Contracts Questions & Answers by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Contracts Questions & Answers
Q: Can a person keep a dog that was never fully signed over to them and break there own words they stated to me in messages
Matthew Williams' answer
The first thing I would try is calling the Wadsworth PD and telling them a woman found your dog and refuses to return it to you.
The first thing I would try is calling the Wadsworth PD and telling them a woman found your dog and refuses to return it to you.
Q: Owner of Media Marketing company died (apparently) & his friend claims to b partner in business & is making demand
Anton Pal Montano's answer
Sorry about your situation. You may want to consult with an attorney to discuss all of the facts in your case. Based on the information you provided, it appears that your business contract was with the media marketing business and not with the "dead" partner individually. Thus, a big issue is whether the "friend" has actual authority to act on behalf of the business. It would be good to know more information about the media marketing business and the "friend's" role with the business to...
Sorry about your situation. You may want to consult with an attorney to discuss all of the facts in your case. Based on the information you provided, it appears that your business contract was with the media marketing business and not with the "dead" partner individually. Thus, a big issue is whether the "friend" has actual authority to act on behalf of the business. It would be good to know more information about the media marketing business and the "friend's" role with the business to...
Q: Hello, I am going to sign a contract "undefined period of time" with a record label. Can it be terminated any time ?
Mr. Michael O. Stevens' answer
This would be impossible to tell without reviewing the contract. I would suggest finding a local attorney who will review it for a flat fee of like $100 so you know what you are getting into.
This would be impossible to tell without reviewing the contract. I would suggest finding a local attorney who will review it for a flat fee of like $100 so you know what you are getting into.
Q: Are verbal agreements binding between a used car buyer and a car dealership?
Mr. Michael O. Stevens' answer
Possibly. It is possible Arizona's version of the UCC applies, and a written contract may be required. More importantly though, was there a written contract eventually for the purchase? If so, that contract likely has a clause that limits the terms to the written contract, which likely excluded what you talked about. That could be difficult to then overcome. However, if they used the oral part to induce you to buy, you would have an argument that it was to be part of the contract.
Possibly. It is possible Arizona's version of the UCC applies, and a written contract may be required. More importantly though, was there a written contract eventually for the purchase? If so, that contract likely has a clause that limits the terms to the written contract, which likely excluded what you talked about. That could be difficult to then overcome. However, if they used the oral part to induce you to buy, you would have an argument that it was to be part of the contract.
Q: my supplier gave my invoices to my customer . Is that legal? My invoices have personal / business formation on them.
Mr. Michael O. Stevens' answer
Yes, this is legal. The fact is, you already gave this information to your supplier, so you had no reasonable expectation of privacy. You might consider a contract with your suppliers though designating the info as confidential to protect you in the future.
Yes, this is legal. The fact is, you already gave this information to your supplier, so you had no reasonable expectation of privacy. You might consider a contract with your suppliers though designating the info as confidential to protect you in the future.
Q: How can I track down the current address of two deadbeats in Florida if they don’t own a house, car or landline phone?
Mr. Michael O. Stevens' answer
Hire a private investigator to track them done and/or to run a background check that might have current info. The real issue though, is all of this worth it? Given how you describe these people, even if you get a judgment from the court, it does not sound like they are going to pay it.
Hire a private investigator to track them done and/or to run a background check that might have current info. The real issue though, is all of this worth it? Given how you describe these people, even if you get a judgment from the court, it does not sound like they are going to pay it.
Q: how can i claim my payment as an attorney
Mr. Michael O. Stevens' answer
Too little info to tell, but if you are asking here I doubt you are an attorney.
Too little info to tell, but if you are asking here I doubt you are an attorney.
Q: I did not receive any letter from the storage unit company saying they were going to sale my stuff, can I do anything?
N. Munro Merrick's answer
If you did not receive notice of any kind from the storage facility before the property was sold, you may sue the facility for the fair market (depreciated) value of anything of yours that they sold, unless that value of the property is less than the statutory exemption, currently $700. If, however, you actually learned of the impending sale but made no attempt to recover your property, the landlord's sale is legal. If the proceeds exceed the landlord's total costs, you may have a case for...
If you did not receive notice of any kind from the storage facility before the property was sold, you may sue the facility for the fair market (depreciated) value of anything of yours that they sold, unless that value of the property is less than the statutory exemption, currently $700. If, however, you actually learned of the impending sale but made no attempt to recover your property, the landlord's sale is legal. If the proceeds exceed the landlord's total costs, you may have a case for...
Q: Is it legal (in GA) to use a former employer's company and personal name in advertising, without permission?
2 Answers
| Asked
in
Business Law, Contracts and Employment Law
for
Georgia
on
Answered on Mar 10, 2016
Answered on Mar 10, 2016
Julie A. Rice's answer
Unless you have a tradename or trademark, copyright, or some other protection for your company name, then that is fair game. See the Georgia Secretary of State Website: http://sos.ga.gov As far as your personal name, if what she is saying is not true, then you could potentially have a tort claim for invasion of privacy (libel if it's written, and slander if it's oral). See the Official Code of Georgia Annotated for more information: https://www.lexisnexis.com/hottopics/gacode/
Case...
Unless you have a tradename or trademark, copyright, or some other protection for your company name, then that is fair game. See the Georgia Secretary of State Website: http://sos.ga.gov As far as your personal name, if what she is saying is not true, then you could potentially have a tort claim for invasion of privacy (libel if it's written, and slander if it's oral). See the Official Code of Georgia Annotated for more information: https://www.lexisnexis.com/hottopics/gacode/
Case...
Q: My dad has let me live in the home that he and my mom built for 4 yrs. Without warning he cut my power. What can I do?
1 Answer
| Asked
in
Contracts, Landlord - Tenant and Real Estate Law
for
Georgia
on
Answered on Mar 10, 2016
Answered on Mar 10, 2016
Julie A. Rice's answer
That was a wrongful eviction (turning off your power), but it's clear that your father doesn't want you there so you are in the standing as a tenant. He has now given you notice so you should start looking for another place to live. If he files an eviction and prevails for you not paying rent and the number of other things that you listed, then you will have to leave and the sheriff will be the one showing you out the door or just putting your belongings on the street. See also the following...
That was a wrongful eviction (turning off your power), but it's clear that your father doesn't want you there so you are in the standing as a tenant. He has now given you notice so you should start looking for another place to live. If he files an eviction and prevails for you not paying rent and the number of other things that you listed, then you will have to leave and the sheriff will be the one showing you out the door or just putting your belongings on the street. See also the following...
Q: I took my car to be repaired and told the guy what I had for money, now he has charged me double and I cant get my car
Julie A. Rice's answer
Try to negotiate with him so that you don't waste valuable time and resources. Did you have an estimate or anything in writing? If you don't get anywhere, then you can try small claims court and other avenues such a reporting him to the BBB. The court is going to be the place where you have a remedy and actually get your car back.
Try to negotiate with him so that you don't waste valuable time and resources. Did you have an estimate or anything in writing? If you don't get anywhere, then you can try small claims court and other avenues such a reporting him to the BBB. The court is going to be the place where you have a remedy and actually get your car back.
Q: Why file a memorandum of option with the county? Does it have any bearing on an option to purchase contract? Thank you.
Mr. Michael O. Stevens' answer
The only reason you really file with the county is for priority reasons.
The only reason you really file with the county is for priority reasons.
Q: Elderly sitting, like babysitting but for the elderly
1 Answer
| Asked
in
Elder Law, Business Formation and Contracts
for
Oregon
on
Answered on Mar 9, 2016
Answered on Mar 9, 2016
Mr. Michael O. Stevens' answer
I do not do elder law, but you might want to look into if this would require some sort of license like a CNA. As to insurance, you always want to have insurance, and a commercial general liability (CGL) should suffice, along with perhaps a professional liability rider. This way if something happens the insurance not only will cover the damages, but will defend you as well.
I do not do elder law, but you might want to look into if this would require some sort of license like a CNA. As to insurance, you always want to have insurance, and a commercial general liability (CGL) should suffice, along with perhaps a professional liability rider. This way if something happens the insurance not only will cover the damages, but will defend you as well.
Q: I used to live in a sponsor house with the state of jersey and the lady I lived with wasn't doing right now she wants me
1 Answer
| Asked
in
Collections, Consumer Law and Contracts
for
New Jersey
on
Answered on Mar 9, 2016
Answered on Mar 9, 2016
Leonard R. Boyer's answer
It will be more expensive to pay an attorney than to try to resolve this matter. Just pay it and move on. Good luck.
It will be more expensive to pay an attorney than to try to resolve this matter. Just pay it and move on. Good luck.
Q: I have a rental car out in my name. I allowed my Roomate to take the car but he refuses to return it. Do I have recourse
Julie A. Rice's answer
I would contact the rental agency and explain your problem and you may need to report the car stolen. If your room-mate does anything illegal while using that car it is going to fall on you.
I would contact the rental agency and explain your problem and you may need to report the car stolen. If your room-mate does anything illegal while using that car it is going to fall on you.
Q: purchase concert tickets from broker. am able to return and get a refund
Julie A. Rice's answer
It depends on what is written on the ticket. Are the tickets refundable or not? If not, then no you can't get a refund, if so, then most likely you can get a refund. My guess is you have a non-refundable situation.
It depends on what is written on the ticket. Are the tickets refundable or not? If not, then no you can't get a refund, if so, then most likely you can get a refund. My guess is you have a non-refundable situation.
Q: When does the clock begin to run on the statute of limitations on a written contract in the state of CA?
Andy Chen's answer
The 4 years starts when the contract is breached. For example, A and B sign a contract in 2009 where B is supposed to pay A. This contract can continue for whatever term is specified (e.g. 2 years, 20 years, etc). Suppose payments are made from 2009 to 2020 just fine. On January 1, 2021, B stops paying A. A has 4 years from January 1, 2021 to file suit, even though the contract was signed in 2009.
Andy
The 4 years starts when the contract is breached. For example, A and B sign a contract in 2009 where B is supposed to pay A. This contract can continue for whatever term is specified (e.g. 2 years, 20 years, etc). Suppose payments are made from 2009 to 2020 just fine. On January 1, 2021, B stops paying A. A has 4 years from January 1, 2021 to file suit, even though the contract was signed in 2009.
Andy
Q: Selling cemetery plot along with cement vault
Mr. Michael O. Stevens' answer
Hire an attorney to send them an ORS 20.082 demand over what appears to be a breach of contract. That is likely the only way to get any action from them.
Hire an attorney to send them an ORS 20.082 demand over what appears to be a breach of contract. That is likely the only way to get any action from them.
Q: I purchased a car but at the moment I only had a learners license.
Julie A. Rice's answer
You can go to the district attorney and explain the situation and see if they will take a warrant out for her arrest for theft by taking.
You can go to the district attorney and explain the situation and see if they will take a warrant out for her arrest for theft by taking.
Q: I sign contract to work as a sup. (1099), Boss put position "on hold" w/o explain. I have not been paid. Breach?
Leonard R. Boyer's answer
If you are NOT performing as a supervisor, then you are not entitled to be paid as one. A Court is not likely to rule in your favor. Good luck.
If you are NOT performing as a supervisor, then you are not entitled to be paid as one. A Court is not likely to rule in your favor. Good luck.
Advertisement
Justia Legal Answers is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Legal Answers is not secure and is done so on a non-confidential basis only.
Advertisement
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Legal Answers without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Advertisement
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.