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New Jersey Contracts Questions & Answers
1 Answer | Asked in Contracts and Consumer Law for New Jersey on
Q: I want out of my solar contract and a refund.

I'm in New Jersey and I was sold a solar system that was supposed to offset 90% of my utility usage and it barely offsets 35%. I have it in writing where my sells person told the company if my system didn't offset 90% I would decline the system and then the sells person came back to let... View More

Melissa Totaro
Melissa Totaro
answered on Feb 2, 2024

Based on the facts as you recount them you could have a viable cause of action under the New Jersey Consumer Fraud Act, which prohibits merchants from engaging in certain unfair conduct, including false promise, misrepresentation and otherwise deceptive tactics. The Consumer Fraud Act provides... View More

1 Answer | Asked in Contracts, Employment Law, Civil Rights and Libel & Slander for New Jersey on
Q: Contracted employee making unfounded defamatory statements about the business owner and other staff members-

Such comments include reference to another employee's sexual orientation and religious beliefs. There are other staff members (men, and additional LGBTQ staff) who have shared that this employee harasses them via text during the work day and in their off work hours. What recourse does the... View More

James L. Arrasmith
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answered on Jan 21, 2024

In the case of a contracted employee making defamatory statements and engaging in harassment, the employer, especially in a private school in New Jersey, does have recourse to address this behavior. While the employee is under contract, it's important to review the contract terms carefully to... View More

1 Answer | Asked in Contracts and Construction Law for New Jersey on
Q: If a contractor doesn't finish the job and is unresponsive, but later agrees to return, does that reset the accrual date

I had a contractor work on my kitchen. He was supposed to return to finish the job, but he didn't return my texts for a few weeks. He finally emailed me back and said he thought the job was done, but agreed to come back and address one of the issues. I emailed that wasn't acceptable,... View More

Leonard R. Boyer
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answered on Jan 6, 2024

To provide a meaningful answer and how to best proceed, you should be prepared to pay an experienced civil litigation attorney for 1/2 to 1 hour of attorney time to review all the relevant documents. As someone who has handled a significant number of these cases, I am certain that I can get you the... View More

1 Answer | Asked in Contracts for New Jersey on
Q: When does the clock start ticking for a cause of action against a home kitchen remodel contractor?

I hired a coworker I knew to do some work in my kitchen. He started the work but a few things I paid for weren't completed. I also showed him some items I wasn't happy with how they came out. He was supposed to return to finish the job. I reached out to him a few times, and he finally... View More

Leonard R. Boyer
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answered on Jan 5, 2024

The Statute of Limitations for breach of this type of contract is 6 years. But of far importance to you is the breaches of the Home Improvement Contractor Act, the NJ Statute of Frauds and most importantly the New Jersey Consumer Fraud Act, which provides for triple damages, plus attorneys fees and... View More

2 Answers | Asked in Bankruptcy and Contracts for New Jersey on
Q: New jersey , Does anyone have any experience in motion for summmary judgement , I am the defedant

New jersey , Does anyone have any experience in motion for summmary judgement , I am the defedant my oral argument is soon what do i say during this what questions will be asked? I'm New Jersey its a special civil case against junk debt collector velocity investements llc my argument is all oral

James L. Arrasmith
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answered on Dec 8, 2023

In a motion for summary judgment in New Jersey, as the defendant, you should focus on demonstrating why the case should not be decided without a full trial. This typically involves showing that there are genuine disputes over key facts that require a trial to resolve. Against a junk debt collector... View More

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2 Answers | Asked in Bankruptcy and Contracts for New Jersey on
Q: New jersey , Does anyone have any experience in motion for summmary judgement , I am the defedant

New jersey , Does anyone have any experience in motion for summmary judgement , I am the defedant my oral argument is soon what do i say during this what questions will be asked? I'm New Jersey its a special civil case against junk debt collector velocity investements llc my argument is all oral

Leonard R. Boyer
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answered on Dec 8, 2023

Since you filed legal pleadings you on your own, an attorney cannot just start an oral argument on a motion. You need to pay for an hour of attorney time to review everything that has been filed and the attorney may need to amend the pleadings that you filed. You are not a trained attorney. You do... View More

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1 Answer | Asked in Bankruptcy and Contracts for New Jersey on
Q: New jersey , Does anyone have any experience in motion for summmary judgement , I am the defedant

New jersey , Does anyone have any experience in motion for summmary judgement , I am the defedant my oral argument is soon what do i say during this what questions will be asked? I'm New Jersey its a special civil case against junk debt collector velocity investements llc my argument is all... View More

James L. Arrasmith
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answered on Dec 8, 2023

In a motion for summary judgment in New Jersey, as the defendant, you should focus on demonstrating why the case should not be decided without a full trial. This typically involves showing that there are genuine disputes over key facts that require a trial to resolve. Against a junk debt collector... View More

1 Answer | Asked in Contracts, Family Law and Civil Rights for New Jersey on
Q: Can a poa put in spy cameras to Alzheimer's mother home when I and minor live there with out consent of mine

Poa refuses to give a caregiver agreement and pay I live in New Jersey

T. Augustus Claus
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answered on Oct 10, 2023

In New Jersey, it's illegal to record someone without their consent in places where they have a reasonable expectation of privacy, like a home. This law is primarily focused on audio recordings, but video can also be invasive, especially if it captures private or intimate situations. If you... View More

2 Answers | Asked in Contracts for New Jersey on
Q: i signed a contract but wasnt able to attend any of the classes i signed up for, can i get a refund?

i signed up june29, asked to delay start date. when new start date was approaching, i still could not attend. I asked the service for a refund and she refused. Am i able to get a refund even though i signed this contract?

Morris Leo Greb
Morris Leo Greb
answered on Aug 15, 2023

Your right to a refund should be outlined in the contract and/or supplemental documents supplied prior to signing the contract. Once the contract is signed new terms cannot be included unless the orginal documents permit this.

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2 Answers | Asked in Contracts for New Jersey on
Q: i signed a contract but wasnt able to attend any of the classes i signed up for, can i get a refund?

i signed up june29, asked to delay start date. when new start date was approaching, i still could not attend. I asked the service for a refund and she refused. Am i able to get a refund even though i signed this contract?

Tim Akpinar
Tim Akpinar
answered on Aug 27, 2023

I'm sorry for your frustrating situation. It would depend on the terms of the contract. There are probably sections in the contract that address cancellation, termination, refunds, etc. If the contract terms are against you, some companies might offer a pro-rated adjustment, in the interest of... View More

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1 Answer | Asked in Contracts and Business Law for New Jersey on
Q: 53 FT Dry Van Trailer Leasing Company Threatning Me

I have 53 ft semi dry van trailer i already paid more than $42k including down payment on this trailer because of business down fall i can't keep up with payments any more because of too high payment which is $1650 per month as per signed lease now leasing company is sending me threatning text... View More

Leonard R. Boyer
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answered on Jul 17, 2023

Clearly, this leasing company is in violation of the Federal Fair Debt Collection Practices Act and is engaging in harassment tactics. Personally, I would file a lawsuit against them and seek damages plus attempt to get a restraining order against them. Then I would have the leverage to negotiate a... View More

1 Answer | Asked in Contracts and Consumer Law for New Jersey on
Q: Hello, Can a signed contract be changed or modified in any way?

My Enterprise rental was returned July 3rd. After signing the contract, I noticed the rate was higher than in previous months ($30.40) instead of $22.50 (boyfriend is an employee). This amounts to being charged $110.60 more. What options if any, are available to recoup that money?

Location:... View More

William N. Sosis
William N. Sosis
answered on Jul 6, 2023

Yes, contracts may be invalidated or changed for a variety of reasons. For example, contracts may be subject to fraud, mistake, illegality, duress, undue influence, novation, etc. But rather than pursue a legal remedy, why not write a letter explaining what happened and see if you can resolve the... View More

2 Answers | Asked in Contracts and Construction Law for New Jersey on
Q: Pool company sub-contracted excavation work - who damaged pavers, contract states pool company is not responsible?

Excavators, electricians, masons all have damaged our property- the pool company continues to reference the contract which states they are not responsible for any third party work, can this be possible for them not to take any responsibility?

Leonard R. Boyer
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answered on May 18, 2023

It is extreme rare for any type of home improvement contract to comply with the NJ Home Improvement Contractor Act and frequently the Statute of Frauds and the Consumer Fraud Act (which provides for triple damages plus attorney fees. A Judge will decide who is responsible. No matter what the... View More

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2 Answers | Asked in Contracts for New Jersey on
Q: If someone owes me money; we made a contract; the money is from an LLC; now they are saying they are hard up for money;

If someone owes me money; we made a contract; the money is from an LLC; now they are saying they are hard up for money; but they have another 11 LLC's in their name. The question is if they go bankrupt on the LLC where the money was loaned from, can I sue on the other LLC's for my money owed?

Peter J. Weinman
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answered on Apr 21, 2023

That's not an easy question to answer, but the short answer is "probably not." The exception might be if you were able to show that the LLCs were set up as shams to perpetuate such frauds against lenders. The loan to the LLC did not include a personal guarantee? Check the signature... View More

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1 Answer | Asked in Construction Law and Contracts for New Jersey on
Q: In NJ, had a contract with general contractor who had a contract with plumber (subcontractor). I paid GC in full

GC did not pay subcontractor in full. Plumber is threatening a mechanic's lien on my home for $3,000.00 owed from contractor. Can subcontractor place lien on my home?

Leonard R. Boyer
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answered on Apr 19, 2023

Yes the subcontractor can do so, the validity of it would be questionable. A strongly worded letter from an experienced civil litigation attorney could solve the problem. In addition, it may be possible based on knowing more facts that you can also take action against the GC. With modern... View More

2 Answers | Asked in Contracts and Business Law for New Jersey on
Q: I'm not a lawyer I want to do a contract with an licensed New Jersey attorney to provide services to other, is it legal

Own a LLC in New Jersey that provides legal services, I am not an attorney so I want to contract out to a licenses New Jersey Attorney, but I am trying to figure if that is legal in this state.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 4, 2023

A noted US entrepreneur once said that the secret to getting rich is to "find a need and fill it".

All lawyers want and seek more business, so you've found a need.

Fill it? In every bankruptcy case, the attorney for the debtor must sign and file a statement that he...
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2 Answers | Asked in Business Law and Contracts for New Jersey on
Q: Non Disclosure Agreements The accountant of 2 individuals interested in buying my business requested my financials.

Do I ask the accountant to sign the NDA also or just the potential buyers?

Thank you.

Jacob Rheaume
Jacob Rheaume
answered on Mar 9, 2023

First off, congratulations on the interest in your business.

It will depend on how the NDA is drafted. Typically, an NDA will contain language such as:

"The Receiving Party, including its agents, employees, representatives, members (collectively, the "Receiving...
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2 Answers | Asked in Business Law and Contracts for New Jersey on
Q: Non Disclosure Agreements The accountant of 2 individuals interested in buying my business requested my financials.

Do I ask the accountant to sign the NDA also or just the potential buyers?

Thank you.

Leonard R. Boyer
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answered on Mar 9, 2023

What you really need to do is have a non-disclosure, non-compete and non-circumvent agreement signed by anyone and you should not do any of this without an attorney. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography. Pick the best... View More

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2 Answers | Asked in Contracts for New Jersey on
Q: If I rented space in my yard to store boats and wrote a receipt without terms, is the receipt a binding contract?

I rented some space in my yard to someone to store a couple boats. He paid me $500 upfront for 2 months. I was not aware of the cost of storing a boat. I left for a couple hours and when I came back there was 5 boats, a total of 120 ft in total length and scattered all around the yard not parked... View More

Morris Leo Greb
Morris Leo Greb
answered on Mar 4, 2023

The position to take is that thee was no meeting of the minds and, thus, no contract. The worst csase scenario is that it is a month to month lease, if no term was agreed upon. So before the beginning of the next month.s term, give him written notice that the lease is terminated, Send the notice by... View More

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1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for New Jersey on
Q: In NJ courts, how long does a Plaintiff have to reply to an "Answer to Compliant with Counterclaims" from a Defendant?

As the Defendant, I filed an "Answer to Compliant w/ Counterclaims" in an NJ Superior Court on 1/10/23 (the date the Answer to Complaint was due). How long does the Plaintiff have to submit a Reply to the Counterclaims? If Plaintiff does not file a Reply by the deadline, can I make a... View More

Leonard R. Boyer
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answered on Feb 13, 2023

Plaintiff has no obligation to file a reply. There are several ways that a Plaintiff can respond if it so chooses. You cannot make a motion for Default against the Plaintiff. What you need to do is to retain an experienced civil litigation attorney because what you do not know can destroy your case... View More

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