A contract breach occurs when one party fails to perform (or whose performance deviates from) what was contracted. A common problem for contracting homeowners is the absence of required terms in the contract. To piggyback on Mr. Eisenberg’s example,...Read more »
purchase material. I am told the contractor has purchased the material. The contract says if I cancel I pay 20% of the contract amount or the contractor's costs whichever is higher. If I cancel can I just forfeit the $11,000 but will I be entitled to obtain the material? Is the material in... Read more »
That's a large sum. For an attorney to provide a meaningful answer, the attorney would need to review your contract. If it makes financial sense to you, pay an attorney to review the contract. In addition to the terms you stated, the contract might also have a one-sided attorney's fee...Read more »
He used our money for his own purposes & then couldn’t afford to replace it, fed me lie after lie, I chased him down for a year. His dad finally loaned him the money so I wouldn’t press charges. I paid for all materials/labor. Finished the roof a year later Nov 2022. Now he wants to be paid... Read more »
Your contract governs. I think you misstated something. You claim that you entered into the contract in November 2021 and he finished the work in November 2022. We are only in early April 2022. Although it took longer than expected for him to finish the roof, unless you’ve suffered financial...Read more »
It’s hard to answer your question. I presume you are an adult and therefore responsible to honor your written commitments. I don’t understand how you were “made” to sign an agreement as opposed to having chosen to sign the agreement because you assessed the situation and viewed not...Read more »
After a plaintiff fails to achieve service on the first summons the plaintiff may request an "alias" summons. After that the plaintiff would request a "pluries" summons. If you are getting sued and have been served all that matters is that the summons was served before expiration.
We are in the process buying a new house. This home was listed as being an “as is” sale. We had a home inspection preformed for our protection as it’s an 110 year old farm house. The listing stated the product had a septic system. The inspection revealed there is only a discharge pipe that... Read more »
It is unclear from your post whether at this point you can back out of the sale. If the seller's disclosure statement is inaccurate but you are aware of the issue and still go through with the sale, you may face a challenge, if you were to sue, proving that you were damages as a result of the...Read more »
typo, it ended 12/26/21 and i emailed on 12/23/21. landlord is accusing me of not giving a notice and trying to charge me for the month of FEB although we will be moved out by then. they have been horrible not answering maitnence requests and even leaving us with no A/C in 80-90 degree heat for two... Read more »
An attorney would need to review your lease. It’s unclear whether remained there on January 27 and you paid rent for the next month. If you stayed and paid and the landlord accepted the rent then you might be on a month-to-month tenancy. Any lawsuit that you file probably won’t get an...Read more »
I suggest that you have an attorney review your sale contract and seller's disclosure form, as well as any written demands from the buyers. You are liable if the buyers sue you and prove their claim or claims against you by a preponderence of the evidence. I have litigated...Read more »
By the time I drove it home the oil light came on and then the check engine light came on. It was a Cam position sensor code and there was no oil showing on the dipstick. Will I be able to cancel this contract since it's not me just changing my mind?
It is you changing your mind on account of problems with the vehicle. If you are able to prove that the seller know of problems and made a misrepresentation to you, then an attorney might be able to help you. The challenge in these situations is proving what the seller knew.
The written agreement was supposed to be revised by an legal representative after my tenant and I agreed to all the terms that we wrote. Neither parties had any exsperienceing in writing a legalized lease and we both agreed that our agreement was going to be given to an licensed agent to be... Read more »
Here's the text from Missouri's security deposit statute:
535.300. Security deposits, limitation — holding of security deposits, requirements — return of deposit or notice of damages, when — withholding deposit, when — tenant's right to damages — security deposit...Read more »
A friend recently (~5-6 months ago) signed on with a small company as a photographer/media organizer in Missouri. After a few months, we noticed that she was very frequently working weekends and seemed to have few days off. We asked her about it, and she expressed frustration with her schedule.... Read more »
This would depend on what her contract says, but based on your description, it sounds like her contract is silent on her schedule or hours of work. If this is the case, then there isn't much that can be done from a legal standpoint other than to ensure she is being properly paid for the work...Read more »
There is nothing illegal with your landlord seeking new terms on a new lease to go into effect when the current one ends. If you do not wish to sign the proposed lease, then you have the freedom to enter a lease with another landlord with terms acceptable to you. Under the current real estate...Read more »
You probably need to move out. Whether it makes sense to sue your landlord will depend upon multiple factors, such as the lease's terms, your financial situation, and your landlord's ability to satisfy any court judgment that you might obtain.
An important part of my case is to prove the inexperience of workers. The discovery question asked for names, addresses, and phone numbers of suppliers and workers for the project. After refusal to answer, a motion to compel the answer to the question was granted. An answer was received, but... Read more »
You could file a motion for sanctions for failure to comply with the judge’s order. First, contact opposing counsel and request a full answer. If necessary, consider getting the information through a deposition.
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