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New York Contracts Questions & Answers
1 Answer | Asked in Contracts for New York on
Q: Am I in trouble after I agreed to sell my tablet to my friend but sold another friend?

I was talking about selling my old tablet for around $200 online, then my friend called me and he wanted to buy it at $150. I agreed and I told him to bring it the same day but on the way to his house, I run into my another friend and she offered me $200 to buy the tablet. so I sold it to her.... View More

Tim Akpinar
Tim Akpinar
answered on Dec 12, 2023

It sounds like a breach of contract from a textbook standpoint because you had an offer and an acceptance initially, and then you had another offer and acceptance for the same item and sold it to someone else. Based on the cost of the tablet, you probably don't want to involve attorneys or... View More

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: I leased a BMW SUV in NY, but the SUV was totaled, and the BMW FS ( NJ) refused to return my prepaid. Where can I sue?

I leased a BMW SUV in NY for 36 months with a huge cash down payment for less monthly payment, but the SUV was totaled in the 13th month, and the BMW FS ( NJ) refused to return my prepaid. They said the down payment is for less monthly payment, it's not prepaid for the lease fee. I'm... View More

Carl Nelson
Carl Nelson
answered on Dec 4, 2023

The cost of a lease is comprised of the vehicle’s depreciation during the term plus a money factor, which is essentially interest (not to mention other fees and taxes). Generally you would be responsible for the term of the lease over the term, but could also be responsible for damage more than... View More

1 Answer | Asked in Contracts for New York on
Q: Can a gym membership hold you liable for a 2 month payment opt out in suffolk county ny?

I emailed and texted that was unable to keep it on July 19. My payments are the 16th. I paid aug,sept, and oct. Now they are saying I never filed an opt out form. Am I liable for another 2 months? I have been a member for over a year and the mandatory length was 4 months.

**update The gm... View More

James L. Arrasmith
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answered on Nov 23, 2023

In Suffolk County, NY, the enforceability of a gym membership contract and its cancellation terms depend on the specific language of the contract. If your gym membership agreement includes a clause requiring a formal opt-out form to cancel the membership, then not submitting this form could... View More

1 Answer | Asked in Contracts and Intellectual Property for New York on
Q: I paid for services and they weren't rendered. What do I do?

I paid a publishing company in Oct 2023 and still haven't received my books. After tons of follow up emails every few months without many responses, it's now been 18 months since first communication and I am concerned I will not receive what I paid for. He must have responded a total of 4... View More

James L. Arrasmith
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answered on Dec 21, 2024

I'm sorry you're going through this frustrating experience. Start by gathering all your documentation, including receipts, contracts, and all email correspondence. This evidence will be crucial for any further actions you decide to take.

Next, send a formal demand letter to the...
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1 Answer | Asked in Civil Litigation and Contracts for New York on
Q: I had a guy that come to buy my snowmobile before any title was signed or a bill of sale was filled out he drove away,

He never returned the following day to do the paperwork as was planned, I ten informed him I wanted to cancel the sale and return his money and take my snowmobile. At that point he dropped all communication. Is a short text conversation considered legally binding contract between us? If so I... View More

Tim Akpinar
Tim Akpinar
answered on Nov 27, 2024

A text might more likely serve to support the existence of a contract rather than being a self-standing written contract, which could often involve additional requirements. An attorney would probably want to know more about all communications in the transaction. One option could be to reach out to... View More

1 Answer | Asked in Contracts for New York on
Q: I just signed a contract for selling my house less than 24 hours ago in New York state. I wrote them:

I need to cancel that contract which was signed less than 24 hours ago. Is it legal to have my contract broke without any penalty. Can you please help me. They are telling me that I cannot break the contract because New York State does not have a law like that but everything I am reading is stating... View More

Jack Mevorach
Jack Mevorach
answered on Oct 29, 2024

I don't think the 3 day cooling off law applies to this type of contract, but I could be wrong. Did you deposit any funds from the purchaser?

Jack

1 Answer | Asked in Banking, Contracts and Tax Law for New York on
Q: Is the Internal Revenue Code positive law?

My friend was wondering if the Internal Revenue code is positive law. He said that because it is covered under title 26 of the USC it is Prima Facie interpretations of the law and are therefore invalid. He also says that because Congress unconstitutionally gave power to the Secretary of Treasury to... View More

James L. Arrasmith
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answered on Oct 24, 2024

Yes, the Internal Revenue Code (IRC) is considered positive law. Title 26 of the United States Code was enacted by Congress in 1986 and serves as the official compilation of federal tax statutes. When a title is enacted as positive law, it means the text itself has been passed by Congress as law,... View More

1 Answer | Asked in Contracts, Tax Law, Traffic Tickets and Gov & Administrative Law for New York on
Q: Because the DMV has a UEI number does this make it a corporation?

My friend was wondering if because the DMV has a UEI number that that makes it a corporation. I tried to tell him that it is simply a state government agency responsible for issuing licensing and registration however he believes that having that number makes the DMV a for profit corporation.... View More

James L. Arrasmith
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answered on Oct 24, 2024

Having a UEI (Unique Entity Identifier) number does not make the DMV a corporation. The UEI is simply a unique identifier used by various government agencies to track entities for administrative purposes. The DMV remains a state government agency responsible for issuing licenses and registrations,... View More

1 Answer | Asked in Contracts, Real Estate Law and Business Law for New York on
Q: I am considering legal action against my property management company. T

I am considering legal action against my property management company. Their negligence in managing my property, particularly in their interactions with the city, has resulted in a financial loss of over $7,000. Given their failure to respond to my communications and their apparent breach of our... View More

Jack Mevorach
Jack Mevorach
answered on Oct 21, 2024

Perhaps. Or, at least, termination of the contract.

Jack

2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Tax Law for New York on
Q: I’m looking to retire and shut down my LLC
Jonathan David Warner
Jonathan David Warner
answered on Oct 14, 2024

I'm not sure what your question is... but I'll try to provide some helpful tips.

First, make sure to notify your accountant or payroll service provider of the closing date so they can prepare the final returns. Failure to do so can result in massive fines and large penalties....
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1 Answer | Asked in Civil Litigation and Contracts for New York on
Q: Contractor ( subcontactor) fraud and negligence. Breach of contract. Need a consult please asap.

Fraudelent contractor using his status as an NYPD maintance worker as part of his" trusted subcontractor and concerned neighbor" pitch. Him and another subcontractor had gained my confidence by doing emergency repairs twice before I had him sign a basic contract to work. He half ripped... View More

Jack Mevorach
Jack Mevorach
answered on Oct 12, 2024

Most attorneys offer free telephone consultation.

Jack

1 Answer | Asked in Contracts, Employment Discrimination and Employment Law for New York on
Q: Is my employer required to pay moving fees to return equipment I let them?

I've resigned and want my employer to pay to have the equipment sent back to me. They have refuse to pay this. I received no rent or pay for lending this equipment and it was used to help the business. Do I have any recourse?

Neil P. Flynn
Neil P. Flynn
answered on Sep 26, 2024

Thank you for reaching out to us regarding the legal issue your facing.

As I understand it there is no agreement in place regarding the equipment. And you voluntarily provided it for use in the course of your employment and your employer's business. Under these circumstances, it's...
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2 Answers | Asked in Contracts, Criminal Law and Constitutional Law for New York on
Q: Is UCC 3-402b2 proof of their being a separation between you and the "ALL CAPS NAME"

My friend is adamant that the ALL CAPS NAME (he told me to spell it like that when asking) is separate from the living human being which is separate from the natural person. He claims that the all caps name is a corporation acting as a "represented person". I showed him several court... View More

Jack Mevorach
Jack Mevorach
answered on Sep 17, 2024

Corporate status is not determined by uppercase, lowercase or a combination of the two.

Jack

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1 Answer | Asked in Contracts for New York on
Q: Can I break my illegitimate lease?
Tim Akpinar
Tim Akpinar
answered on Sep 10, 2024

You may want to repost this and add "Landlord-Tenant" as a category - that might be why the question remains open for a week. Although you're correct to use the "Contracts" heading, reviewing a lease could require knowledge of landlord-tenant law. Some questions here go... View More

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Real Estate Law for New York on
Q: Will owner financing (about 1/3 of price, 1/3 buyer cash, 1/3 mortgage) work for the seller? Risks, issues, steps?

Manhattan apt at low $700k, market dead. Only interested buy has tight financials after cash down. I also wonder about my owner financing terms (years, rate-will to take 5%)...

Steven Warren Smollens
Steven Warren Smollens
answered on Sep 6, 2024

If this is a cooperative apartment, it is unlikely that your cash-strapped potential purchaser and you would receive consent to proceed with a contract to sell. It would help if you had an attorney to navigate the sale of a co-op apartment in NYC.

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1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for New York on
Q: Landlord leased a rental unit that is inhabitable (so says the incorporated village) and is making us sign an agreement

The deposit is over $10,000. We have received the total commission money back. They broke the contract first, but are making us sign an agreement to not sue in order to get our money back. Is this legal? Is there a way to get our money back (and quickly) without signing? Not looking to take legal... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Sep 5, 2024

You should never sign a general release without an attorney giving you the ok to do so.

1 Answer | Asked in Bankruptcy, Contracts, Banking and Government Contracts for New York on
Q: Does 12 USC 411 mean that debts are obligations of the United States?

One of my friends wanted to know if 12 USC 411 makes it the government's responsibility to pay back debts and loans given the wording "The said notes shall be obligations of the United States". They believe that because of this if they take out a loan they have no obligation to pay... View More

James L. Arrasmith
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answered on Aug 20, 2024

Your friend is misunderstanding the purpose of 12 USC 411. The phrase "The said notes shall be obligations of the United States" refers to the currency itself, meaning that Federal Reserve notes are backed by the U.S. government. This ensures that the currency is legal tender for debts... View More

4 Answers | Asked in Contracts, Business Formation, Business Law and Entertainment / Sports for New York on
Q: If a dissolution agreement (New York State) has been sent, is there a time limit for the agreement to be signed?

I am attempting to dissolve a partnership for a company created to produce a musical I created. The agreement entitles me to all the rights back to my work. They have had the dissolution agreement since December and haven't responded.

Jack Mevorach
Jack Mevorach
answered on Jul 10, 2024

I would think not, unless the agreement has a stated expiration date within it. Watch for Statute of Limitations.

Jack

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1 Answer | Asked in Contracts, Elder Law and Land Use & Zoning for New York on
Q: Can my father's neighbor claim his land by adverse possession ?

My father has allowed his neighbor to use my fathers land for raising cows with no written agreement can the neighbor claim his land after 10 years? The neighbor has been mowing and has cows on the land for the last 5 years. My father has offered to sell the land to the his neighbor and he says he... View More

Jack Mevorach
Jack Mevorach
answered on May 31, 2024

Yes, a recorded written agreement can defeat a claim for adverse possession. Whether the neighbor even has a valid claim for adverse possession is unknown.

Jack

1 Answer | Asked in Contracts, Government Contracts and Landlord - Tenant for New York on
Q: hi i have a concilation agreement contract with hud for discrimination for my sevice animal will any one look at it?

they are willng to pay but they want me to sign a w9 and 1099 tax form

Tim Akpinar
Tim Akpinar
answered on May 31, 2024

Attorneys on this forum can't take up your offer to review your contract. The format here is limited to Q & A. It isn't set up for attachments or confidential review of documents. That's probably why the question wasn't picked up. You could reach out to attorneys through the... View More

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