Lawyers, Answer Questions  & Get Points Log In

New York Contracts Questions & Answers

1 Answer | Asked in Contracts for New York on

Q: If the attorney approval period expires without either attorney voiding the contract (or approving it) do we still have?

Michael David Siegel answered on Aug 13, 2019

New York law has no attorney review period. That is a New Jersey concept. If you have a special contract with an attorney review, it is not the usual form.

1 Answer | Asked in Contracts and Legal Malpractice for New York on

Q: How can I get contents of my complete settled and disposed file from my attorney in my tort case?

established attorney - client relationship in 2012, he began the case in 2014 settled in 2019 the case?documents the judge's decision of the settlement, mediation, signing the settlement agreement for opposing side, and copy of the settlement check with his signature. he didnotprovide my file... Read more »

Michael David Siegel answered on Aug 6, 2019

You are entitled to it. Write the lawyer and ask.

2 Answers | Asked in Business Formation and Contracts for New York on

Q: I make three payments for a contract about cleaning house I nobody told me nothing nobody called me

I don’t know was going on

Michael David Siegel answered on Aug 3, 2019

You can sue for your money back, or file a police complaint for consumer fraud.

View More Answers

2 Answers | Asked in Banking, Contracts and Small Claims for New York on

Q: I want to start a very small lending company. $1000-$5000 max no more then 14% what exactly do I need to do this?

I read that 25000 and under and over 16%

But I would be charging less in interest so would I need any license ?

Michael David Siegel answered on Jul 24, 2019

If you are lending to the public you need a banking license.

View More Answers

1 Answer | Asked in Contracts for New York on

Q: I got auto-charged a renewal to an annual subscription for a website theme with no 30-day warning.

They are refusing to refund me despite my site being no longer active because I agreed to their terms and conditions upon signing up. However, they failed to warn me about the renewal. Are they legally obligated to refund me.

Charles Oliver Wolff answered on Jul 22, 2019

Although almost all subscription services warn subscribers of upcoming auto-renewals as a courtesy to ensure the money is available, they are not required to do so, unfortunately. I am assuming that you elected for automatic renewal, or at least agreed to it, when you first signed up. You should... Read more »

2 Answers | Asked in Contracts for New York on

Q: Hello My husband co-sign on his cousin house. He was told the contract was for a yr. how he take himself out of it?

He was told it would only take a year to take him out of contract. It was done as a favor for his cousin. It’s been more than 6 years and it’s affecting his credit because the mortgage is not always paid on time by his cousin. My husband does not live on the house or contribute in any kind. He... Read more »

Michael David Siegel answered on Jul 13, 2019

Unless the cousin refinances to take him out, he does not get out of it.

View More Answers

2 Answers | Asked in Contracts and Real Estate Law for New York on

Q: a active land contract with mistakes, (1) recorded the deed (warranty deed) clear in my name. no mrtge, do i still owe ?

warranty deed with lien covenant with original grantor signed and myself as grantee. Clear title warranty stated. the date on the deed which is officially recorded states 2008 the document was created and recorded on 2018 (2nd mistake). it is a land contract that im paying on but no lien or... Read more »

Bruce Alexander Minnick answered on Jul 11, 2019

Whoever made all these mistakes could not have been a competent lawyer; so do yourself a big favor by hiring a REAL lawyer to fix all these mistakes.

View More Answers

1 Answer | Asked in Business Law, Contracts and Small Claims for New York on

Q: If I have a signed but undated loan contract (with myself being the lender), how can I prove my case in court?

Michael David Siegel answered on Jul 9, 2019

Prove the advance of funds. There should be a date on the check.

1 Answer | Asked in Consumer Law, Contracts and Collections for New York on

Q: I want to object as a plantiff , defense has filed a motion to compel and bring the case to federal court for subject ma

Subject matter jurisdiction. I have personal jurisduction in state supreme court. What is the name of the document to file to object to motion to compel change of venue.

Bruce Alexander Minnick answered on Jul 1, 2019

If the state court case meets all the requirements for being brought in a federal district court, the defendant(s) can remove it to the proper federal district court having jurisdiction. You as plaintiff can object to removal--which may be granted--because the federal court does not have to take... Read more »

1 Answer | Asked in Consumer Law, Contracts and Banking for New York on

Q: Can a private investigator track where i have been using my phone GPS or my car GPS?

I recieved a business card from a repo company PI. Not only did i recieve it at my house but it got addressed to me and sent to my boyfriends house as well. I never put his address on any documents what so ever. The only place i have his address is my phone and my car GPS. I never put his address... Read more »

Bruce Alexander Minnick answered on Jun 26, 2019

In these days of very advanced high-tech electronic systems and devices there is no doubt that smart investigators, private or otherwise can track anyone, anywhere at anytime--without stopping for coffee. There is nothing legal that you or I can do about it either. Welcome to America, circa 2019.

1 Answer | Asked in Contracts and Employment Law for New York on

Q: Can someone please tell me what this means?

"Severance: The firm shall pay to Employee severance pay in the gross sum of $3,139, which is equivalent to two (2) weeks of Employee's current base salary. This sum shall be treated as wage income, and shall be subject to applicable federal, state, and local withholdings and deductions. Payment... Read more »

Bruce Alexander Minnick answered on Jun 21, 2019

It means the employee can expect to receive two weeks' pay less normal deductions on the regular pay day following the effective date of the severance.

1 Answer | Asked in Business Law, Construction Law and Contracts for New York on

Q: Is a oral contract with a remodeling contractor who has been given the code approved plans provable in a court of law?

Hired a contractor upon receiving a written estimate. He was provided with engineered building plans and the knowledge the code enforcement was involved. I was the permit holder. He received payment in advance due to him stating he could secure financing through Synchrony bank where he is a... Read more »

Bruce Alexander Minnick answered on Jun 20, 2019

Your question assumes a critical fact not established in this dispute. Just because you say the contract was oral does not make it so. IMPO, the remodeling contract you have with the contractor is clearly evidenced by the written estimate provided to you, apparently without objection. Paying the... Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for New York on

Q: I don't agree with the new co-tenant chosen by my landlord and want to break my lease.

I am on a one year lease with my current apartment and am renting one of the three bedrooms. It was an all female apartment earlier. One of my co-tenants recently moved out and my landlord wants to bring in a male to replace her. I have never lived with a guy before and am not comfortable with this... Read more »

Elaine Shay answered on Jun 20, 2019

In NYC, except for limited number of remaining SROs, landlords are not permitted to rent out individual rooms in an apartment to different tenants. Instead a landlord may rent an apartment to tenant or co-tenants that work out their own arrangements regarding the sharing of the space.... the... Read more »

View More Answers

1 Answer | Asked in Contracts and Animal / Dog Law for New York on

Q: If two people are on a vet account but only one signs any papers and payment agreement are both responsible for the bill

A few months ago my ex sister in laws pet needed to be seen by a vet. I called the vet and set up the appointment for her. The vet put both of our names on the file even tho it was for her animal. I went with her to the appointment for moral support and I watched her animal for a few days till she... Read more »

Bruce Alexander Minnick answered on Jun 17, 2019

It sounds like you have some choices: (1) Pay the old vet bill so the vet will take your pet in; (2) don't pay the vet bill and wait to see if the vet tries to collect; (3) Ignore the two previous choices and find a new vet for you pet (4) do nothing.

2 Answers | Asked in Contracts and Landlord - Tenant for New York on

Q: Can roommate sue after they found a subletter that later left without me having any contact in months?

I am on the lease with 2 other girls but was being harassed. They wanted to find their own subletter so I left and they later found one and I had no contact with them. I forfeited my portion of the security deposit. Now that subletter moved out too and they are looking again. Can they sue me for my... Read more »

Elaine Shay answered on Jun 10, 2019

When you sign a lease as a co-tenant, each co-tenant remains responsible to the landlord for the full amount of the rent due to the landlord. This is true regardless of whether a co-tenant moves out before the expiration of the lease.

View More Answers

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Gov & Administrative Law for New York on

Q: Help filing suit for breech of contract.

I pawned my stereo for $125 with the understanding that I would be back to pick it up within 7 days. I called on the 4 day and was told it got sold a few days prior. He not only broke out deal, but he broke state law by selling the item before the 5 day minimum wait time. I have a witness to the... Read more »

Bruce Alexander Minnick answered on Jun 7, 2019

The amount of money involved is way too small to be of interest to most lawyers. FYI, the law is not designed to solve every little problem that comes your way during this lifetime; the Latin phrase for this rule is "De minimus non curat lex."

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Landlord - Tenant for New York on

Q: My father passed away and his house in Puerto Rico still has a tenant. She has been paying the same rent for almost

Over 15 years or so, I really don’t know. And the taxes are more than what she pays in rent. How h much can I raise the rent and when, etc. any info will help

Elaine Shay answered on Jun 4, 2019

Since the property is in Puerto Rico, your question would be better directed to an attorney admitted to practice in that jurisdiction.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Civil Litigation for New York on

Q: Can a non profit mortgage co receiving federal grants rescind qualification because you have an attitude on the phone?

I was recently qualified through NACA for a mortgage. I paid for a home inspection, I got a contract of sale, and I hired an architect (all out of pocket). The rehab specialist I was dealing with was extremely negligent in returning calls and emails. It took her a week to contact me back and sp I... Read more »

Bruce Alexander Minnick answered on May 31, 2019

As you just found out, tor all practical purposes the answer is yes. BTW: The lesson just learned--about what happens to many people who have bad attitudes when dealing with other people who can pull the rug out from under them--is much more valuable than you think. As Archie Bunker used to say to... Read more »

2 Answers | Asked in Contracts for New York on

Q: Is quantity an essential term in a contract for the sale of goods in New York?

Michael David Siegel answered on May 31, 2019

Yes, if the claim is for a certain quantity being required. A contract could set a price, but not require any actual sales.

View More Answers

2 Answers | Asked in Contracts, Products Liability and Health Care Law for New York on

Q: I wish to know the approximate Attorney fees for the False claim act case

Hello,

I am a whistleblower working in a US based pharmaceutical company. I have highlighted potential non-compliance with cGMP requirement by the company to USFDA. USFDA has taken the issue seriously, issued many observations and followed by a warning letter. As of now, USFDA is not filed... Read more »

Bruce Alexander Minnick answered on May 15, 2019

Florida law prohibits licensed lawyers from collecting more than 40% on contingency basis. That is why most lawyers charge the maximum. However, on any other basis attorney fees are unlimited. So some lawyers also keep accurate time records so--if they win--they can calculate the fee both ways and... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.