My father passed away March 31 2021. After he passed away, my neighbor asked if I wanted to sell 5 acres of our 40 acres we have to him. I said yes but made it clear to him I would have to wait until the land was switched to my name. (Side note- my neighbor and the lawyer who handled the probate... Read more »
Such a sale can go one of two ways. First, the heir you can wait until the property is transferred to the heir and then sell it, in which case the sale proceeds are made payable to the heir.
Or, the property can be sold by the estate while still in the estate, in which case the sale... Read more »
I signed a contract I think last year with an updated sick hour policy that said that hours do roll over into the new year and we get 24 hours of sick pay with a max cap of 48. I got sick at the beginning of this year and was told that I don't have any hours yet because the law changed so the... Read more »
It appears that your employer is violating California law by saying that your accrued sick leave does not roll over in the new year. The law allows no roll over only if you are provided a minimum of 3 days at the start of the new year.
California Labor Code 246(d) provides that:... Read more »
I'm Pro Se in a NY case and I requested a default judgment as defendants never responded or appeared in court. The defendants are also in NY and are now claiming personal jurisdiction and improper service. My understanding is that there is a time frame for them to argue personal jurisdiction.
In order to "open" (vacate) a default, defendants must argue that they have an excuse for failing to respond to a Summons and must assert a valid ("meritorious") defense (not a high bar on vacating a judgment), which includes the defense of lack of jurisdiction -- which would... Read more »
We are in the process buying a new house. This home was listed as being an “as is” sale. We had a home inspection preformed for our protection as it’s an 110 year old farm house. The listing stated the product had a septic system. The inspection revealed there is only a discharge pipe that... Read more »
It is unclear from your post whether at this point you can back out of the sale. If the seller's disclosure statement is inaccurate but you are aware of the issue and still go through with the sale, you may face a challenge, if you were to sue, proving that you were damages as a result of the... Read more »
For an attorney to help you file an answer, you will need to call attorney's office, have a consultation, and hire the attorney. Answers are due 30 days from being served so time is of the essence.
He has filed a claim as if he had o responsibility, even tho our contract says different
Without more information on the circumstances surrounding the dispute, a complete answer cannot be given. However, filing a motion to dismiss can be done for a variety of reasons and is case specific. Therefore, It is highly recommended that you contact an attorney that specializes in civil suits.... Read more »
•I am the only legal Tenant of the property as I signed the contract
I have an occupier living in my rental home. The person and I lived together for around a year but her name is not on the contract. She has not payed 3 weeks worth of rent and also rejected to pay the bills. Is it... Read more »
Under Georgia law, a renter may evict a roommate or other person whom is not on the lease. Before you can initiate eviction proceedings, you will need to give them written notice and they must refuse. Once this phase is completed then a dispossessory action can be filed at the county's... Read more »
I was not injured by the treatment but the issue the dentist failed to fix(misaligned bite) causes me constant discomfort. He has prolonged this miserable feeling by wasting a year of my time with shady treatment. He accomplished nothing and refused a refund because he “saw nothing wrong”. A... Read more »
You would want a medical malpractice lawyer that handles dental malpractice claims. Not as many medical malpractice lawyers handle dental claims because malpractice litigation is extremely expensive and usually dental malpractice claims have limited damages. The concern with dental malpractice... Read more »
I have reached out to the lender to repay the loan in full, in exact accordance with the judgement/court order. However, the lender is not accepting payment. They are just not responding. Is there a point where the debt can be cancelled due to not accepting payment in full or refusing to comply... Read more »
Debts just do not get magically canceled. If it is appropriate and cost-effective you should simply file for bankruptcy, but that cannot be determined here. The creditor is under no obligation to take payments, but will almost certainly serve you with an information subpoena. You can have a secure... Read more »
Removed effective immediately. Handbook states non refundable. But she is refusing services so shouldn’t I be entitled to refund of tuition paid?
Without seeing the entire contract, I could not speculate on the legality of the non-refundable clause. It will also depend on whether or not the dance studio is alleging that you breached one of their terms. I would advise sitting down with a local attorney and seeing what they think of the case... Read more »
It was never discussed that there was a fee for 'breaching contract'. But then I was told that it would be a $3,500 charge
I recently spoke to them again about this and now they have changed the fee to $5,000. Unfortunately, this conversation occurred over the phone and they are... Read more »
If there is no provision in the contract about this fee, you are not obligated to pay.
Sister and her boyfriend bought a house last year. He has been drunk all the time and mean to her and my nephew and she wants to sell the house to move home and take care of sick mom. He's paying the mortgage but they used her credit. He won't sell and says he'll stop paying the... Read more »
I take it the boyfriend's name is also on the deed? There's only three ways to proceed: 1) get him to agree to take the house and refinance the mortgage into his name; 2) get him to agree to just sell the house and split the proceeds, or 3) petition the court for an order to sell the... Read more »
it turns out he is not, am I liable? He comes from one of the largest freelance firms in US that list his credentials. I am in NYS
It will depend on what you use his credentials for.
Consult with an attorney.
Good evening. I am lending capital to a real estate investor in my area and in turn I will be receiving 10% interest for a total of one year. I will receiving two documents, a promissory note and the loan agreement, and I would like a lawyer to review to make sure my interests are protected and... Read more »
Yes, I do know a great deal about this. I would have to discuss the matter and then review the documents. My website is easy to find. This space does not encourage contact information.
typo, it ended 12/26/21 and i emailed on 12/23/21. landlord is accusing me of not giving a notice and trying to charge me for the month of FEB although we will be moved out by then. they have been horrible not answering maitnence requests and even leaving us with no A/C in 80-90 degree heat for two... Read more »
An attorney would need to review your lease. It’s unclear whether remained there on January 27 and you paid rent for the next month. If you stayed and paid and the landlord accepted the rent then you might be on a month-to-month tenancy. Any lawsuit that you file probably won’t get an... Read more »
The buyer is an investor and is paying cash.
You would have to meet with a lawyer so that the lawyer can review your agreement and discuss the facts of the transaction with you.
My dad offered to sell his land for $150,000.00 by a hand written letter to a buyer. The buyer days later met dad at a location and offered to pay $5 to copy some documents because my dad had large bills on him. A sale agreement is now being produced by the buyer stating that he paid $5 as... Read more »
It is up to the buyer to try to sue for specific performance of the handwritten contract. It will be difficult as the Dead Man Statute now takes effect. Hire an attorney to review it and give his opinion on the risks, but it is probably negligible. It will also be difficult for him to... Read more »
The balance on the account. My lease is up in April and is covered until then. I just began new employment and my landlord told me my lease is not renewable. Is there a way to fight this?
Landlords are not required to renew leases. It is very possible your landlord is planning on selling the property while the real estate market is hot and prices are high.
I have noted in writing and in person that I will not and cannot use this warranty, I dont keep my car for longer than 2-3 years and will never use it. The extended warranty would extend the basic warranty from 3 to 5 years. I never have a car that long and have asked for it to be removed. Is this... Read more »
I would absolutely refuse the demand and contact the Attorney General's Consumer Fraud division for immediate assistance!
I recently went to my dealership to purchase my car and pay the rest of the lease off. The object was to not have a car payment any more. My husband and I estimated my total buyout and everything to be around 15,000 since my residual value is 11,000 and I still owe 2000 in lease payments plus tax,... Read more »
Generally, if any important change is made to a contract without being part of the original contract, the change cannot be made.
However, without being able to read every page of your original contract plus read any other attachment addendums, or similar changes it is impossible to answer... Read more »
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