Contracts Q&A by State

Your current state is California

Show More States »

Lawyers, Answer Questions  & Get Points Log In
Contracts Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Products Liability and Business Law for California on
Q: What does it mean when a car dealership defers the balance of $2,000 from a cash sale of $30,000 what are your right sto

My friend went into car dealership with $30,000 cash he saw a car with the sticker price of $29,000 when everything was said and done he still had a balance of $2,000 and the dealership decided to defer the payment for him now they're threatening to take the car what are his right what does... Read more »

Leon Bayer
Leon Bayer
answered on Jun 9, 2022

Your friend needs to have somebody read the contract to him. Does the contract say the price of the car is $30,000 or is it $32,000?

1 Answer | Asked in Contracts and Legal Malpractice for Florida on
Q: How could I go about suing a attorney for unethical reasons?

I was tricked into paying legal fees that were never owed and given directly to my ex-husband by his attorney. I have text messages proving this was done to me. Do i have any legal ground? What category does this fall under?

Charles M.  Baron
Charles M. Baron
answered on Jun 8, 2022

To get meaningful advice about your situation, you need to schedule a consultation with an attorney for discussion of the circumstances, review of your retainer contract (if any) and the case materials, and if this was a court case, review of the court docket. You might have a legal malpractice... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Tenant not getting deposit back.

Never got deposit back after around 60 days. They claimed to have sent it already. I asked about it and they said it was sent and to let them know if I don't get it and they will resend. I never got it and asked, then they claimed I owed them money. I stated FL statute 83 to them, they claimed... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jun 8, 2022

When a landlord fails to comply with the statute requiring either return of a security/damage deposit within 15 days or instead, a letter via certified mail within 30 days explaining why the landlord is retaining some or all of the deposit, the tenant may file suit against the landlord in small... Read more »

1 Answer | Asked in Contracts and Family Law for Maryland on
Q: Am I responsible for paying a loan that’s not in my name but being used to pay my daughters college balance?

Daughters mother took a loan out to pay daughter college. Never asked or consulted me. There’s nothing in our paperwork saying I’m responsible to pay her college. Now her mother wants me to pay the loan.

Mark Oakley
Mark Oakley
answered on Jun 8, 2022

(1) Are you married to your daughter's mother?

(2) Are you divorced from your daughter's mother?

(3) Is there a marital separation agreement or any other type of signed agreement bewteen the two of you that provides for payment of college tuition, and if so, what exactly...
Read more »

1 Answer | Asked in Contracts and Business Law for Florida on
Q: Can a daycare sue me if we gave them a two week notice even though we signed up for the entire summer?

My daughter has been with this daycare for 4 years and this is her last summer camp with them. We need to take her out for financial reasons and we gave them a two week notice but since we signed a paper and initialed for the entire summer they are saying we have to pay for the entire summer. Can... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jun 7, 2022

Whether the business would have a valid claim against you depends on the applicability and validity of the contract language at issue, as well as the validity of the entire contract. Therefore, it would be best for you to schedule a consultation with an attorney handling contract disputes. If the... Read more »

1 Answer | Asked in Contracts, Employment Law, Gov & Administrative Law and Government Contracts for Virginia on
Q: A company is refusing to pay me over $9000 that I earned as an independent contractor. What are my options?

The company is a subcontractor under a Prime Contractor who provides medical disability exams for Veterans Affairs. The company claims that the Prime didn't pay them for those particular services, and therefore they are not obligated to pay me for those services either. They haven't... Read more »

Steven Krieger
Steven Krieger
answered on Jun 7, 2022

Yes, you have a few options: 1) send them a demand letter threatening a lawsuit if they don't pay you; or 2) pass on the letter and simply fie a lawsuit. Before doing either, I'd check to confirm that your agreement does not have any language in that conditions your payment on payment... Read more »

2 Answers | Asked in Consumer Law and Contracts for California on
Q: We got a new car in Cali 4 days ago. Can we cancel warranty added by the dealership?

We thought we got a good deal on a car. But on contract signing, we noticed there were warranty add ons totaling $6000. We told the financial guy we did not want all those, and he said it is part of the financing agreement since my husband is a first time buyer. My husband signed the contract and... Read more »

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Jun 7, 2022

Many car buyers get talked into buying an extended warranty they didn't want or need by a car salesperson who earns a commission by selling it. They then get home, do their research and learn that these are rarely worth the money.

Unfortunately, there's not enough information to...
Read more »

View More Answers

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: Terminate commercial lease

I have a commercial lease agreement for a fixed term in Florida for my startup business. There are some disputes with the landlord and incorrect information in the lease agreement. I would like to exit the property right away and seeing legal advice on the lease agreement.

Can I pay all my... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jun 6, 2022

The answer to your question depends on whether you have a valid, enforceable lease agreement, and if so, whether there are lease terms that dictate how the parties must attempt to resolve the types of disputes you are having, and on whether there is any issue of landlord's failure to meet... Read more »

1 Answer | Asked in Construction Law and Contracts for Tennessee on
Q: I have a contract to get a 4 seasons patio. The employee misquoted the price. They want to charge me 7k additional. Can

Can they do this? I have a signed contract. The job was 25000 and I’ve paid 12,000z

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 6, 2022

Your signed contract probably allows the service provider all types of increasing the price for changes, materials, etc. Hire an attorney to review the contract and possibly negotiate a lower increase in the contract price.

1 Answer | Asked in Civil Litigation and Contracts for Tennessee on
Q: I had a contract / bill of sale for food truck. 20 k down and 1000 a month following. He hasn’t paid the thousand

It was stated in contract of payment not made on time, ownership reverts back to seller. Is this mine legally to sell again

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 6, 2022

Is the truck in your possession? If not, and you did not perfect the lien on the title, then the buyer could sell it. You will need an attorney to look at the contract and the facts prior to doing anything else. Otherwise you could be charged with theft or conversion.

1 Answer | Asked in Contracts and Collections for Michigan on
Q: Can I request a modification of subpoena that was sent to my former credit union?

I am being sued for a loan that I signed for but never received funds. The original creditor had supposedly given the funds to a doctors office for a surgery I had scheduled. The doctors office claims they didn’t receive it. I tried to get this resolved without success. Now 3 years later I am... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 6, 2022

Your question presents two issues: 1) is a possible defense to the suit itself, and 2) the scope of the subpoena / discovery.

You're probably not going to win on the bank statement issue, and quite frankly, that's probably not where your focus needs to be on. You should retain an...
Read more »

1 Answer | Asked in Contracts for Kentucky on
Q: Today is Friday and I am scheduled to close on Monday morning.

The seller waited until Friday evening to inform everyone that they do not have the money they are required to bring to closing and are considerably short (more than $10,000.00) on having what they need. I am thousands of dollars in at this point. I have been maintaining the property since we both... Read more »

Timothy Denison
Timothy Denison
answered on Jun 6, 2022

Move in and take possession. You may have to sue the seller to get the balance you are owed.

1 Answer | Asked in Business Law, Contracts and Landlord - Tenant for California on
Q: Can we purchase a business and take over without getting the lease approval completed from the landlord

Can we purchase a business and take over without getting the lease approval completed from the landlord?

just wondering, because we understand the risk that the landlord may reject us, and then the seller can run away with the money that we payed them. Is there a way to avoid this risk so... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Jun 5, 2022

Well, the first question is ... "what is getting in the way of you acquiring the new lease" ... and the second question is ... "what does the current lease state about subleasing or an assignment of the lease. To get an answer, I would recommend that you schedule at least two video... Read more »

1 Answer | Asked in Contracts and Business Law for Maryland on
Q: Does a president of a condo association have the right to hire and fire employees without board approval?
Matthew Morris
Matthew Morris
answered on Jun 4, 2022

Like almost any good legal question, the answer is "it depends." Generally, an individual person can be given the ability to hire and fire employees without calling for a board vote. But a more specific answer is that you should look at your association's bylaws. Under Maryland law,... Read more »

1 Answer | Asked in Contracts, Criminal Law and Landlord - Tenant for Nevada on
Q: I am cleaning and fixing a house and exchange for low rent, I donated two cars that weren't running and now being evicte

At the house I am staying in I made an agreement with a person who manages the property for the owner, Hey agreement was that I would fix up the house and clean the property while I'm living here for a low rent, about the cars too this person many times and they've even mentioned about... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 2, 2022

A Nevada attorney could advise best, but your question remains open for a week. At this point, you could reach out to local attorneys to discuss. A landlord-tenant attorney would probably be in the best position to advise about eviction. In terms of the cars, you already included Criminal Law for... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Kentucky on
Q: How long do you have after buying a house to go after the seller for non disclouser of a problem?

We bought a house almost 2 years ago, when we looked at it there was a corrugated pipe sticking out on the hill in the back yard. We asked what it was and they said a french drain. Fast forward we have found that the hill next to us slid so that dug that hill and part of ours and ran corrugated... Read more »

Timothy Denison
Timothy Denison
answered on Jun 1, 2022

You’ll need an expert to assess the situation snd to estimate repairs. The time starts to run when you learned of or should have learned of the defect.

1 Answer | Asked in Contracts, Civil Litigation and Collections for Tennessee on
Q: can a car lot keep your down payment if they take the car back

I put a down payment on a car and 2 weeks later they called and said they were taking it back because I changed jobs. I was told it was illegal for them to keep my down payment. Is that true? Because they shouldn't be allowed to keep my money if they take the car for no reason. They have done... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 31, 2022

Both Parties can argue they are entitled to the money. But it is up to you to file for breach of contract, conversion, etc. in General Sessions Court, where you will have the burden of proof.

1 Answer | Asked in Business Law, Contracts and Consumer Law for Florida on
Q: What can I do if a car lot gave me a different car after I signed a contract for another one

I went to elder Ford and signed a contract for a truck. When I was going to leave the truck they brought me was not the truck I signed the contract for and they told me I signed for the lemon they brought me and omg what can I do about them scamming me

Charles M.  Baron
Charles M. Baron
answered on May 31, 2022

It depends on whether you signed a new contract accepting the different vehicle. If you did not, the dealer breached your contract, in which case you of course would have a legal remedy. Consult an attorney in your area handling auto dealer or consumer protection issues. Also, your county... Read more »

5 Answers | Asked in Contracts, Divorce, Estate Planning and Family Law for New Jersey on
Q: I am married and relocating to New Jersey. I plan to purchase a home in NJ...

I am married and relocating to NJ. I plan to purchase a home in NJ. I will be putting in approximately 90% of the funds to buy the home and my spouse only 10%. We're buying the home cash without a mortgage. Question 1: can we specify in the deed the respective ownership % of each party?... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on May 29, 2022

New Jersey is an equitable distribution state. You can seek to obtain an experienced matrimonial attorney to prepare a post nuptial agreement that embodies the terms you mentioned. You should also consider the alternatives, which include taking a mortgage and putting down an equal amount or do not... Read more »

View More Answers

1 Answer | Asked in Divorce, Contracts and Real Estate Law for New York on
Q: How to remove a pendency action , filed on a breached , non compliance and in contempt of divorce stipulation of 2016

No legal action to enforce breached

stipulation agreement started and party affected not notified of filing

Michael David Siegel
Michael David Siegel
answered on May 29, 2022

A notice of pendency expires after 3 years if not extended. A motion is required if a title company is requiring it, and the other side does not consent.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

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 Ask a Lawyer 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.

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.