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1 Answer | Asked in Contracts and Arbitration / Mediation Law for Kansas on
Q: I need to know the correct court to get an arbitration award confirmed in Kansas

The award is for $2,480,000 and the defendant does business in Johnson County Kansas and I live in Jackson County Missouri.

David H. Relkin
David H. Relkin answered on Aug 25, 2021

I am not admitted in Kansas but the procedure is virtually the same in New York. An Award is not enforceable until it is "confirmed into a judgment."

The procedure appears to be dealt with in Article 5 of the Consolidated Laws of Kansas:

[2016 Kansas Statutes...
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1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Civil Litigation for Louisiana on
Q: Is it criminal or civil? I have a friend who is accusing me of not giving him a refund of 800 dollars for some shrimp.

I DONT own a business but I do know of people in the seafood industry and at time I am able to get great deals. I had a friend who wanted shrimp but he changed the order at the last minute and I had to cancel it. I gave him his 850 dollars cash back but now he is saying I didn't pa him back. I... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Aug 25, 2021

It can be both. If your supposed friend contacts law enforcement and makes some sort of allegation that you committed a crime against him----theft of money is a crime---and the law enforcement officer issues you a summons or arrests you, then you are in the arena of a criminal matter, which must... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Q: Legal remedies to remove developer of new construction condo building and/or get building designated health hazard?

Almost every resident (39 units) has had water in their units, as well as water coming through the ceilings in the common areas due to uninsulated duct work. Humidity levels are off the charts. Connect the dots for what this means for fast growing mold and mildew. There is an election soon to... Read more »

Robert Shipley
Robert Shipley answered on Aug 25, 2021

Your description suggests that construction is completed and all units have been sold. The developer should have already turned over control to a duly elected board by the members of the Association. Your description describes a serious problem, which I presume has been confirmed by an... Read more »

1 Answer | Asked in Business Law, Contracts, Copyright and Intellectual Property on
Q: Does an exclusive license to resell prohibit the licensor themself to sell the product?

Assume a licensor grants an exclusive license to RESELL the agreement's Plan Offerings to a licensee. Does this legally bind the licensor to not sell the product, e.g. through their own website, or OTC?

Assume the licensee is granted at the same time a non-exclusive license to... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 24, 2021

Hard to tell. You definitely need to consult an attorney.

But licenses can be drafted in many ways.

From exclusive, to partial exclusivity.

1 Answer | Asked in Contracts for Arizona on
Q: Question is this email which included a second party legally binding? Thank you!!

Trying to do an early cancellation of a Cox Fiber connection at a building we have moved from (16mos early).

We had a new Cox Fiber connection installed at the new building. Both buildings are in Arizona.

In an email the Cox person responded to the question of early termination... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 24, 2021

You can use any communication as proof of a modification to a regular contract.

Consult with an attorney. This is not legal advise.

1 Answer | Asked in Contracts for Kentucky on
Q: what are my rights as a customer for storage fees on a vehicle at a mechanic with no contract explaining such policies.

The mechanic a good guy and fairly enough I feel that he should be given some money. I called explaining that I've been through a lot in the last three months and simply asked to bill me and when I get back to work I surely will give him some money. I just don't want it to continue to... Read more »

Timothy Denison
Timothy Denison answered on Aug 24, 2021

Yes. He can hold the car. He has a mechanics lien by statute. You should go see him face to face snd see if you can work it out between yourselves. If not, you’ll need to hire a lawyer to file suit for you.

2 Answers | Asked in Contracts, Landlord - Tenant and Real Estate Law for Florida on
Q: My landlord gave me a 30 day notice saying he wasn’t going to extend my lease what can I do?

We’ve been staying in the house for 5+ years and they’ve decided that they are going to sell the house, we received a notice that the lease wouldn’t be renewed and only gave us 30 days to come up with money and somewhere new to live. I have no money saved up to move as I didn’t know we... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Aug 24, 2021

If you are on a month to month lease, the LL is only required to give you 15 days notice. He gave you 30. You have no right to remain in the house after the lease expires. None. It doesn't matter if you've lived there 5 years or 5 days; you have to go. If you stay past the end of the... Read more »

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1 Answer | Asked in Contracts and Criminal Law for Florida on
Q: I live in Fl and had a contract to purchase a vehicle in Ca. Seller agreed to deliver vehicle. I sent him a deposit.

Now his number is disconnected and he’s not responding to my messages. How do I press charges and where do I start?

Lee Charles Viacava
Lee Charles Viacava answered on Aug 23, 2021

Contact the police department in California where the contract said the vehicle was located/being transported from.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Utah on
Q: We are trying to end our lease a couple weeks early.

We provided written request to end the lease early and it was approved. We received a confirmation text from the property management company of new end date and a move out email with the new date.

One week following the confirmation from the PM co., we received an email from the landlord... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Aug 23, 2021

As I have not reviewed your lease or the text and email from the landlord's management company, I can't tell you how likely you are to win if you were to fight this out in court. The theory you suggest is valid and may be true. Your relationship with the landlord is based on your lease... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: After rental assistance payment is made to apartment complex, can they still refuse to renew month to month lease?
F. Paul Maloof
F. Paul Maloof answered on Aug 20, 2021

In Virginia, the landlord can terminate the month-to-month lease by giving a 30 day written notice to the tenant/occupants. The acceptance of rent applies only when the landlord has given the tenant a notice to pay or quit for a failure to pay rent and then the acceptance of the rent must be... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Refuse to renew lease - seeking help for family member who is on a month to month lease

due to COVID, rental complex will be receiving rental assistance payment but gave notice 8/17 that lease will not be renewed and they must vacate as of 9/5th

F. Paul Maloof
F. Paul Maloof answered on Aug 20, 2021

In Virginia, the landlord or the tenant has the right to terminate a month-to-month lease by giving the other party a 30 day written notice.

1 Answer | Asked in Contracts for Florida on
Q: watch lost/stolen , could be applicable the "unfaithful trustee"/or other to recover the market price? myus.com CIA

the myus.com company does not offer a REAL security warehouse for a RELIABLE storage of our goods. The contract rules ONLY about the lost case. All circumstances indicates that watch was stolen. This company has a fragile security system and it takes advantage of this to pay ONLY the basic... Read more »

Linda Liang
Linda Liang answered on Aug 20, 2021

Time to send demand letter. Ask a lawyer to review your contract and send a letter.

1 Answer | Asked in Contracts and Arbitration / Mediation Law for Michigan on
Q: Arbitrator Judge awarded amount, reheard, raised it 3 times, now it will go to Circuit Ct to increase. What do we do?

We went to trial in Arbitration and the Judge awarded the plaintiff an amount. Then Plaintiff took it to rehear and the award amount was raised 3 times, the judge recognizing their attorney fees but not recognizing ours. Even so, now they will take it to Circuit Court to increase this award even... Read more »

Michael Zamzow
Michael Zamzow answered on Aug 20, 2021

Maybe. You can contact an attorney, although it reads like you have counsel.

1 Answer | Asked in Consumer Law, Contracts and Insurance Bad Faith for Georgia on
Q: Is a carshield repair contract considered insurance in the state of Ga? If not does the state regulate them?

Ok. Apparently the question wasn't clear to some people. It isn't a question of is it auto insurance. If is a question of is that contract legally considered insurance against mechanical failures(I have heard the term "policy" used and they have "adjusters")? Also... Read more »

Cory D. Raines
Cory D. Raines answered on Aug 19, 2021

CarShield offers protection plans and warranties to their members and is not insurance. Their coverage extends to only to automobile repairs. Although having CarShield may be a good thing, it does not provide coverage for injuries damage caused by accidents. Therefore you should have insurance.... Read more »

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Georgia on
Q: Is it safe to rent or to a tenant due to COVID 19
Michael D. Birchmore
Michael D. Birchmore answered on Aug 18, 2021

Sorry. This is not a legal question. You'll have to figure this one out on your own.

2 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Florida on
Q: I lied to someone about a contract that does not exist and I signed a lease that has been voided but was a lie can I go
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 18, 2021

If you are asking whether you can go to jail "for lying to someone" or for "signing a lease that has been voided" the answer is no.

But you certainly can get into other kinds of big trouble for lying about fraudulent contracts and fraudulent leases.

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1 Answer | Asked in Civil Litigation and Contracts for Florida on
Q: Can I go to jail for living to someone about a contract that does not exist

I lied about a contract that does not exist and keep the lie going for over a year I told the lady the truth question is am I going to jail there is nothing with her name on it

Barbara Billiot Stage
Barbara Billiot Stage answered on Aug 18, 2021

That question is impossible to answer in an online forum. It depends on what the contract was about and if the "lady" was harmed in any way by your deception.

1 Answer | Asked in Contracts for Illinois on
Q: I had verbal contract with my mother on a building. Now 5yrs later after paided off she evicts me for nonpayment of rent

Can she legal do that

Bryan R. Bagdady
Bryan R. Bagdady answered on Aug 18, 2021

You have encountered a Statute of Frauds Issue. I authored a blog on this topic. I think it is relevant. Portions are stated below:

If you enter into contracts in Illinois, you should at least be aware of the Frauds Act. Illinois law limits certain claims and actions if they are not...
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2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Civil Litigation for Texas on
Q: Collateral on a loan was never returned when the loan was never provided. Indirect threats were made following this

Is this a criminal and/or civil matter? The collateral in question was the key to my storage unit which contained $30k-$40k worth of personal property. When no loan was ever produced I asked for key to be returned the day that the offer of a loan was proposed. They refused. I found out 2 weeks... Read more »

John Cucci Jr.
John Cucci Jr. answered on Aug 17, 2021

Dear Denton:

Sounds terrible.

I will assume all you tell me in the question is true. If the person who is now in possession of your property, got it through false information or "trickery" that would be a crime in Texas. I hope you have proof of your inventory. If not it...
Read more »

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1 Answer | Asked in Contracts for Arizona on
Q: Can you bid on your own auction online in Arizona when a lien has been placed on your storage unit
Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 17, 2021

Probably yes

Check with the online company

It is very typical in bankruptcy auctions for the debtor to bid on his own assets

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