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Texas Contracts Questions & Answers

1 Answer | Asked in Bankruptcy, Consumer Law and Contracts for Texas on

Q: In Texas, should a motion to compel arbitration be included with answer to lawsuit or can it wait?

Being sued by JDB, robo signed lawsuit Im sure. I may file bankruptcy, as I am within means test easily, but would obviously prefer not to do this. I can require arbitration from the original contract to possibly get the JDB to back off, just unsure if motion to compel arbitration should be... Read more »

Timothy Denison answered on Jun 18, 2019

Include ilarbitration in answer just to be safe.

1 Answer | Asked in Contracts for Texas on

Q: I cosigned for a car for my brother. Our verbal agreement was if he could no longer pay on it, i was going to take it.

I did, found someone else to pay for it. Now he is on drugs and called the police about the car. Is there anyway i can keep him from having any legal right to the car since he forfeited by not paying? He is a parolee, showing signs of mental illness or the drug abuse.

Bruce Alexander Minnick answered on Jun 18, 2019

If the police ever contact you about this silly situation just tell the police that you are a co-owner of the car and did not "steal" it from your brother. They already know he is a parolee, which will not help his case.

1 Answer | Asked in Contracts, Employment Law, Appeals / Appellate Law and Business Law for Texas on

Q: Is non-compete likely enforceable?

I am an associate dentist in Texas. I signed a do-not-compete with my previous office (a DSO) for 10 miles for 2 years after leaving (It has now been ~1/2 yr). I left due to the company trying to move me into another office (I did not agree to this per the contract) after working there ~1 year. The... Read more »

Bruce Alexander Minnick answered on Jun 5, 2019

You have raised several important facts that may enable you to avoid the larger issue altogether. Hire a local lawyer in San Antonio and ask them to tell you if the way you were treated under the written employment agreement is bad enough to support a case of breach; if it is, have your lawyer try... Read more »

1 Answer | Asked in Business Law and Contracts for Texas on

Q: Have signed contract w GC- he was paid but he didn’t pay his subs for work done. What is my liability - if any?

I have a signed contract with a GC and have paid him 2/3 of the contracted amount. He wanted more $ because he had spent on work done- when I asked him to show receipts he could only produce a little under 1/2 of what I PD him and left his subs owing them.

It’s commercial RE- space build... Read more »

Bruce Alexander Minnick answered on May 27, 2019

The terms of your commercial contract will control this situation.

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Antitrust for Texas on

Q: Vehicle was hit by another vehicle. Took it to paint shop. Went over the insurance estimate and removed a few items to s

Save some money. When I went to pick up my vehicle all the repairs were done very bad. Very bad.

Then when I got the final invoice the paint shop has changed all the numbers around to make the final bill to equal the original estimate.

Which they had already sent a supplement to... Read more »

Gary D. Peak answered on May 9, 2019

The question is, do you have your vehicle or is it still at the shop? If they still have it I would get an attorney to write a demand letter for the car and regarding the bill. If not, you can simply refuse to pay and if they report it to the credit bureaus then sue them, or if they sue you, file... Read more »

2 Answers | Asked in Contracts, Personal Injury, Products Liability and Civil Litigation for Texas on

Q: Why is it that lawyers get such a high percentage of people's settlement I mean don't get me wrong they deserve some but

But they are not the ones that are in pain and I have a law firm that is very rude to me when I call to cheek on the status of my case and no I call maybe every other month and I have never seen or talked to a lawyer only a case manager I feel like they are not handling my case propperly I have... Read more »

Gary D. Peak answered on May 6, 2019

Schedule an in person appointment and go visit with your attorney. Write out the questions you want to ask them so you don't forget any.

One to ask is when is the case going to mediation and why haven't we mediated already? Most cases settle at mediation.

Now, that said, personal...
Read more »

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1 Answer | Asked in Contracts, Employment Law and Business Law for Texas on

Q: Is it legal for a property management company to force a contractor to fill out a questionnaire inquiring if we the con

Is it legal for a property management company to withhold payment and force a contractor to fill out a questionnaire inquiring if we the conTractor or contractor’s employees are part of any civil or criminal actions, administrative, or legal proceedings? Not that we are but I found it odd that... Read more »

Bruce Alexander Minnick answered on May 3, 2019

Yes, it is perfectly legal for property management companies to require such sensitive information from contractors, as well as all other venders. In fact, many property management companies require vendors to post surety bonds before hiring them.

Bottom line: If you ever want to work for...
Read more »

1 Answer | Asked in Contracts and Consumer Law for Texas on

Q: I got lease with Carvana in September 2018. I haven't received actual tags because the state rejected them. Remedies?

I have been receiving the run around from them for months and at one point was told that it was my fault and then today I was finally told it was an issue on their end. I have been paying monthly on a car that I can't even drive. As the state keeps rejecting the registration I'm unsure if I'll ever... Read more »

Bruce Alexander Minnick answered on Apr 30, 2019

It is very hard to believe that this has been going on since September 2018. Why? Unless you are able to drive the lease car there is no reason to continue paying for it. The company that OWNS the vehicle is responsible to see that the vehicle can be driven lawfully in Florida, and see that the... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Texas on

Q: Reletting fee for moving out early in my apartment but they never fixed our appliances and still have a roach issue.

My discussions with the apartment about the appliances have been face to face but it seems like there has never been a work order. They have done a spray for roaches 3 times but nothing stops the roaches from coming back. Now that our garbage disposal is broken its harder to wash dishes and make... Read more »

Bruce Alexander Minnick answered on Apr 16, 2019

If your lease calls for a "reletting fee" when moving out before the end of the lease term then you agreed to pay the reletting fee when you signed the lease.

1 Answer | Asked in Contracts, Landlord - Tenant, Consumer Law and Products Liability for Texas on

Q: Void a rental contract because smells of the previous tenants death (unattended).

I signed into a least contract that was deceptive at viewing I learned too late. all windows were open at showing, I thought to show off the many windows in the unit. It was a look and lease and after signing and paying, the finally gave me keys. when windows closed smells of death. previous tenant... Read more »

Bruce Alexander Minnick answered on Apr 15, 2019

You may have sufficient legal reasons to allow you to get out of this lease; However, you should take the lease and all related documents to a local lawyer and ask for their assistance.

2 Answers | Asked in Contracts and Entertainment / Sports for Texas on

Q: How Much Should I Charge for Using My Image?

So let me start by stating that I know I need an agent ASAP and I'm in the process of getting one. My question is about a well known movie theatre company using my image. I responded to a post that asked for models for a 'test shoot' and that they would choose from us those who would film a... Read more »

Jason Brooks answered on Apr 9, 2019

Your rate depends on a variety of factors, including the scope of their use -- for example, where will they be using your image and for how long? In what capacity can they use it? Also your own stature as a model/actress/celebrity factors into this equation.

An agent or an attorney can...
Read more »

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1 Answer | Asked in Contracts, Copyright and Trademark for Texas on

Q: My dad had a trade mark on macho nacho it says status canceled does that mean it’s not in effect any more!?

Please let me know if the trademark is no longer in effect

Griffin Klema answered on Apr 9, 2019

If your dad's mark has a status of "cancelled" that means the registration is no longer valid. It may mean it has lapsed, or has been canceled as a result of an opposition or lawsuit. But, trademark rights are based on use, so that doesn't mean there are no trademark rights. (These are called... Read more »

2 Answers | Asked in Contracts and Copyright for Texas on

Q: Q: My dad had a trade mark on name “macho nacho” it says status canceled does that mean it’s not in effect any more!?

How can I find out if he still owns the trademark name “macho nacho”

Sean Erin Serraguard answered on Apr 9, 2019

The short answer is yes. If the USPTO shows the mark as dead or cancelled, your dad would no longer have rights to that trademark. Further, a cursory review of the trademark database shows that numerous registrations have existed for that mark, with some registrations being still in effect. To... Read more »

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2 Answers | Asked in Contracts, Products Liability, Business Law and Construction Law for Texas on

Q: Subcontractor nonpayment on "bad job" no contract. Phone records, text & email.

I recently worked as a subcontractor, staining a concrete floor that was covered in mortar, paint, glue, and holes & the house was being fixed from hurricane Harvey flooding. We had only communicated with the contractor & have recordings of us telling them how the patching wasn't going to match up... Read more »

Bruce Alexander Minnick answered on Apr 8, 2019

AVVO is a free online legal forum established to allow members of the public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. Your important small business question should be directed to your business lawyer. If you have not consulted or retained a... Read more »

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1 Answer | Asked in Contracts and Personal Injury for Texas on

Q: Strict liability only requires that a plaintiff proves fault on the part of defendant

Timur Akpinar answered on Apr 6, 2019

If you're asking in terms of general information, the premise of strict liability is that the plaintiff doesn't need to demonstrate negligence in an injury (the question is posted Personal Injury - the concept can also come up in criminal prosecutions). It arises in cases involving dangerous... Read more »

1 Answer | Asked in Business Law, Consumer Law and Contracts for Texas on

Q: Hello... I was given a fraudulent maintenance contract by a large auto group where I had purchased a new vehicle

I purchased the vehicle brand new the dealer Jerry Durant Auto group promised me 3 years of free oil changes (they wrote and signed it on the contract envelope) after a year and a half of service I was told I had to pay for future services. When I showed them the envelope with the agreement they... Read more »

Bruce Alexander Minnick answered on Apr 1, 2019

De minimus non curat lex

2 Answers | Asked in Contracts and Animal / Dog Law for Texas on

Q: 6 mo after being approved to adopt my dog, the rescue group is now asking me to pay a fee or they're coming to get him.

He has been living with me since September, 2018. I received a message yesterday stating that I owed an adoption fee or she would get the law involved and come get the dog. She's claiming the dog is still the property of the rescue organization. I have an email stating that I was "approved" to... Read more »

Bruce Alexander Minnick answered on Mar 27, 2019

News flash: Every pet adoption center, county dog pound, and pet rescue agency and all other similar places that handle pet adoptions charge a fee to cover their expenses, including rescuing expenses, care & feeding, neutering and spaying, vaccinations and other related expenses. Why? Because in... Read more »

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1 Answer | Asked in Contracts, Criminal Law, Employment Law and Personal Injury for Texas on

Q: So if its stilen they cant keep it huh. Toggle me around anymore???

Paul. Super cape. Add on all the select.plus epay..missong carf and no corrresponding offices for 7 years.

Grant St Julian III answered on Feb 20, 2019

I am not exactly sure of your question. Call an attorney in your area.

1 Answer | Asked in Business Formation, Business Law and Contracts for Texas on

Q: A friend has 2 companies under her LLC. I want to start a third business under her LLC. What would it take?

Is it a good idea to add a third? Does it matter if I my company is for companionship for the elderly and the friend companies are more toward selling product?

Abraham C. Bloomenstiel answered on Jan 22, 2019

Thanks for your question. Unfortunately, this is a difficult question to answer without more information. It would help me to know the type of LLC your friend has and what ownership or relationship your friend's LLC or other two companies under it will have with the new business that you want to... Read more »

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