given a contract to sign. However I chose not to sign the initial contract. Approximately 5 years later the company came up with another contract. Again I did not read or sign the contract. I was not asked for a signed contract... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Dec 19, 2017

There is a reason such contracts have to be in writing, non-compete agreements under MA law need to be in writing. Moreover, the second contract offered appears to lack consideration. While they have a legal argument, I believe they would lose absent a writing confirming your agreement to these... View More

1 Answer | Asked in Contracts and Intellectual Property for Massachusetts on
Q: I'm a songwriter. I write lyrics for a band. They want to have a formal contract where I get 10% of royalties. Fair?

They pay me a flat rate for each song, but now they are wanting to pay me 10% of the royalties they receive as well. Is this a fair deal?

Jonathan R. Roth
Jonathan R. Roth
answered on Dec 15, 2017

Fair is in the eye of the beholder. A lyricist who composes a song with someone else gets 50% of the royalty for the song, not the recording of the song. The royalty is split between the song writers and the publisher. If there is no publisher, then the song writers get the entire royalty. Now... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Massachusetts on
Q: The building of my condo caught on fire. I would like to use my own contractor. Management said no.Is this legal?
Jonathan R. Roth
Jonathan R. Roth
answered on Dec 12, 2017

Without reading your master deed or the association by-laws and rules it is impossible to be precise, but the answer is yes. Moreover there is likely a more important issue, the insurance carrier for the association is not going to deal with multiple contractors and claimants under its coverage. To... View More

1 Answer | Asked in Contracts and Family Law for Massachusetts on
Q: Please read and answer, very important

I am about to receive a settlement. I want to put at the very least 5k in the bank and not touch it. Here's my dilemma and question. I FILED my lawsuit in December 2016 BEFORE I got married. I got married February 28th 2017. My husband owes money in child support. I have helped him pay 28 k... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Dec 12, 2017

Your funds are not subject to collection for your husbands child support. Open a separate savings or checking account and put the money away for your own use.

1 Answer | Asked in Business Law and Contracts for Massachusetts on
Q: Do all business contracts need to be signed to be enforceable, or can they be verbal?
John Espinosa
John Espinosa
answered on Dec 1, 2017

Although it is technically possible for a verbal contract to be enforceable under some circumstances, even then it is very difficult to prove so verbal contracts are not advisable. Best practice is for all business contracts to be in writing and reviewed by your own business attorney to ensure that... View More

1 Answer | Asked in Contracts, Employment Law and Immigration Law for Massachusetts on
Q: Can a USA employer finance my Masters degree cost for F-1 Visa?

am from Bangladesh. I am graduating this year on December 2017. I am a freelancer and currently working for a USA firm for more than one year, as my BOSS is very happy with my work he wants to finance my Masters degree in the USA. He wants to give me a employee contract letter with 30K or funding... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Oct 12, 2017

Yes. He should sit down with an immigration attorney to go over to process.

1 Answer | Asked in Business Law, Contracts and Employment Law for Massachusetts on
Q: If I am a freelance composer in outside USA, is it legal to work with USA companies with payments?

I am a music composer originating from Korea and New Zealand, which is not USA, but I am willing to work with USA companies as a freelancer. Then do I need specific thing to do before I do it, or am I just good to work, or is this up to the company that gives me work?

Jonathan R. Roth
Jonathan R. Roth
answered on Oct 12, 2017

You do not have to have a specific entity to do business with a US Company in the US. You need to contact a local attorney who understands the Tax Treaty between the US and your home country as to tax withholding and tax liability. The US company may require you to get a TIN (Taxpayer Identity... View More

1 Answer | Asked in Employment Law and Contracts for Massachusetts on
Q: boss is making terminated employees sign an agreement not to apply for competitors. If refuse to sign agree what happen

I may get terminated from my job and my boss is forcing terminated employees to sign agreement to not go work for competitors if I refuse to sign agreement what can I expect

Jonathan R. Roth
Jonathan R. Roth
answered on Oct 3, 2017

First, while trying to make a non-compete agreement as part of a termination package is clever, I am not sure it is enforceable under MA law. Moreover, unless someone is properly compensated, promotion and raise or a raise, a non-compete agreement is not enforceable if not executed at the time of... View More

1 Answer | Asked in Contracts for Massachusetts on
Q: I bought a travel trailer without a title

I bought a travel trailer and was told I didn't need a title for a travel trailer and that he didn't have it but could get it. Now he tells me he Never had it but the guy he bought it from has it. I'm just trying to get the title

Jonathan R. Roth
Jonathan R. Roth
answered on Sep 28, 2017

You need for him to get you the title or return your money. Selling the trailer without providing the title is fraud and you might have a stolen trailer.

2 Answers | Asked in Contracts, Estate Planning, Family Law and Real Estate Law for Massachusetts on
Q: I am thinking about buying a house in Norton, MA with my cousin and his wife. Are there standardized contracts for this?
John Espinosa
John Espinosa
answered on Sep 25, 2017

You need to consult with a real estate attorney to discuss the details of your goals in order to figure out the best way to structure it legally. Do not try to do this yourself using a form contract because there are many different possibilities and you don't want to end up doing it in a way... View More

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1 Answer | Asked in Contracts and Collections for Massachusetts on
Q: If a document has been misrepresented by a plaintiff, can the defendant convince the court to rule it inadmissible?

In summons for breach of contract, Plaintiff included a 95% illegible copy of the original agreement. Over 10 months I requested a better copy or to see the original. 3 times Plaintiff sent new reproduction but still illegible & said they were unsure if the original exists. I have 2 contracts... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Sep 5, 2017

You can argue that they failed to provide information requested in a timely manner and ask for its exclusion. There is no guarantee you will succeed. Likewise, seek permission to revise your answers to the Interrogatories based on the new legible copy. I believe you need to get assistance from... View More

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