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Minnesota Contracts Questions & Answers
Q: Does this form of business protect my right internationally, to say I patent articles under the name of the corporation
Kevin E. Flynn
Kevin E. Flynn answered on Jul 8, 2019

We do not have an option for an international patent. (Yes, I know many people write that they have an international patent, but they are wrong). We have a type of patent application that is the front end for many patent system. This is called a Patent Cooperation Treaty Application (PCT... Read more »

1 Answer | Asked in Bankruptcy, Contracts and Foreclosure for Minnesota on
Q: what are the consequences of just walking away from our motorhome payments we can no longer afford

recent repair bills ...we now owe.more than the value..we have lived full time in this since 2012

Timothy Denison
Timothy Denison answered on Jul 6, 2019

They will sue you, get a judgment, and then pursue you til it is paid if you do nothing.

1 Answer | Asked in Contracts for Minnesota on
Q: my husband had his parents on mortgage. He wasn’t. We made all the payments & taxes. sold it. She kept $. What can do?

Curious if there is anything we can do to get the money back from the sale of the home. Parents never paid anything. Just their name was on the paperwork. We sold it after 15 years.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 3, 2019

Unless your and/or husband had some sort of written contract or lease agreement covering your living in the property owned by his parents there is nothing you can do. The 15 years of mortgage payments you and your husband made were akin to rent; in fact, unless his parents had allowed you and your... Read more »

1 Answer | Asked in Contracts for Minnesota on
Q: I want to buy a puppy. What ways could I make it work?

I am a minor but I have a friend who is 18 and is willing to help.

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

Alexa, please answer this non-legal question for me.

1 Answer | Asked in Contracts for Minnesota on
Q: I have entered into a leally binding contract to purchase a house in St Paul MN. Both parties have signed, and prior

to closing, the seller is trying to back out. Question, do I as the buyer initiate legal action to enforce the sale, or does the realty company I am working with initiate legal action?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 6, 2019

The realty company and the seller do not have any contract to enforce. The contract is between you and the seller, so you will have to sue to enforce it.

1 Answer | Asked in Contracts and Real Estate Law for Minnesota on
Q: Is an email from a realtor enough to negate a signed contract to represent a home buyer? No home has been purchased.

My niece is a first time home buyer and has had dealing with two disreputable realtors who manipulated her into signing lengthy contracts. The first released her from the contract via email, and the second refused to submit a bid on a desirable home until she signed a contract. She made it clear... Read more »

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

This does not sound like your problem; this sounds like your niece's problem. And since your niece's problem raises important contractual and legal questions that can injure your niece, I highly recommend that you tell your niece to consult with a real estate lawyer before she does something she... Read more »

1 Answer | Asked in Contracts for Minnesota on
Q: How can I get out of a wedding venue contract that was signed?

We signed our venue contract on Feb 15, 2019.Our wedding is Aug 3rd 2019.After putting down a deposit and paying our first payment, we had our food tasting.Very dissapointing to say the least.We looked at our contract and it states that cancellation need to 180 days outside of wedding.We never had... Read more »

Kristian Kircher
Kristian Kircher answered on Apr 10, 2019

You should meet with a lawyer to go over the contract in full and discuss your options moving forward. Sometimes it is as simple as your representative speaking with the venue to settle the matter.

Kristian T. Kircher

BK Law Group

Free Consultation

(952) 314-5101

1 Answer | Asked in Contracts for Minnesota on
Q: Can seller change legal description of property after signed purchase agreement by buyer?

The property in dispute is the number assigned parking slot that seller verbally gave to neighbor. The buyer still gets the same type of space, just a different number. Seller was not aware that the exact # was even part of the condo description.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 9, 2019

This forum is intended as a place where non-lawyers can ask general legal questions to the Justia panel of lawyers having expertise in many different areas of law. The answer to this question can best be explained by a ancient rule of law expressed in its original Latin: "De minimus non curat lex."... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Collections for Minnesota on
Q: In MN, Can you get out of your apartment lease with a 60 day written notice?

My boyfriend (husband now) gave his apartment complex a 60 day written notice when he decided to move in with me after not living in the apartment for a couple months. it's been 3+ years and now I see on his credit report that he has been given over to a collection agency for delinquent payment.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 3, 2019

You and your new husband have a very serious legal problem that cannot be solved by discussing what your husband told you was "his understanding" that all he had to do was give his prior landlord a 60 day written notice before moving out of the apartment he rented before meeting and marrying you.... Read more »

1 Answer | Asked in Contracts, Criminal Law, Adoption and Animal / Dog Law for Minnesota on
Q: Can we be sued?

Me and my boyfriend got a puppy and we weren’t able to keep him due to us having a baby on the way and it added tons of stress we didn’t need, so we gave him to the human society. The person we bought the dog from found out and is telling people we signed a contract and we didn’t pay for the... Read more »

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

Sure; in America anyone can sue anybody for anything at any time (even without a lawyer in small claims court). Winning the lawsuit is another matter. Save all your receipts, text messages, emails and all other documents.

1 Answer | Asked in Contracts, Estate Planning and Family Law for Minnesota on
Q: Does the principle have to be present at a TX bank, if both co-agents of a DPOA want to modify the principles account?

My cousin and I are both the agents (acting jointly) for our Aunt, who's 79 yrs old, on a durable power of a attorney.

The Principle has diminished mental capacity, is a US citizen currently living in the Philippines. One agent is in Nevada, the other agent is in Minnesota. Only one agent... Read more »

Joshua Damberg
Joshua Damberg answered on Feb 6, 2019

Generally, the answer to this is no. The Principal should not need to be present for his or her Attorney(s)-in-Fact to use the Power of Attorney document. In light of the recent epidemic of misuse of POAs and the exploitation of the elderly, many banks have attempted to institute additional... Read more »

1 Answer | Asked in Small Claims, Contracts and Collections for Minnesota on
Q: I recently co-signed an auto loan for a friend who promised to make payments. Now he has refused to make payment but

Lied about making payment. The bank just contacted me and I've tried several times to reach the borrower but he refused to respond to my messages, emails or answer/return any of my calls. I can't afford to make payments as am struggling to care for my child as a single parent. The borrower has... Read more »

Joseph A. Gangi
Joseph A. Gangi answered on Sep 27, 2018

If you co-signed, then you are likely responsible just as equally as your so-called friend. Your options may include refinancing, forbearance, taking out another loan to pay this back, borrowing money to pay it off, etc. You will find many resources, blog posts, AG articles, and the like... Read more »

1 Answer | Asked in Civil Rights, Contracts and Libel & Slander for Minnesota on
Q: Violation of civil rights, breach of contract, defamation

Expelled from college for appealing a 1 year suspension. Sexual assault policy violation. Both parties drinking, male found responsible. Criminally charged but case dismissed prior to trial. Criminal discovery revealed exculpatory evidence that all female title IX committee withheld from... Read more »

Gary Kollin
Gary Kollin answered on Aug 26, 2018

And your question is what?

1 Answer | Asked in Civil Litigation, Contracts and Criminal Law for Minnesota on
Q: I was recently terminated from a court ordered group class for a breach in their confidentiality agreement.

Like I said above, however we are acquaintances outside of the program and we live in a small town so word gets around quickly. I shared some info with a third party person about somebody in group told me, however the information was shared with me over a private conversation while we were sharing... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Jul 3, 2018

In the context of successful completion of programming as a condition of probation (conditionally stayed jail or prison time), it not likely a judge will want to get into the details of why a probationer was kicked out of a program. I am skeptical that would be a fruitful approach. Rather, it may... Read more »

1 Answer | Asked in Contracts and Copyright for Minnesota on
Q: Self-publishing a fitness book, with models wearing brands like Nike/using equipments with brand logos on it, copyright?

The book has many photos of models performing a demo on how to do a certain exercise. Models are wearing clothing with brand logos like Nike or using equipments with brand logos on it. Is that a copyright issue? Would I need to cover all the logos? even though those are items that we own?

Jason Brooks
Jason Brooks answered on Apr 11, 2018

Unfortunately this would qualify for infringement. While it’s unlikely that any of these brands would care, namely because it’s free advertising for them, any of them would be well within their right to sue you and shut the project down. To be on the safe side I would definitely either reshoot... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Minnesota on
Q: Am I obliged to pay rent after lease ends and what are consequences?

I mailed in 2 months notice to vacate but landlord says they did not receive it. I believe it's due to wrong address. Once issue was brought to my attention, I mailed in a copy of the notice 15 days before lease ends. They are saying that I must go month to month for a month

Joseph A. Gangi
Joseph A. Gangi answered on Sep 11, 2017

The answer depends on the wording of your lease, so a simple answer is just not possible at this time.

1 Answer | Asked in Contracts for Minnesota on
Q: Am I in the right or in the wrong? Do they have concrete evidence?

I signed a contract for a shortfilm that was to be completed in May though it doesn't actually say that in the contract. I got into an altercation with the producer a while ago because he wasn't going to pay one of the makeup artists her money. I told him if he didn't pay her, I would not come to... Read more »

Lucas Wynne
Lucas Wynne answered on Aug 11, 2017

Too little information is known to provide a concrete answer in this situation. I would need to know the contractual arrangement between you and the other party.

1 Answer | Asked in Contracts and Real Estate Law for Minnesota on
Q: Unable to make balloon payment in contract for deed, can we be sued for amount owed or can we just walk away?

7 year contract for deed for a lake property. We had a 20% down payment and have paid a large amount in monthly payments. In total we have paid over half of the purchase price. With permission from the seller we've been trying to sell for 3 years. If we are unable to sell we'd like to cut our... Read more »

Joseph A. Gangi
Joseph A. Gangi answered on Apr 20, 2017

The seller will likely send you notice of cancellation of contract for deed and if you fail to cure the default you will lose your prior payments / equity, and the property.

1 Answer | Asked in Contracts, Criminal Law, Family Law and Federal Crimes for Minnesota on
Q: Would emancipation wedding with someone I love help get them out of a charge with me that's 3rd degree sexual conduct?

I am 16 and my boyfriend is 22 he just turned 22 not even a month ago. Me and him have been dating awhile and I hate where I live and have been wanting to live with him and start our lives. (I know I am young but I am mature enough). While with these charges would we still be able to get married... Read more »

Lucas Wynne
Lucas Wynne answered on Mar 3, 2017

Consent is not a defense to the statutory rape of a minor in the state of Minnesota. Thus, marrying this individual would not result in the charges being dropped. Further, the marriage would require parental consent. I suspect the state would not take too kindly to your parents granting you consent... Read more »

1 Answer | Asked in Contracts and Consumer Law for Minnesota on
Q: I have a "RETAIL SALES INSTALLMENT CONTRACT" with Home Choice

I and noticed today my copy of said contract has no signatures and my typed name on the contract is not correct. Should I not have a copy of the contract containing the signatures of both parties?

Glenn B. Manishin
Glenn B. Manishin answered on Dec 22, 2016

From your answer it seems the contract was prepared by the seller. Since you have the goods you are acting in accordance with the contract and so are they. That is a manifestation of mutual assent to the terms. So signatures are not needed (although that is certainly not the best ordinary course... Read more »

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