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West Virginia Contracts Questions & Answers
Q: Can my new vehicle contract be changed after leaving the dealership? I was charged for optional items I was unaware of.
The finance person did not give me the choice if I wanted the optional services added to my purchase. As she went over everything she said "you will get" never saying they are optional and have a additional charges. I noticed next day which was the weekend. I was told she would not be... View More 
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James L. Arrasmith
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answered on Apr 21, 2024
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answered on Apr 21, 2024
In many cases, it is possible to have your vehicle contract modified after leaving the dealership, especially if you were charged for optional items without your explicit consent. Here are a few steps you can take:
1. Contact the dealership: Reach out to the finance manager or the general... View More
Q: Can I cancel a vacation plan contract signed at age 21 when the minimum age is 25?
I entered into a contract similar to a timeshare vacation plan a couple of years ago when I was 21. However, the terms and conditions specify that participants must be 25 to enter the agreement. I haven't contacted the company yet but want to cancel the contract and recover the initial amount... View More
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James L. Arrasmith
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answered on Jul 6, 2025
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answered on Jul 6, 2025
If the contract states that the minimum age to enter the agreement is 25, but you signed it at 21, the company may have violated its own eligibility requirements. This could make the contract voidable because you did not meet the express conditions of the agreement at the time of signing. In such... View More
Q: If a company doesn’t comply with PTO hours clearly stated in the offer letter, then is it a breach of contract?
Job offer letter I signed states 8 PTO hours biweekly after one month of employment, I am only receiving 4 biweekly. My clinical manager is saying it’s a human error since I am part time, and 8 hours are meant for full time employees.
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James L. Arrasmith
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answered on Jul 4, 2025
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answered on Jul 4, 2025
You have a signed offer letter promising eight hours of PTO every two weeks after your first month, and that constitutes a binding term of your employment contract.
Begin by sending a written demand to HR or your clinical manager citing the exact language of the offer letter and insisting... View More
Q: Damaged truck by towing company in West Virginia. Steps to file lawsuit?
I want to file a lawsuit against a towing company in West Virginia. On 04/26/25, my truck had a brake failure and ended up in a creek. Before towing, I have pictures showing it could have been pulled out without damage. However, after towing, the driver's side was busted, the bed was loose,... View More
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James L. Arrasmith
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answered on May 15, 2025
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answered on May 15, 2025
I’m really sorry this happened — it’s incredibly upsetting when someone else’s actions damage your property, especially when it’s a work truck your family depends on. If you have photos of the truck before it was towed and evidence showing the extent of the damage afterward, that gives... View More
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Landlord - Tenant, Consumer Law, Contracts and Real Estate Law
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West Virginia
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Q: Is changing agreed apartment unit without consent considered fraud?
I'm dealing with an issue involving an apartment complex. They initially emailed me a brochure with a specific unit number, which I expressed interest in and received confirmation of its location. I also called to confirm its availability and was told it was still available, prompting me to... View More
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James L. Arrasmith
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answered on Apr 11, 2025
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answered on Apr 11, 2025
What you’re dealing with feels like a breach of trust, especially after you made your interest clear and even paid a deposit based on a specific unit. In West Virginia, fraud generally involves intentional misrepresentation or deceit that leads someone to take action they wouldn’t have taken... View More
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Contracts, Lemon Law, Products Liability, Consumer Law and Personal Injury
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West Virginia
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Q: Options for returning a new car in WV after financial change and engine issues.
I purchased a new car three days ago, but my financial situation changed unexpectedly. I attempted to return the car, but the dealership manager rudely informed me that I cannot do so, citing that the contract is final and there's no cooling off period in my state. Additionally, I've... View More
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James L. Arrasmith
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answered on Apr 11, 2025
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answered on Apr 11, 2025
What you’re dealing with is tough—especially when life throws a curveball right after such a major purchase. In West Virginia, there’s no automatic “cooling-off” period for vehicle purchases, so once the contract is signed and the sale is finalized, it’s legally binding unless the... View More
Q: How can my mom remove her ex from mortgage in WV?
My mother lives in Parkersburg, WV, and her boyfriend is listed on the mortgage with her. He moved out in January 2023 and no longer resides at the property. Since then, all mortgage payments have been made. He wishes to be removed from the financial obligation of the home and is willing to sign a... View More
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Anthony M. Avery
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answered on Mar 24, 2025
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answered on Mar 24, 2025
She will have to refinance the mortgage if she cannot pay it off now. Lender is not going to remove a notemaker unless fully paid. Get the quit claim deed now, but do not record it until the note is paid because of a probable due on sales clause.
Q: How legally binding is a non-compete clause if a client wants to continue services after terminating your contract?
I am a Licensed Professional Counselor working as an Independent Contractor for a small private practice. I am planning on starting my own practice in the near future and have a handful of long-term clients that the current practice will not be able to absorb. If the clients want to continue... View More
Kasim Carbide
answered on Sep 20, 2022
answered on Sep 20, 2022
The answer to your questions will depend on (1) what West Virginia courts consider enforceable non-competition provisions, (2) the specific facts and circumstances of your case, and (3) the language of the non-compete as well as any other restrictive covenants (clauses that forbid you from doing... View More
Q: I have P.O.A. for my son, and I am conservator for him. We want to sell his house and need advice.
Does power of attorney, which was obtained before the conservator ship, allow me to sell this property?
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Anthony M. Avery
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answered on May 5, 2021
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answered on May 5, 2021
The power of attorney was revoked by the Order of Conservatorship. You must petition the Court to sell the Ward's real property with the proceeds to be used for his benefit. Hire a competent attorney to handle this Conservatorship proceeding. A Guardian Ad Litem might be appointed here.
Q: How does a cash sale work on a for sale by owner home, selling AS IS?
I own a home in WV outright. I have it listed AS IS for sale by owner online and someone gave me a cash offer. I inherited the home and I have never bought or sold a house so I'm not sure how this works. What steps do I need to take to go through with the sale and how do I protect myself... View More
Bruce Alexander Minnick
answered on Aug 16, 2019
answered on Aug 16, 2019
The first step you take is to hire a lawyer to advise you before you screw up this deal for good.
Q: If you sign your car title but include a bill of sale that states they are to make payments with a witness signature.
If they fail to do so can I use my copy of bill of sale to get my car back if they did not pay according to our agreement via text, bill of sale, and verbally
Bruce Alexander Minnick
answered on Aug 5, 2019
answered on Aug 5, 2019
No. The car is gone. Why? Because the title to the car now proves the car belongs to the person you think you sold it to; the signed promissory note merely will allow you to sue them for the money they owe. Why on earth did you give them a good title?
Q: I'm interested in selling, on installment payments, vacant land in West Virginia that I own outright.
I would prefer to use a Land Contract with installment payments specified and a forfieture clause defined. The land contract would not be recorded. Conveyance would only occur after all payments were made as defined in the contract. If the Buyer defaults on the contract due to non-payment, is a... View More
Bruce Alexander Minnick
answered on Jun 6, 2019
answered on Jun 6, 2019
Unless West Virginia is way behind the times you should know that the use of unrecorded land contracts (a/k/a contracts for deed) for the sale of land owned free and clear are getting more and more rare--probably because the land buyers of today are becoming smarter and smarter. But hey: if you can... View More
Q: I live in West Virginia and have a title loan in Ohio. My fiance's name is on the title. I got a loan she didn't know
They told me they didn't require her to be there or sign anything. She called them and told them she didn't agree or know about it. Now they refuse to talk to her about the account. What can she do?
Bruce Alexander Minnick
answered on Jun 5, 2019
answered on Jun 5, 2019
She can get on a computer and ask these questions herself.
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