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New Hampshire Contracts Questions & Answers
1 Answer | Asked in Contracts, Employment Law, Gov & Administrative Law and Municipal Law for New Hampshire on
Q: Could you clarify how NH RSA 95:1 applies to town employees, and if they are considered under “public office”?

Could you provide clarification on how NH RSA 95:1 applies to municipal employees who hold decision-making authority but may not be classified as elected officials? In a recent Select Board meeting, it was argued that this RSA only applies to “public officials,” and that employees like the Town... View More

Brian J. Stone
Brian J. Stone
answered on Oct 13, 2024

Someone like a town administrator is a public official as their authority to exercise significant discretion comes from the people who hired him/her to act on their behalf: the elected body of the Board of Selectmen. As such, their significant authority is delegated from an elected body. That would... View More

1 Answer | Asked in Contracts and Construction Law for New Hampshire on
Q: Is it common practice for NH builders to enter a contract with the client on a residential build?

We are concerned that residential builders are not required to be licensed in NH and we’re unclear on whether the use of a contract is common practice

William J. Amann
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answered on Jun 21, 2024

Good morning. We deal with this all the time and I strongly encourage you to hire an attorney well-versed in building contracts to help guide you or to handle the transaction. NH builders are not regulated but even in places where they are (like in Massachusetts), there can be serious problems if... View More

1 Answer | Asked in Contracts and Constitutional Law for New Hampshire on
Q: The nonsense I see

I have a law dictionary I was told to get for my upcoming constitutional law course blacks law dictionary. Technically speaking any license fee is for the privilege of pursuing a particular occupation business or activity. Activity in law means enterprise. You have the inalienable right to own... View More

James L. Arrasmith
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answered on Aug 31, 2024

Understanding the nuances of constitutional law, especially in relation to licenses and personal rights, can be complex. You're correct in noting that licenses are typically required for certain activities, which are regulated by the state as a means of ensuring safety and order. The... View More

1 Answer | Asked in Civil Rights, Contracts and Real Estate Law for New Hampshire on
Q: can my manufactured housing co-op which is resident owned fine me for non attendance of the annual meeting

this is their wording on an illegal by our contract mail-in vote...attendance to annual meetings is mandatory for all members .The board will consider any requests for absentee ballots that include a reason such as hospitalization or out of state .attendance to the annual is a basic responsibility... View More

William J. Amann
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answered on Nov 12, 2023

RSA 205-A defines a manufactured housing park as any parcel of land under common ownership or control that contains, or is designed to contain, two or more manufactured housing units such as mobile homes. Owners and operators of manufactured housing parks are prohibited from:

Requiring more...
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1 Answer | Asked in Consumer Law and Contracts for New Hampshire on
Q: I have to go to mediation at a pre trial hearing for credit card debt and help I don’t even know what to say
William J. Amann
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answered on Jun 15, 2023

Without knowing more, it's impossible to render any competent advice. However, sometimes knowing what to expect helps. You should know and be ready to discuss any legal defenses you think you have. If you haven't denied or disputed the debt, you should think about what assets you have... View More

1 Answer | Asked in Contracts for New Hampshire on
Q: The propane supply company which services my rental home wants to charge me a fee for not consuming enough fuel per year

The fee is part of the fuel tank rental agreement. However, I am not the property owner. I did not enter into an agreement regarding the tank/fee. Can I be legally billed this fee?

William J. Amann
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answered on Apr 28, 2023

Since you apparently did not agree to these terms, it's very doubtful that you are directly liable for it. But be careful, the owner, presumably your landlord, may be liable and he/she may be able to pass the costs onto you through the Lease.

1 Answer | Asked in Contracts, Copyright, Criminal Law and Products Liability for New Hampshire on
Q: What legal form can I have some sign in order to protect myself from accidentally sending nude photos to a minor?

I want to know how to protect myself legally from being extorted, violating 18 U.S.C. § 1470- Transfer of obscene material to minors, or just in general accidentally sending NSFW content to a minor because I have no idea who is on the other end of the profile looking to purchase my nude... View More

Michael Fischetti
Michael Fischetti
answered on Apr 27, 2023

How is it accidental?

1 Answer | Asked in Contracts, Civil Litigation and Lemon Law for New Hampshire on
Q: i bought a truck with a rotten frame

also my contract was not right and also they had a vsi on there for 125 which that is what I thought but find out it is for 27 months never was told this also the whole contract did not make sense the money on the paper were not right just a lot wrong with this whole deal I stop paying after 5... View More

William J. Amann
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answered on Apr 4, 2023

New cars and other new motor vehicles are covered by manufacturers' warranties. These warranties must follow the rules set by the federal Magnuson-Moss Warranty Act and the Uniform Commercial Code (UCC) (refer to the section on Warranties for more information). The manufacturer's warranty... View More

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Collections for New Hampshire on
Q: What are the legal options to sue an individual for non-repayment of a personal loan in excess of $20,000.00
William J. Amann
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answered on Jan 7, 2023

A suit can be brought in state district or superior court given the $20,000 amount. There could be other factors, such as whether a federal question is involved but I doubt it given your description.

1 Answer | Asked in Consumer Law, Contracts, Copyright and Real Estate Law for New Hampshire on
Q: We have acquired this business, how to reserve patent
William J. Amann
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answered on Jul 13, 2022

Thanks for your question. In order to answer fully, I'd need to know, at a minimum, terms of the business purchase and what you want to patent. I'd also need to review the business purchase documents. If you're interested in hiring my firm for this, please just let me know. Thank you.

1 Answer | Asked in Contracts for New Hampshire on
Q: Bill of sales not completed

Was sold a car, Private sale, and was lied to about the condition the car was in. I know I most likely will have nothing there to get money back on, but in the bill of sales there were items that were listed that were not given or received. The price of all items adds up to about 9k, and because of... View More

William J. Amann
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answered on May 13, 2022

It sounds like you probably do have a case. Would need to know the terms of sale in bill of sale, if any and any oral representations. Might be worth sending the seller a demand letter.

1 Answer | Asked in Business Law, Construction Law and Contracts for New Hampshire on
Q: Customer breached contract when calling my insurance for damages; Terms and conditions clearly state - not liable

Removing and replacing roof including the framing. No roof, just tarps, some water got in. It was expected in this type of job, hence the terms and conditions. Customer filed a claim with my insurance even though the Terms and Conditions she signed directly states that I'm not liable for any... View More

William J. Amann
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answered on May 11, 2022

It sounds as if the homeowner breached your contract by filing an insurance claim when she shouldn't have. I'd ask her to withdraw the claim. It sounds like she is also interfering with your General Contractor. Yet, since you stated things seem to be ok for the moment, that's... View More

1 Answer | Asked in Contracts and Probate for New Hampshire on
Q: What is the NH statute defining incompetence?

My wife had dementia when she cancelled her disability policy

Tim Akpinar
Tim Akpinar
answered on Dec 27, 2019

A New Hampshire attorney could advise best on this, as insurance coverage is generally governed by state specific-elements. But your question remains open for two weeks. The problem with such a legally broad term is that it could be defined in more than one way, depending on the statute and... View More

1 Answer | Asked in Civil Litigation, Contracts and Small Claims for New Hampshire on
Q: My NH former Attorney forged my signature printed my name on a settlement check I got that off homeowners insurance

I was bit by a pit bull. Why would he do this. I gave no consent

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Nov 5, 2018

You can call the NH Professional Board of Conduct for attorneys and file a complaint. They will investigate and make a ruling on the matter. Good luck!

1 Answer | Asked in Civil Rights, Contracts, Real Estate Law and Landlord - Tenant for New Hampshire on
Q: My son who is disabled had a verbal lease month to month with his girlfriend. In the process an aquatance established .

Residency and wont leave. Can the landlord hold me or my son responsible for this person who wont leave?

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Nov 5, 2018

If in fact, as you state, she has a month to month tenancy, then you have to give her 30 days notice to quit the apartment. These cases are tricky, if she won't leave, you should hire an landlord tenant attorney. attorney Brian Shaughnessy is the attorney I use to evict my own tenants. He is... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Contracts and Criminal Law for New Hampshire on
Q: Can you write a contract knowing it is a violation of the US Constitution

Can you write a contract knowing it is a violation of the US Constitution

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Apr 4, 2018

What kind of a contract would the persons be writing that has to do with the US Constitution?

1 Answer | Asked in Contracts for New Hampshire on
Q: As a seller, if I sign a contract with the buyer, but I need to change my mind BC of a med diag. Can i do that?

I have been diagnosed with kidney failure stage III and won’t be able to see the nephrologist for one more week, at that point I should know what I can do or not do relative to the contract.

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Feb 19, 2018

seller of what?

1 Answer | Asked in Contracts for New Hampshire on
Q: For business contracts with clients in a different state, do you list both states for the "governing law" section?
Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Feb 15, 2018

If you are the one drafting the contract in might be in your best interest to pick your own state-however, in some instances the other state may have contract laws that benefit your interests better. Also keep in mind that when entering into a contract with a person from another state, that may... View More

1 Answer | Asked in Contracts for New Hampshire on
Q: I did several podcast interviews as well as videos with a company from Massachusetts. Can they use w/o a contract.

Because there was no contractual agreement can these people still use these podcast videos and any material I shared with them if I choose to stop them from doing so.?

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Dec 8, 2017

This should come down to ownership and the verbal agreement you have with them. Not sure why they would be able to use them without your permission and with something in writing. If they are up on YouTube, you control the passwords and the content. Again, not sure form these facts what the... View More

1 Answer | Asked in Contracts and Civil Litigation for New Hampshire on
Q: If a defendant's has failed to file an objection to Plaintiff's Motion for Summary Judgement 30+ days, what happens ?

judge also never executed the Motion and went along with the jury trial !

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Oct 19, 2017

The rules of the court state if the defendant does not respond to the summary judgement motion, then the case will be dismissed. Courts like to dismiss cases so this is unusual, if the summary judgment motion was not filed within the time frame of the rules that were set by the parties then the... View More

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