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Minnesota Contracts Questions & Answers
3 Answers | Asked in Contracts, Probate and Civil Litigation for Minnesota on
Q: Is an unrecorded contract for deed valid if the owner passed away?

I entered into an unrecorded contract for deed 10 months ago with my neighbor, who has since passed away. I've made payments according to the contract terms and have had contact with the estate's representatives. There is a written agreement, and I've requested documentation from the... View More

Robert Kane
Robert Kane
answered on Apr 9, 2025

The contract may be valid and enforceable. There are, however, an infinite number of things that may prevent the contract from running its course. Without reading the specific language and knowing the circumstances it is impossible to determine what may happen. If a family member were to post a... View More

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3 Answers | Asked in Contracts, Probate and Civil Litigation for Minnesota on
Q: Is an unrecorded contract for deed valid if the owner passed away?

I entered into an unrecorded contract for deed 10 months ago with my neighbor, who has since passed away. I've made payments according to the contract terms and have had contact with the estate's representatives. There is a written agreement, and I've requested documentation from the... View More

James A. Teigland
James A. Teigland
answered on Apr 9, 2025

Probably yes but the contracts status as unrecorded puts you in a precarious spot. You should consult with an attorney first, but there are a couple of things I would consider doing: It is crucial that, even though your neighbor has passed, you continue paying, or at least attempting to pay, your... View More

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3 Answers | Asked in Divorce, Family Law and Contracts for Minnesota on
Q: Divorce: Can ex-spouse live in house and still split bills in MN?

I live in Minnesota, and my wife wants a divorce but wishes to continue living in our house, also wanting to split all the bills as we do now. I currently pay for all the bills, while she saves her income in her bank account. Once our kids move out, do we continue splitting everything?... View More

Robert Kane
Robert Kane
answered on Apr 3, 2025

Each of you have an obligation to maintain the marital property. The obligations of each spouse after the divorce is final will be set forth in the judge or agreement if properly draft. Child support obligations are distinct from the marital property issues. You are commingling different issues... View More

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2 Answers | Asked in Contracts and Business Law for Minnesota on
Q: Am I responsible for paying resignation fees not stated in the contract?

I am the Creative Director and Vice President at a 509(a)(2) charity foundation in Minnesota. My contract was for 4 years, stating that it may be terminated by providing written and verbal notice to the organization’s president at least 60 days before the term's expiration. I have provided... View More

Robert Kane
Robert Kane
answered on Mar 18, 2025

It is very unlikely you are responsible for paying resignation fees not stated in the contract, the bylaws or otherwise. In your previous post, you only mentioned you were a board member. As the Creative Director, you would also be an employee. Therefore, it would be necessary to consider both... View More

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1 Answer | Asked in Contracts for Minnesota on
Q: Contractor did not complete services

A contractor was hired to remove trees on my property, and asked for payment in full and never completed the work. It has been a month of excuses and promises of a refund with no results. I told him I would seek legal avenues, and he told me he would dissolve the LLC / declare bankruptcy if I did... View More

Robert Kane
Robert Kane
answered on Jul 10, 2024

You can sue the company and him personally. Allowing an attorney, like me, to evaluate, organize, send a demand and draft your conciliation complaint (up to $15,000) may be a wise investment. A well polished complaint will not only provide the judge a solid foundation to rule in your favor, but a... View More

1 Answer | Asked in Contracts, Business Law and Internet Law for Minnesota on
Q: I signed a contract for web and AI services, and emailed to cancel less than 24 hrs later--no luck so far

The company (located in NY) initiated the sales call, after regular hours here in MN, high-pressure sales/FOMO, and I was talked into signing a contract (3/27/24 at 8:20pm CDT) and paying the first month's fee of $499. Great-sounding contract with 60-day, 10 new patient referral guarantee. I... View More

James L. Arrasmith
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answered on Apr 6, 2024

Based on the information you've provided, here are some steps you can take to resolve this situation:

1. Review the contract: Carefully read the contract you signed to see if there are any clauses related to cancellation, refunds, or a cooling-off period.

2. Send a formal...
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3 Answers | Asked in Civil Litigation and Contracts for Minnesota on
Q: I loaned my dad and step mom around $170,000

I loaned my dad and step mom around $170k so they could get a home when I was 17. They ended up getting divorced and selling the house. This was 15 years ago but I was wondering if there is any legal action I can take

James L. Arrasmith
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answered on Apr 2, 2024

In this situation, there are a few important factors to consider before determining whether you can take legal action:

1. Statute of Limitations: The time limit for filing a lawsuit varies by state and the type of claim. After 15 years, it's possible that the statute of limitations has...
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3 Answers | Asked in Civil Litigation and Contracts for Minnesota on
Q: I loaned my dad and step mom around $170,000

I loaned my dad and step mom around $170k so they could get a home when I was 17. They ended up getting divorced and selling the house. This was 15 years ago but I was wondering if there is any legal action I can take

Robert Kane
Robert Kane
answered on Apr 3, 2024

The most glaring fact in your post is you were only 17 when you made the loan. There are few scenarios in which you could have made a loan, but there are an infinite number of possibilities of other occurrences. You need to contact attorneys with a clear and concise description of what exactly... View More

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1 Answer | Asked in Contracts and Landlord - Tenant for Minnesota on
Q: Can I appeal a MN small claims judgement against me if I have since learned new information for a judgement in my favor?

Tenant sued me for not returning her deposit in the required 21 days. I admitted that I returned it late, however at the time of trial I didn't realize that the 21 window starts when the tenant vacated/term ended, AND tenant provides forwarding address. I looked back and she didn't... View More

Robert Kane
Robert Kane
answered on Mar 4, 2024

A Conciliation Court order or judgment can be appealed at the District (Trial) Court.

The facts are reviewed “de novo,” which means the case gets a fresh start before the District Court judge. There may be a civil trial and either party can request a jury.

To learn more about...
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2 Answers | Asked in Contracts for Minnesota on
Q: 2 months after my wife and I signed a contract for self storage, she had my name removed. Can I legally go in there?

I called the owner of the sheds and he said 2 months afterwards that she called and wanted another contract written up but take me off of it. Now she's saying if I go in there she'll have me arrested. Is it legal for her to take me off a contract?

Robert Kane
Robert Kane
answered on Jan 15, 2024

Apparently, she did enter into a new contract. Without knowing the terms of the contract you signed, I don't know if the new contract is valid. It may or it may not. I don't know anything about the dynamics of your relationship or your objectives. Are you getting divorced?

An...
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1 Answer | Asked in Landlord - Tenant and Contracts for Minnesota on
Q: Do I owe a lease break fee not in the signed lease?

I signed an apartment lease in August 2023, which does not mention any lease break fee, only that a 60-day notice is required to terminate the lease. Upon emailing the apartment complex for clarification, they mentioned a separate "lease break form" that I must sign if I decide to break... View More

James L. Arrasmith
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answered on Apr 11, 2025

That situation feels confusing and frustrating, especially when you’re just trying to follow the lease terms as they were presented to you. In Minnesota, if a lease does not clearly include a lease break fee or reference an additional form requiring one, you generally aren’t obligated to pay... View More

1 Answer | Asked in Contracts, Collections and Small Claims for Minnesota on
Q: If I object to the referee’s decision not to attach any monetary value to my default judgment, would a judge overturn it

I got a default judgment in conciliation court; however, the referee did not attach any monetary value to the judgment. It was a contract between the defendant and me stating I would receive 80% of the profit on my four rental cars each month, and he would receive 20%. The cars were under the... View More

Robert Kane
Robert Kane
answered on Jan 22, 2025

The SOF means the contract needed to be in writing not the breach of the contract. https://www.revisor.mn.gov/statutes/cite/513

1 Answer | Asked in Contracts, Military Law and Real Estate Law for Minnesota on
Q: I signed a lease without my spouse. He received military orders to be stationed in Alabama. Can I break my lease?

I signed the lease last year before he received the orders. His name is not on the lease, but I am his legal dependent. I would like to break the lease without legal penalty.

James L. Arrasmith
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answered on Jan 13, 2025

You may have the ability to break your lease because of your spouse’s military orders. The Servicemembers Civil Relief Act allows service members and their dependents to terminate leases when they receive orders for a permanent change of station.

Start by obtaining a copy of your...
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1 Answer | Asked in Contracts for Minnesota on
Q: What action can I take against an insurance credentialing company in another state who breached contract?

From March -August I've had nothing but lack of communication, mistakes from contract managers and emails detailing these issues. I've tried numerous times to request a refund upon firing the agency and have been ignored. After canceling my contract the company attempted to withdraw funds... View More

Robert Kane
Robert Kane
answered on Sep 8, 2024

I apologize, but this may not be a post most attorneys can respond to without conducting research.

1 Answer | Asked in Consumer Law, Contracts, Business Law and Libel & Slander for Minnesota on
Q: Do I have a case against hertz rental if they denied me the opportunity to respond to or just be notified what was said?

There were multiple people making false reports against me, which would be defamation since I can prove it correct?

Robert Kane
Robert Kane
answered on Jun 15, 2024

The employer has no obligation to conduct an investigation. A defamation lawsuit would be against the individuals who made the statement, not Hertz. Feel free to consult with an employment attorney.

1 Answer | Asked in Contracts and Employment Law for Minnesota on
Q: issue of contracts involving merged healthcare entities.

If I signed a contract with a health care entity and then this same entity MERGES with another (not sold), does the 2nd entity have the right to change terms of my contract (the original contract CEO is still the CEO of merged entity).

Robert Kane
Robert Kane
answered on Apr 20, 2024

Without knowing the terms and conditions of the contract you signed, I don't know if "the 2nd entity ha[s] the right to change terms of [your] contract. You don't even mention what the contract has to do with. Health care entities entered into dozens of contracts, some have nothing... View More

1 Answer | Asked in Contracts, Employment Law and Business Formation for Minnesota on
Q: How can a subsidiary find a new owner, when the owner wouldn't want to sell due to the subsidiary's financial success?

The subsidiary is in a very unhealthy relationship with their owner. The owner doesn't treat the subsidiary well, doesn't invest in the subsidiary and has become a competitor. Additionally, the subsidiary is charged a hefty fee for administrative support from the owner which isn't... View More

Robert Kane
Robert Kane
answered on Mar 26, 2024

I apologize, but I am not entirely sure what type of relationship you are describing. Your description would include many different scenarios. Most importantly would be any contractual obligations of the parties. I have no doubt the subsidiary has options, but I don't know what may be the best one.

1 Answer | Asked in Contracts for Minnesota on
Q: Contractor Proposal and records access from government

Hospital wants us to add a section in our parking lot repair proposal about letting the government have access our records and books for 4 years. Do we have to have that verbiage in our proposal? In 40 years of business, we have never had to include that.

Robert Kane
Robert Kane
answered on Mar 21, 2024

You do not have to have that verbiage in your proposal. Likewise, they do not need to accept your proposal. Unfortunately, without a better understanding of the situation, I don't know what leverage you have in negotiating.

1 Answer | Asked in Contracts for Minnesota on
Q: Can I file a lawsuit against street fleet for money not paid to me for months?

I had to fight with them for months for money they promised me. I even had them put it in writing, but that didn't matter. They took thousands of dollars from me before finally paying me what they promised. After paying me my full pay for a couple months they took my position away and put me... View More

Robert Kane
Robert Kane
answered on Dec 28, 2023

Yes, you can "file a lawsuit against street fleet for money not paid to [you] for months." Prepare a clear and concise description of the events to present lawyers with your documentation. Also briefly describe what Street Fleet's argument will be.

1 Answer | Asked in Consumer Law and Contracts for Minnesota on
Q: I have a rental agreement for two Minnesota vehicles fo pay $75 a month for each vehicle for storage. It have been almos

I have a rental agreement for two Minnesota vehicles fo pay $75 a month for each vehicle for storage. It have been almost 3 years and the owners have paid me for one month only. My storage is in Wisconsin. The owners of the vehicles owe me approximately $4k+ what do I need to do to gain ownership... View More

James L. Arrasmith
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answered on Nov 8, 2023

To pursue ownership of the vehicles for unpaid storage fees, you would typically need to follow the lien sale process outlined in Wisconsin’s statutes. This often involves sending a notice of the lien to the vehicle owners, advertising the lien sale, and conducting the sale in compliance with the... View More

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