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Oregon Contracts Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Collections for Oregon on
Q: Have there been any cases upholding the current version of Oregon Revised Statutes: 73.0311?

Is a check marked "paid in full", and negotiated still a valid "accord and satisfaction" in Oregon, in a disputed matter?

Gregory L Abbott
Gregory L Abbott answered on Sep 7, 2021

If you are asking if you write "Paid in Full" on a check's memo line and submit it for less than the full amount of the bill, and it is cashed, are you off the hook for the balance of the bill, the answer is NO. If you have a written agreement specifying the creditor is settling for... Read more »

1 Answer | Asked in Bankruptcy and Contracts for Oregon on
Q: What are non-dischargeable debts that do not require courts action?

Debt incurred three years prior to filing of C-13 bankruptcy and continued during Bankruptcy.

Timothy Denison
Timothy Denison answered on Jul 22, 2021

Items such as student loans, some taxes, employee contributions snd withholding, etc.

1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Q: 90 Days eviction notice

The landloard just sent me 90 eviction notice with one month payment check ,claiming he will renovate the apartment ,i need to know my rights can i stay until my lease contract ends on Feb2022,What can i ask for compensation ,and what if i didn't evict after the 90 days .

Thanks

Gregory L Abbott
Gregory L Abbott answered on Jun 29, 2021

Much depends upon the exact wording of your 90 day notice and the situation. Normally a landlord could only do a no-cause termination of tenancy with notice if you were on a month to month tenancy, NOT a fixed term (prior to the term expiring). Perhaps your situation is different if there is true... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Q: So am I required by law to let a new potential buyers in my unit while in contract with the previous owner? thank you
Gregory L Abbott
Gregory L Abbott answered on May 21, 2021

A landlord has the right to enter the rental dwelling to inspect, do repairs, and to show to prospective buyers or future tenants. There is nothing special about showing to potential buyers - at least 24 hours advanced notice is required unless the tenant agrees to an earlier entry. Tenant does... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for Oregon on
Q: lease renewal letter to accept by end of month then rescinded before that..put on month to month. Eviction coming?

My boyfriend was given a lease renewal letter and told he had til the end end of this month to sign it. Today he received a letter saying that that has been rescinded and it is now going to be month to month. Out of 3 units he was the only one put on month to month and when he asked the landlord he... Read more »

Gregory L Abbott
Gregory L Abbott answered on May 17, 2021

Had he signed and accepted the offer prior to the rescission, there is likely nothing the landlord could have done. But if he rescinded before your boyfriend accepted the renewed term lease, your boyfriend in now likely going to be on a month to month. But that is not the end of the world - to... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Oregon on
Q: How do a file a case above small claims where I intend to represent myself?

I have a breach of contract case against a contractor who did improper work on my home. I completed the complaint and mediation process with the State of Oregon Construction Contractors board. The contractor has not responded to any communication and did not appear for the mediation appointment... Read more »

Jeffery Demland
Jeffery Demland answered on Apr 9, 2021

You would need to file a complaint for breach of contract in the circuit court for the county in which your home is located. In your complaint, you would need to make allegations to support your claim, including allegations to support the existence of a contract, how the contractor breached it,... Read more »

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Insurance Bad Faith for Oregon on
Q: My basement has had previous flood damage that was hidden from us and not found on inspection, do i have legal recourse?

My basement recently flooded from a sump pump that failed during a rain storm. After calling the insurance company and having them send ServPro out to assess the damage we discovered that there was previous flood damage and mold growing inside the walls. Insurance says they wont cover it because... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 10, 2021

An Oregon attorney could advise best, as obligations to disclose can differ according to state law. But your question remains open for two weeks. As as GENERAL premise of contract law, taking affirmative steps to hide a condition that was known could be bad faith (e.g. applying thick coatings in a... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Oregon on
Q: I am currently on the lease as the non financially responsible occupant.

My roommate and I are currently having problems and now I would like to move out. If I give them a 30 day notice, pay the rest of the rent for the next month, and offer to pay half the lease break fee if they would prefer to break the lease, could they potentially still sue me?

Kevin J. Kuhn
Kevin J. Kuhn answered on Dec 15, 2020

Sorry to hear you're having roommate problems. I am not sure what you mean when you say you're on the lease as the non-financially responsible tenant. If you mean that you're listed only as someone who will be occupying the apartment and not as a "tenant," then you are not... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Small Claims for Oregon on
Q: CAN I GET A COPY OF A RECORDED CONVERSATION FROM UNITED SERVICE PROTECTION IF I SIGNED A CONTRACT WITH THEM?

I SIGNED A CONTRACT AND PURCHASED AN EXTENDED WARRANTY FOR MY VEHICLE UNDER THE INPRESSION THE INJECTORS WERE COVERED. I SPECIFICALLY ASKED MULTIPLE TIMES ABOUT INJECTORS AND WAS TOLD YES. THEY DID NOT COVER THE INJECTORS, THE SALESMAN IS NO LONGER EMPLOYED AND THEY WILL NOT GIVE ME ANY RECORDINGS... Read more »

Gregory L Abbott
Gregory L Abbott answered on Nov 4, 2020

They do not have to provide you with any of their records unless and until you file a lawsuit against them in court and then issue a request for production. At that point, if they admit having the records, they would be obligated to either provide the requested material or to legally deny their... Read more »

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...
Read more »

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...
Read more »

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.

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