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Oregon Contracts Questions & Answers
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

What is your legal question?

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Environmental for Oregon on
Q: I am a land owner in mult co. Having some major logging done. Company is grossly unprofessional. I need legal advice!

I live in multnomah county in Corbett. The logging outfit has all but quit, with a huge mess, not fixing the driveway or regraveled, and still many trees left to cut down and haul to the lumbermill! I have 12.75 acres and this is a huge undertaking! I have bills to pay and trees to replant. With... Read more »

Joanne Reisman
Joanne Reisman answered on Jul 25, 2019

You will have to consult an Attorney because I would expect you signed some type of contract or paperwork and part of the answer to your question is figuring out what your rights or liabilities are under the contract. Sometimes you need to take formal steps like have an Attorney write a letter to... Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for Oregon on
Q: My 12 month lease expires in less than 30 days. How much notice is required for them to raise the rent?

My 12 month lease expires in less than 30 days and the property management company has not given us a new lease to sign yet. I emailed them a week ago and they are going to try to contact the property owner. I got the impression they might have forgotten about us. How much notice are they required... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 5, 2019

Lawyers are very intelligent and highly trained professionals--but we are not soothsayers; nor do we do crystal balls. Therefore, I am constrained by a fundamental law of the universe and unable to opine on your current dilemma.

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2 Answers | Asked in Contracts and Landlord - Tenant for Oregon on
Q: I was told I would get a refund of money paid for cleaning and repair. It has been more than 30 days, no money returned.

I have phoned the Lynnwood, WA office and given a number to call in Texas. The number is either not aswered or there was no return to messages left at the Texas number or the Lynnwood number when I called to see if there was a different number. What should I do next? Thanks

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 1, 2019

Let it go. 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."

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1 Answer | Asked in Contracts, Estate Planning and Landlord - Tenant for Oregon on
Q: What are my right for my rental agreement living in Oregon?

I have lived at my place almost a year. My lease ends in August. My landlord plans to sell the place. She hasn’t given official notice. Legally she needs to give 30 days notice. What rights do I have or benefits can I receive if she doesn’t give 30 days notice?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 20, 2019

Most lawyers do not like to answer this kind of "what if" question because there are unknown facts involved and because there are too many possibilities that could happen--depending on the unknown facts.

1 Answer | Asked in Contracts and Constitutional Law for Oregon on
Q: Can the Subcontractor present a contract for the General Contractor to sign? Haven't seen any such contracts online.

I can only find Subcontractor Agreements online not a single General Contract agreement that the Subcontractor is presenting to the General. Does such a contract not exist? What protections can the Subcontractor have against the General Contractor?

Daniel DiCicco
Daniel DiCicco answered on May 30, 2019

You can feel free to make any contract you want. By and large there are no rules about what you can or can’t write down and agree to in a contract.

A lawyer can draft a simple contract for $500 or so in most cases.

2 Answers | Asked in Employment Law, Contracts and Business Law for Oregon on
Q: My employer is requiring that I work in the future following my two weeks.

I work at a low end, fast food restaurant. It is a chain, but owned and operated independently. I put my two weeks in, but the owners are telling me along with other workers who have done the same that (even after our two weeks are completed and we are technically no longer employed) we will still... Read more »

Daniel DiCicco
Daniel DiCicco answered on May 26, 2019

Allow me to answer with a technical response: “lol.”

Slavery has been out-lawed for some time now, and no one can force you to work. What are they going to do - fire you? You already quit. If you’re worried about future references then maybe that will be a problem in the future, but...
Read more »

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1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Q: We just received notice that our rent will be increased in 30 days, more than the 10.3% allowed. 7% + inflation.

Do they need give us 90 days or 30? We are currently on month to month.

Gregory L Abbott
Gregory L Abbott answered on May 6, 2019

IF you are not on a week to week tenancy, nor a tenant in a mobile or floating home facility, then yes, your rent cannot be raised during the first 12 months of your occupancy and thereafter only with at least 90 days prior written notice and not more than the statutory amount (currently approx.... Read more »

1 Answer | Asked in Business Law and Contracts for Oregon on
Q: Simple JV agreement? or not.

Good morning,

I think this is a simpler question(s). Do you know if there is an easy way to write an agreement (what type of agreement) between an LLC and a private investor for a potential 1x project? The investor(s) assume the risk of loosing all their cash investment in return for a... Read more »

Daniel DiCicco
Daniel DiCicco answered on Apr 4, 2019

I don't think you have a simple option. Let's put it like this - when a real possibility exists that an investor's entire investment can evaporate, and then that eventuality comes to pass - people get mad. They start thinking of where things went wrong and while they may have seemed cool with it up... Read more »

2 Answers | Asked in Contracts and Business Law for Oregon on
Q: What contract should I use for a group of individuals and LLC's together, investing in a 1 time Joint Venture project?

We have a 1 time high risk project in Oregon with multiple individuals investing. Should we I use a "contractual joint venture agreement" or a "partnership agreement" or something else? Their are 8 individual people, 2 LLC's & a "Family Trust". Of which, 7 of the individuals are contributing... Read more »

Daniel DiCicco
Daniel DiCicco answered on Apr 1, 2019

You absolutely need to involve an attorney in this process and get a custom contract together. There is no off-the-shelf solution to this kind of arrangement. The greater the risk and the more complicated the arrangement, the more you will need a custom solution for your legal infrastructure.... Read more »

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1 Answer | Asked in Contracts for Oregon on
Q: I entered into a contract with Verizon for 2 years for a landline. I never could get the phone to work for over a year.

I called Verizon on 4 separate times, I had a cell phone I had cancelled service on, but I still had the landline. When I talked to their Reps, they ALL told me I did not have an account, they could not schedule service to my landline when I did not have an account. I finally gave up and went to... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 1, 2019

Unless you paid for the landline all during the time the alleged contract was in effect you have no damages--and hence no grounds for complaint. If you ignore them, like they have ignored you, they will disconnect the landline that does not work anyway. Save all this information about the lengthy... Read more »

1 Answer | Asked in Consumer Law, Contracts and Education Law for Oregon on
Q: Can I ignore a state university that is trying to fine me if they do not have my SSN or address?

I considered attending a state university and then never followed through. I had made an email in their system and got no further. They later contacted me via this email and said that I owed them $5,700 for a room and board that I never reserved. They only have this email and my name and they do... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 1, 2019

If they know your name they can easily find out everything else they need to sue you; and they might, do that because of the large amount involved. Accordingly, I do not advise you to start ignoring them now. Your decision to appeal the fine has already pushed them far enough to continue with the... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Oregon on
Q: Do we legally have to deal with an individual whose name is not included in the offer to purchase our property?

I feel as though we are now part of the potential buyer's personal drama and it is very unsettling. The individual in question is apparently the legal spouse of the person who made the offer. The individual who made the offer was pre-approved for a home loan in his name only. Must we interact... Read more »

Daniel DiCicco
Daniel DiCicco answered on Mar 30, 2019

Just go through your agent and don’t deal with them directly. You only have to allow them an inspection once under a typical contract. Refer all inquiries to your agent and you’ll be good. If you are not represented then only deal with their agent.

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1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Q: Can I sue my roommates for renting to me (subleasing) against the terms of their lease?

Portland, OR

Gregory L Abbott
Gregory L Abbott answered on Jan 7, 2019

Not as long as they have not violated any of their landlord duties to you. If and when they do, however, then you may have claims against them.

1 Answer | Asked in Contracts for Oregon on
Q: Can my daughter be kicked out on a sublease agreement via text? She paid deposits and app fees.

She went to the landlord and they would not help her. They stated that they don't want to be involved. What are her rights?

Daniel DiCicco
Daniel DiCicco answered on Jan 3, 2019

She can certainly get the money back. If there is a signed lease agreement then possibly other rights apply. Is there anything written?

1 Answer | Asked in Consumer Law, Contracts, Copyright and Products Liability for Oregon on
Q: I won an abandoned storage unit in PDX owned by a film company. Can I sell the manuscripts/ reels/ photos back to them?

The unit contained not only the manuscripts/reels/files/notes/art for most of the films they have ever produced, but I have over 20,000 personal family photos dating back to the 1920's, and original artwork of a locally famous painter related to the films studio owner.

I want to contact... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Dec 22, 2018

The items are now your personal property. Keep in mind you only have the property rights, so some items would have intellectual property rights to them (for instance copyright on the manuscript) so you just own that copy, not the rights to the films.

The one thing to keep in mind, is if you...
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1 Answer | Asked in Civil Litigation, Contracts, Collections and Small Claims for Oregon on
Q: Does the use of a unenforceable contract in small claims court rob the court of Subject Mater Jurisdiction?

Plaintiff took me to small claims court, using a lease agreement that violated public policy and included terms that would require illegality to perform, as the basis of claim. Would the plaintiff have standing? If not, could the default judgement be attacked due to the fact that it is void?

Daniel DiCicco
Daniel DiCicco answered on Dec 22, 2018

If you defaulted on the claim then your options are very limited. You will need to try and set aside the judgment but this is done somewhat rarely. You will not be able to do it without an attorney, and then you are facing a situation where it would very likely cost more to set aside the judgment... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Q: Year contract is up in June and landlord wants us to sign another year lease by Jan. Do we have a month to month option

We chose this rental house because the contract states that after a year of renting (up in June) we have the option to go month to month. This is ideal for our situation as we look to buy a home. The property manager is raising the rent $100 which is fine but is requiring us to sign and commit (by... Read more »

Gregory L Abbott
Gregory L Abbott answered on Dec 12, 2018

It depends upon the exact wording in your lease. Most leases provide that unless the parties either renew the term lease or one notifies the other that they do not wish to renew, the tenancy then automatically becomes a month to month tenancy. That is NOT an option guaranteeing the tenant the... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Oregon on
Q: Circuit Court Contract and Torte

I recieved a summons from a debt collection lawyer for OR21.160(1)(a) Mandatory arbitration l. breach of contract 2. Account Stated 3. Quantum Merit

Can I file a motion to dismiss with prejudice including all of the questions answered? Summons said I need to file a "motion" or "answer"... Read more »

Daniel DiCicco
Daniel DiCicco answered on Dec 4, 2018

It is unlikely that a motion to dismiss would be successful at this early stage unless you have incredible facts on your side. The proper thing to do is file an "answer" and start working through the court system. Failure to file an answer (or a motion to dismiss) can cause you to lose... Read more »

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