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Oregon Contracts Questions & Answers
1 Answer | Asked in Contracts, Business Law, Health Care Law and Medical Malpractice for Oregon on
Q: What are my legal rights if a failed dental implant is redone by another dentist or oral surgeon?

A dentist performed a dental implant on me that failed. So they are offering me the option of either a full refund for the failed implant or having an oral surgeon remove the implant and redo it. They are asking me to sign a letter stating which option I choose. For the second option, which I want... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 12, 2020

An Oregon attorney could advise best, but your questions remain open for two weeks. As a GENERAL matter, it could be difficult for any attorney to offer an advisory opinion here, because sometimes the enforceability of any agreement cannot be guaranteed or precluded until it goes before a judge, or... Read more »

1 Answer | Asked in Consumer Law and Contracts for Oregon on
Q: Can someone return a private, as is, sale car after driving it over 400 miles?

Asking for my parents- They helped my brother by advertising and selling a used minivan for 2700 dollars. The woman who bought it test drove it and paid full price. She signed a bill of sale that said as is. Yesterday, a week after she bought the car she came at 9:00 at night to return the keys.... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 20, 2020

Sorry to hear your folks are having this problem. Normally "as is" covers all problems, but there could be an exception, that is where the seller knows of a defect that cannot be readily detected. Why does the buyer want to return the car? As the seller, once the buyer took possession... Read more »

1 Answer | Asked in Contracts and Tax Law for Oregon on
Q: Was garnished by state asked accountant for help he agreed to help and led me on for 6 months and did nothing.

I am still trying to get this straightened out. I paid H&R Block to handle back tax filings. They never file my 2018 return. Don't these people have a fiduciary responsibility? I suffered a significant financial loss due to their inaction. Do I have a case to sue them?

D. Mathew Blackburn
D. Mathew Blackburn answered on May 20, 2020

First off H&R block are not accountants, they're return preparers regardless of their other certifications.

Second, they do have a responsibility but you're going to have file a lawsuit to get them to do much of anything once they've been paid. They do this all the time...
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1 Answer | Asked in Contracts, Business Law and Libel & Slander for Oregon on
Q: When a landlord wishes to sell and the realtor uses your name, plus claims you have no lease ?

Oregon commercial lease and a landlord wishing to sell your building and the realtor goes door to door claiming your closing and have no lease when you do. And the evidence was shown to be true and they had 3 law firms try a manmade default what would the law of limitations be time wise and how... Read more »

Gabriel A Watson
Gabriel A Watson answered on May 16, 2020

It will depend on specifics but you could have a number of different claims against the different parties you refer to.

Begin by looking at the terms contained in your lease--or if you do not have a lease there will be other rules that apply depending on the nature of your relationship with...
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1 Answer | Asked in Contracts for Oregon on
Q: Can a venue keep my deposit for a wedding planned for August 2020?

We paid a deposit for a venue in Oregon for an August wedding. Due to COVID-19, the venue is telling us we are being limited to 25 people. We asked for our deposit back and they are refusing. Not only are they refusing to return our deposit, they are telling me they will be grabbing the remainder... Read more »

Gabriel A Watson
Gabriel A Watson answered on May 15, 2020

The answer to this question will depend on a number of specific factors--and COVID-19 makes matters even more complicated. Everyone, including attorneys who assist clients with the law, and lawmakers...who make the laws, are in uncharted territory right now; unfortunately, you too are impacted by... Read more »

1 Answer | Asked in Agricultural Law, Contracts and Landlord - Tenant for Oregon on
Q: What are the Oregon eviction laws currently due to covid-19? Some tenants not paying rent and want late fees waived too

Do you guys also give equine boarding facility advice?

Gregory L Abbott
Gregory L Abbott answered on May 1, 2020

To qualify for deferral of paying residential rent, the tenant is supposed to have applied and provided proof to the landlord before the 1st of the month that their ability to pay rent is currently compromised due to covid-19. Good luck in getting a Judge to enforce that and it won't really... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Oregon on
Q: Issues with putting in maintenance orders and company marking them as complete without doing anything.

What are my options? We have two months left on the lease. We have had to put multiple orders in for the same thing and we are told by the owner that he did not know and the rental company is telling us that the owner didnt want to fix it. The major complaint is the back deck is rotting away and... Read more »

Gregory L Abbott
Gregory L Abbott answered on Apr 16, 2020

First, be sure you have documented everything - the habitability violations and your requests for maintenance and yes, document EVERY request you have made (and put future maintenance requests in writing). Try calling your city building code inspectors to see whether they will come inspect and... Read more »

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Civil Rights for Oregon on
Q: In Oregon we have a ban on events of 25 or more. Would an event location with room for 3+ feet between people work?

Here is an how i see it

4. [...] I am prohibiting[...] gatherings of 25 people or more. This prohibition applies statewide.

5. [...] this Executive Order include, but are not limited to, any[...] events or activities, if a distance of at least three (3) feet between individuals... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 20, 2020

In light of the moment-by-moment changes being made to federal, state and local laws as all the governments try to handle all aspects of the Corona virus pandemic sweeping the world I have decided not even to try to answer any of the scores of "what if" questions being posted by askers... Read more »

1 Answer | Asked in Contracts and Communications Law for Oregon on
Q: Can a mechanic charge me 20% of the price of a part I no longer want?

Been dealing with a mechanic about 3 weeks. Ordered a part I needed a week ago told me it would be in within the next week. Asked him about when it would be put in this week. And now hes told me another week out, I decided to go somewhere else and now he wants to charge 20% of the price of... Read more »

Joanne Reisman
Joanne Reisman answered on Mar 11, 2020

It's hard to say but unless he promised you in writing a date by which he would have your car fixed I think you are being unreasonable and you should either pay for the cost of returning the part which he only ordered for you or just let him finish the job and have him guarantee in writing... Read more »

1 Answer | Asked in Contracts for Oregon on
Q: I completed a purchase/sales contract in its entirety for a new car the dealership wants it back -unable to secure loan

I recently bought a car and completed the sales contract. With numerous papers signed including bill of sale release of Interest, new plate request etc however about 10 days 11 days after I have been driving the vehicle and after touching bases briefly with the Financial firm I was contacted by the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 10, 2020

This is not a legal question. If you are unable to get financing than you have to take the car back. Period. If you keep it and refuse to do what they say, you will soon have a real legal question or three.

1 Answer | Asked in Contracts and Employment Law for Oregon on
Q: I have a contract for employment. with financial fees - its an at will state of Oregon. is it binding need help consult

for company and need to leave to apply elsewhere causing anxiety and distress

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Feb 8, 2020

Usually the contracts that require repayment of relocation or sign on bonuses are valid, but any attorney would need to review the entire contract to give you a valid opinion.

2 Answers | Asked in Contracts and Real Estate Law for Oregon on
Q: Our house is for sale and under contract. The buyer placed an ad to rent out our house. Is this legal?

The buyer, without our knowledge, approval or consent placed an ad to rent our house. The ad was an almost exact copy of the listing description. They included two pictures of our property in the ad. They even had people scheduled to tour the house 2 weeks before the closing date!!! The only... Read more »

Joanne Reisman
Joanne Reisman answered on Feb 3, 2020

They would be entitled to rent the house once the sale closes. But it sounds like they acted prematurely. I wouldn't jump to conclusions without knowing the facts. Have your real estate agent contact their real estate agent and get this sorted out, ie no rental advertisements until the sale... Read more »

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1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Tax Law for Oregon on
Q: Is a cash for keys buyout of my lease taxable income? If so is it regular income or capital gains income?

We lived in the same apartment in Los Angeles for ten years. The landlord let the building degrade over that time refusing to fix basic things like the roof leaking into the bedroom every winter from the start of the lease, not fixing broken security gates & doors, leaving the front gate of the... Read more »

Andrew M Steiger
Andrew M Steiger answered on Jan 31, 2020

It’s hard to say without seeing the lease and buyout agreements. In some cases, taxpayers can argue that a payment like that is actually a reduction in the monthly lease payments based on not receiving the value that you initially bargained for. In other words, an adjustment to the purchase... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Oregon on
Q: Two different leases for one house and three roommates?

My wife has a lease in oregon with two other roommates. One roommate is the daughter of the landlord. She also has a different lease from the other two tennants allowing her to have a dog. The other two tennants, my wife included, are not allowed to have any pets per the lease they have signed. Is... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jan 15, 2020

Certainly - and is one reason to have separate leases rather than all on one. The terms of the landlord's agreement with one tenant does not have to be the same as with a different tenant, so long as they are on different leases. It also means that you can't get evicted if she does not... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Oregon on
Q: Fixed Term yearly rental agreement notice. Inside of 30 days...shouldn't I have received notice of increase by now?

Can they still increase if I renew? Usually, I get at least a 60 day notice with what they call an "offer" to renew...and always at an increase. If they increase by 7 to 10 percent, I might want to move, but without notice that doesn't give much time. Does the new Oregon law require... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jan 6, 2020

First, although you do not say, I am assuming you are referring to residential landlord-tenant in Oregon. If so, then one needs to carefully read your existing lease to determine what it says about termination and/or any form of renewal. That said, you are correct that you likely are entitled to... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Landlord - Tenant for Oregon on
Q: I have an eviction that starts tonite but I have proof now that I owe my home not my trustee or trust.

what can i do now. Fraud has been committed by my half-brother the trustee, I need help asap please

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Nov 4, 2019

You need to start calling around for attorney's ASAP, as attorney's here cannot contact you (please don't contact me, I can't help you). Use the find a lawyer link above and find someone who does landlord/tenant or perhaps trusts and estates.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Oregon on
Q: Do apartment managers NOT have to disclose the lease-length of known, quiet neighbors? I'm trying to avoid future noise.

I'm trying to decide whether to stay on month-to-month rent or get a lease, and future neighbor NOISE is the main wildcard. My current neighbors are luckily quiet (for the most part) but new ones could be bad. The managers say they can't legally tell me when the quiet people's lease... Read more »

Gregory L Abbott
Gregory L Abbott answered on Oct 11, 2019

Sorry but you have no legal right to know anything about the rental agreement between a neighbor and the landlord. You may want to know; you may have use for the information; but you have no right to know. Ask your neighbors, perhaps they will tell you. Only you can make the decision as how to... Read more »

3 Answers | Asked in Criminal Law, Contracts and Business Law for Oregon on
Q: Is this a civil or criminal issue?

I was working with a guy on his business. I created a website for him and I was working on a crowdfunding campaign for him. I guess I didn't complete the project fast enough for him and now he is saying he is gonna press charges on me for fraud and theft and contacted a lawyer. Is this a civil... Read more »

Gary Kollin
Gary Kollin answered on Sep 24, 2019

Generally, fraud in a commercial matter only occurs when the prosecution can prove that you never intended to do the work or had a history of not performing work

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2 Answers | Asked in Contracts for Oregon on
Q: a Statutory Bargain and Sale Agreement includes this sentence: "Members of the XXXX families and their heirs shall be

entitled to use the recreation facilities.."

Is this legal under Oregon Law to extend those rights forever ?

Daniel DiCicco
Daniel DiCicco answered on Sep 16, 2019

Probably unenforceable due to the Rule Against Perpetuities but it’s very rare for that to come up outside of the estates and trusts arena. Would need to look deeper to know for sure.

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1 Answer | Asked in Contracts for Oregon on
Q: I purchased an occupied duplex. current rents are low. am I still obligated to SB608 even though will be a new agreement

I feel a government that sets standard for rent increases should also set minimum rents. perhaps a sq ft price for each county. Maybe they did?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 28, 2019

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