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Nebraska Contracts Questions & Answers
1 Answer | Asked in Landlord - Tenant and Contracts for Nebraska on
Q: Ex landlord is trying to charge $2,000 and seized entire deposit.

So I moved out of my apartment with my brother and provided more than ample written notice with my landlord per they require. They accepted the notice and we vacated the apartment. We paid our rent and specifically stated in our move out notice that if we move out prior to the end of the month we... View More

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

You generally can't hold someone's mail because you believe that person owes you money. Tampering with someone's mail sent via USPS can come with stiff consequences under federal law. If you believe someone is holding or opening your mail illegally, you may want to contact your... View More

1 Answer | Asked in Consumer Law and Contracts for Nebraska on
Q: We bought a used camping trailer and were told everything worked in OCT. 2022. When we got it home it sat till middle

of April. Ref. don"t work on electricity, parts gone from it couldn't have worked at their sales. Says 30 warranty over. They won't help us, what can we do now? The parts that are missing no way it could have worked for them.

Julie Fowler
Julie Fowler
answered on May 9, 2023

If you have a purchase agreement or other contract, you would need to review the terms of your agreement. Unless there is a fraud or another bad act, the Court will generally hold both parties to the terms of the written agreement so reviewing the contract is generally one of the first places to... View More

1 Answer | Asked in Contracts for Nebraska on
Q: I sold my bar to a lady who paid half up front and I self financed 303K over 5 years for her. She has yet to pay on it.

She is 4 payments behind and has a variety of reasons why she won't pay so I got a lawyer to send a demand letter. She has not responded to this either. I was wondering what the possible outcomes are on this? I can file a breach of contract suit obviously but what are the usual outcomes on... View More

Julie Fowler
Julie Fowler
answered on Dec 7, 2022

The Court will generally enforce the terms of a written contract. However, the odds of your success in the action depend on a lot of factors, including the specific terms written. Also, keep in mind that even if you receive a monetary judgment against the other party, it is harder to actually... View More

1 Answer | Asked in Construction Law, Consumer Law and Contracts for Nebraska on
Q: I am trying to find the class action law suit filed against a pool builder in Omaha, NE. Where would I find this info?

This would have been filed against Stanger Enterprise DBA Premier Pools which is now located in Valley, NE.

Julie Fowler
Julie Fowler
answered on Nov 3, 2022

If you want to search for cases that have been filed against a specific party in Nebraska, you can search the Court cases by party name. You can do this online through the case files available on the Nebraska Judicial Branches website. If you want to look at case specific information beyond party... View More

1 Answer | Asked in Contracts for Nebraska on
Q: I am making payments to my uncle on a car, I was wondering if I gave the car back I’d get the money back I’ve payed
Julie Fowler
Julie Fowler
answered on Jul 31, 2023

In general contract terms, you can't just decide to not finish up payments on a contract, return the item, and ask for your money back. However, you could speak with the other party to see what terms they would agree to amend to.

2 Answers | Asked in Contracts and Real Estate Law for Nebraska on
Q: My room mate left March of 2022. Hasn;t takeen her name off the lease. I"ve been paying rent in full. How do I recover t

How do I recover that money and get her off the lease. She resides in Houston Texas now.

Anthony M. Avery
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answered on Jul 27, 2023

It will be expensive and difficult to sue her now in TX, which will require a TX attorney. If you get a Judgment, then collection will be difficult. She probably knows this.

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1 Answer | Asked in Business Law, Contracts and Employment Law for Nebraska on
Q: We get bonuses for meeting certain goals, contract it says one has to be active employee to receive bonus, do I qualify

Worked end of quarter as a store manager Kwik shop however I left before 60 days where bonus is given, contract is for incentive and retention would I be able to get my bonus

Julie Fowler
Julie Fowler
answered on Jul 1, 2023

It depends on the specific terms of your contract or bonus. You would need to consult with an attorney directly and review the specific terms and documents in your situation.

1 Answer | Asked in Contracts and Real Estate Law for Nebraska on
Q: I am signing a lease for a rental property in the state of Nebraska. Can Elise be made in the state of Oregon?

I am signing at least for a property in Nebraska however the paper was drawn up in the lease like it was for an Oregon State lease agreement would that be valid in the state of Nebraska because it wasn't drawn up for this state of Nebraska property?

Julie Fowler
Julie Fowler
answered on May 24, 2023

If the applicable laws are the same in Nebraska and Oregon, then it may not cause issues, although it potentially could. If problems arise or the applicable laws are not the same, they you may be inviting issues. If you don't think the lease is correct, then review it with an attorney before... View More

1 Answer | Asked in Contracts, Employment Law and Workers' Compensation for Nebraska on
Q: I am a 1099 sales rep. We get quarterly bonuses for exceeding goals. If I leave in Q2, will I get my Q1 bonus still?
Julie Fowler
Julie Fowler
answered on May 11, 2023

It would depend on the specific terms of how you qualifying for bonuses.

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Agricultural Law for Nebraska on
Q: Does a court go off the last Will made?

.

Kelly Henry Turner
Kelly Henry Turner
answered on Jan 27, 2023

If the Will is valid the Court will admit the most recent recently executed Will. The Will could be challenged if there is any concern for undue influence, capacity or fraud.

1 Answer | Asked in Libel & Slander, Contracts, Criminal Law and Personal Injury for Nebraska on
Q: legal documentation of inability to dispense medication nebraska legal documentation inability to dispense personal abil
Tim Akpinar
Tim Akpinar
answered on Jun 22, 2022

A Nebraska attorney could answer best, but your question remains open for two weeks. Part of the post may have gotten left off in uploading - the question is not fully clear. There's no guarantee all posts are picked up, but you could try reposting again. Do not include personal information in... View More

1 Answer | Asked in Legal Malpractice, Contracts and Estate Planning for Nebraska on
Q: Should the estate Atty (executor) provide a periodic accounting of legal costs to the beneficiaries? it’s been 9 months.

We’ve sent written requests for accounting of legal fees and asked in person. I once asked what the typical cost of an estate this size (3M) runs. Initially he said 20-25K, a month later I asked again and he said 40-45K. We’ve received nothing in writing regarding legal fees. I asked why the... View More

Julie Fowler
Julie Fowler
answered on Jan 6, 2022

Someone likely entered into a fee agreement with the attorney. The fee agreement likely sets forth how often the attorney will send an updated accounting. You should ask and expect the attorney to generally follow the terms of this agreement.

There should be an accounting of fees...
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1 Answer | Asked in Contracts and Landlord - Tenant for Nebraska on
Q: What fees and deposits are landlords allowed to charge for pets in Nebraska?

I’m trying to rent a new apartment in Nebraska. The listed rent price is $745/month. The deposit is $500 and they said they’d charge a $200 refundable pet deposit but now the lease agreement they sent me states they will charge $183 for the refundable pet deposit plus an additional $217... View More

Julie Fowler
Julie Fowler
answered on Jan 6, 2022

Nebraska Legal Aid has a handbook that has some general information regarding landlord/tenant rules that you may want to review before speaking with an attorney about your specific information.

https://www.legalaidofnebraska.org/wp-content/uploads/2021/09/2021-LLT-Handbook-1.pdf

1 Answer | Asked in Consumer Law and Contracts for Nebraska on
Q: How long do I have to invoice a consumer for my service?

I was reviewing accounts and realized I never invoiced a consumer for my services. A year has passed since the services, are they still legally bound to pay me?

Julie Fowler
Julie Fowler
answered on Sep 21, 2021

Depending on the facts, you are still likely within the statute of limitations to collect the debt. Call the customer and explain the mistake. The customer shouldn't expect to get a free service when there was an agreement to pay. You may also need to talk with your tax professional to find... View More

1 Answer | Asked in Construction Law and Contracts for Nebraska on
Q: Can a contractor circumvent the law by forcing the property owner to sign a contract that tells them to.

In Nebraska, the law is that a contractor must place a fence 14 inches from any utility lines. If a contractor places a provision in the contract with the land owner that the land owner will be liable for any damage to utility lines as a result of the land owner asking for less than a 14 inch... View More

Julie Fowler
Julie Fowler
answered on Apr 7, 2020

Unless the State is part of the agreement, a private agreement between parties that they won't follow the law doesn't make the law unenforceable. That being said, it is allowed in certain circumstances for parties to contract for one party to indemnify the other party for costs... View More

1 Answer | Asked in Contracts, Criminal Law, Business Law and Internet Law for Nebraska on
Q: i have been defrauded by a contractor , how do get him prosecuted, as even when i win in small claims he won't have pay

i have a signed contract to paint my house w/$2850 down in 11/28/18 in 7/29/19 in the witness of a police officer he refused to even"Start"

Julie Fowler
Julie Fowler
answered on Nov 18, 2019

If you have been defrauded by a contractor, you should contact the non-emergency law enforcement phone number and file a police report and/or contact the county attorney's office to report the crime. They will likely want supporting documentation of the fraud, so you will want to provide a... View More

2 Answers | Asked in Contracts, Divorce, Family Law and Child Support for Nebraska on
Q: Hello... I'm looking for West's Texas Digest full volume set. Have an idea where I can find a hard copy somewhere?

I'm not for sure which reporter it is under. But all "contracts", designed by John B. West in his "West American Digest System" in the mid 1800s, and developed by "West Publishing" to organize the entire body of American Law.

For instance, I have... View More

Julie Fowler
Julie Fowler
answered on Sep 2, 2019

Contact West Publishing? Amazon? E-bay?

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1 Answer | Asked in Consumer Law, Contracts and Juvenile Law for Nebraska on
Q: At what age do signers of a contract need to be in the state of Nebraska for the contract to be considered legitimate?

I was 18 when I agreed to the terms of a contract with an internet and phone company in Nebraska. I incurred debt with them and wonder whether or not I am legally responsible for upholding the contract I signed at the age of 18.

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

Google Nebraska age of consent or age of majority.

1 Answer | Asked in Contracts for Nebraska on
Q: It's an oral agreement on the sale price valid?

There was a car for sale that my daughter's friend wanted to purchase, seller said he would like $700

So the friend sold his motorcycle for the money to purchase the vehicle, then seller asked for more money. There are several witnesses to the fact, as others have also inquired about... View More

Adam Studnicki
Adam Studnicki
answered on Aug 11, 2015

Oral agreements can be valid in many situations, but if the person doesn't perform you have to sue to enforce and there is often disputed testimony about the agreement. Check with a local lawyer about your rights and options. A letter from a lawyer may be helpful.

Please Take Notice:...
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1 Answer | Asked in Contracts for Nebraska on
Q: How do I cancel a contract for roofing that was signed yesterday?
Adam Studnicki
Adam Studnicki
answered on May 29, 2015

Review the contract to see whether and how it can be cancelled. A Nebraska contract lawyer can help you determine this and whether your contract has a cooling off period.

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