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1 Answer | Asked in Business Law, Contracts and Employment Law for California on
Q: Can I sue my former startup for breach of contract and the liquidated damages that were caused?

I have 3 months to exercise options in a startup that I worked at, but I can't because I do not have the money (and I cannot take out a loan or borrow the money). Here's the catch, I am owed almost 6-figures in unpaid wages. My former boss refuses to pay all my wages at once as per state... Read more »

Brad S Kane
Brad S Kane
answered on Dec 7, 2022

You are entitled to your earned compensation within 24 hours of your termination. For each day late, you are entitled to an additional 1 day's up to a max of 30 days.

Since the employer owes you substantial wages, you should speak with a lawyer about offering to release a portion of...
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1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for Georgia on
Q: Can a title specialist / financial operations manager notarized customer paperwork?

Based on this state law below, can a title specialist / financial operations manager notarized customer paperwork:

It is lawful for a notary who is an employee, officer, director or stockholder of a bank or corporation to take the acknowledgment of any party to any written instrument... Read more »

Michael D. Birchmore
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Michael D. Birchmore
answered on Dec 7, 2022

Certainly. A prohibition would apply be where the Notary Public had some form of ownership interest in the business or the transaction itself.

1 Answer | Asked in Contracts for Nebraska on
Q: I sold my bar to a lady who paid half up front and I self financed 303K over 5 years for her. She has yet to pay on it.

She is 4 payments behind and has a variety of reasons why she won't pay so I got a lawyer to send a demand letter. She has not responded to this either. I was wondering what the possible outcomes are on this? I can file a breach of contract suit obviously but what are the usual outcomes on... Read more »

Julie Fowler
Julie Fowler
answered on Dec 7, 2022

The Court will generally enforce the terms of a written contract. However, the odds of your success in the action depend on a lot of factors, including the specific terms written. Also, keep in mind that even if you receive a monetary judgment against the other party, it is harder to actually... Read more »

1 Answer | Asked in Construction Law, Contracts and Government Contracts for Kentucky on
Q: If a construction company designs a state funded project, can that company also bid on the construction of that job?

Can a provatd contractor, who has been paid to design a state-funded project, submit a bid to build that same project when the it goes to bid? It seems like this may be a conflict of interest.

Timothy Denison
Timothy Denison
answered on Dec 7, 2022

No. It is a conflict of interest.

1 Answer | Asked in Business Law and Contracts for Maryland on
Q: I own a small electrical company and I am having issues collecting payment from a pretty large management company.

Contract agreement in net30 but payment is over 60 days past due. I threated to place a lien on the property and then the company had their attorney threaten me with lawsuit if I move forward with the lien. Am I able to put Lien on property? what are my options?

Mark Oakley
Mark Oakley
answered on Dec 7, 2022

Take your contract, your unpaid invoices, and correspondence regarding payment to a lawyer to review. Whether you pursue a mechanic's lien or file suit for breach of contract, or both, depends on the facts, what is owed, who you have a contract with, etc. Management companies do not typically... Read more »

1 Answer | Asked in Contracts, Business Law and Lemon Law for Utah on
Q: Is it legal to deny a person a foreign vehicle when applying for an auto loan?

I bought a vehicle from a dealership 6 months ago I just found out a week and a half ago that the vehicle they sold me was stolen they told me to bring back the vehicle and they would get me a new vehicle and now when I put my application in I was told that I don't qualify for European... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Dec 6, 2022

I am not aware of a law preventing a specific individual from owning a foreign car. Some foreign cars will have difficulty being imported to the US without a lot of paperwork, but I can't imagine how a particular individual would be prevented from making a purchase.

Also, it is...
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1 Answer | Asked in Consumer Law and Contracts for California on
Q: What are my rights for a rental car cancellation if my flight was cancelled and had to fly into another state?

I booked a car rental through Expedia and during our connection flight on United Airline, we were advised our flight into Baltimore, MD from San Francisco was cancelled until the following day. They were able to put us on another flight but it landed in Newark, NY. I called Expedia and the lady... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Dec 6, 2022

The base solely on your post and assuming all facts to be accurate and true then you have to read the agreement you signed with the rental car company or the online site and that we generally cover your rights. That said if the airline caused this then the airline should give you a little bit of a... Read more »

2 Answers | Asked in Construction Law and Contracts for Massachusetts on
Q: I have a builder building a home for me, they aren't addressing issues I have found but want their final payment.

Is it legal for me to with hold providing them the final check until they complete the issues I have with the home? I have asked them for over a week to come to the home and address the issues with me and they've ignored every email and text and say I'm going to be late on their payment... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Dec 6, 2022

The contracts should be reviewed and you should have counsel involved as there are a lot of moving parts. Construction is a legal specialty by the way and not for the pro se dabbler unless you are willing to take the lumps you may be in for!!

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2 Answers | Asked in Contracts and Civil Litigation for Florida on
Q: Do I have to respond to Defendant's Affirmative Defenses and move to judgement against me, plaintiff?

This is a Civil Circuit case in Florida.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 5, 2022

If you don't want your case to get confused by the affirmative defenses, and you don't want to have to deal with them if you go to trial, you can move to strike them. I'm not sure what you mean by "Do I have to ... move to judgment against me ...". For further... Read more »

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1 Answer | Asked in Consumer Law and Contracts for California on
Q: Is there a law protecting consumers from auto dealer fraud?

I bought a Camaro in July. After major issues almost immediately with the vehicle, I started questioning the dealership. I was given certified papers that the car only had one previous owner, had never been in an accident and that their mechanics had gone over the car. When the rear end fell off, I... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Dec 5, 2022

Yes, California has the consumer legal remedies act which protects car buyers from such issues. There are also many warranty laws that may apply here. There are specific attorneys practice dealership fraud law. Call and have a consultation. Make sure you have all your paperwork ready to provide... Read more »

2 Answers | Asked in Bankruptcy, Business Law and Contracts for Colorado on
Q: We paid a company 30k to build an online business. After two years, the company filed for chapter 7. Can we do anything?

The company was paid as private contractors. We waited 2 years for them to build the store they promised, but all they ever did was delay. Now they’ve filed for chapter 7 bankruptcy without ever telling us and we don’t know what, if anything, we can do legally to try and recoup our $30k. The... Read more »

D. Mathew Blackburn
D. Mathew Blackburn
answered on Dec 4, 2022

You would have to reduce the cause of action to a judgement by filing a lawsuit and going through that process. This process will depend on the language in any contracts executed or if there was no contract the state procedural and conflict of law rules.

Once you have a judgement you would...
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2 Answers | Asked in Bankruptcy, Business Law and Contracts for Colorado on
Q: We paid a company 30k to build an online business. After two years, the company filed for chapter 7. Can we do anything?

The company was paid as private contractors. We waited 2 years for them to build the store they promised, but all they ever did was delay. Now they’ve filed for chapter 7 bankruptcy without ever telling us and we don’t know what, if anything, we can do legally to try and recoup our $30k. The... Read more »

David Luther Woodward
David Luther Woodward
answered on Dec 4, 2022

The First thing you do is find out where the matter is pending.

The Second thing you do is find a creditor's bankruptcy lawyer there.

The Third thing you do is follow his advice.

Good Luck

d

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1 Answer | Asked in Contracts, Family Law and Landlord - Tenant for Texas on
Q: I am needing to know if the lease my brother had written up is good. I can send an unsigned copy. I can explain my ?

My son at the age of 36 has been living with me for over a year. My brother is now trying to remove him from my home and property I live on. I have paid an additional $100 for December rent. According to my new lease my son is considered a guest and will only get to stay thru December. I also would... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Dec 4, 2022

You can retain a lawyer to review the lease, My case is the fee will be about $175.00

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: If a realtor says a home does not need flood insurance, but actually does after signing a contract, can we get out of it

Place is in Florida, both realtor and seller said flood insurance is not required, bank said it is in a flood zone, now way more money is needed for evaluation of property, realtor says we cannot get out of contract, what can be done

Jane Kim
Jane Kim PRO label
answered on Dec 3, 2022

Florida does not have flood disclosure laws. Therefore, it depends what your real estate contract says and what the Seller’s Property Disclosure Form says. It covers a variety of property conditions and risks, including: structures, appliances, termites, water intrusion, flooding drainage,... Read more »

1 Answer | Asked in Contracts for California on
Q: Selling 1 franchise in CA for 60K. What is the surety bond amount? IL is cost x no. of franchisees. Is it same in CA?

California has determined that we, the franchisor, have not demonstrated we are adequately capitalized and/or that we must rely on franchise fees to fund our operations. The Commissioner has imposed a fee deferral condition. I would rather establish a surety bond instead. Is that allowed as an... Read more »

Derek Allen Colvin
Derek Allen Colvin
answered on Dec 1, 2022

Section 310.113.5 - Surety Bond in Lieu of Impound

In lieu of the imposition of an impound condition a franchiser may post a surety bond in such amount as shall be required by the Commissioner. Such bond shall be issued by a corporate surety admitted to transact business in the State of...
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2 Answers | Asked in Consumer Law, Contracts, Civil Litigation and Construction Law for New Jersey on
Q: What type of lawyer should I contact to handle a solar company? We have had damage done to our home due to water leaks.

They have been out 4 times already to try and fix the problem. We now have 3 rooms of ceiling damage. We want panels off, roof replaced and contract loan taken care of. They have not fixed or ceilings with water damage.

Leonard R. Boyer
Leonard R. Boyer
answered on Nov 30, 2022

You need to retain an experienced civil litigation attorney, who has substantial experience handling home improvement contractor cases that violate both the New Jersey Home Improvement Contractor Act and The New Jersey Consumer Fraud Act. Although you would at all times be responsible for your own... Read more »

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1 Answer | Asked in Business Law, Contracts and Real Estate Law for Texas on
Q: Can a seller change their mind and backout after closing papers are signed?
Jaime Victor Papa
Jaime Victor Papa
answered on Nov 30, 2022

I would need to learn more about your case. It is unclear what is being sold.

1 Answer | Asked in Contracts, Employment Law, Tax Law and Landlord - Tenant for Texas on
Q: Employment offer letter states housing provided at (blank) property. No details, what is or isn’t allowed?

Housing provided = 2 bed, one couch bed rv camper trailer. Details of said housing were not outlined in employment contract/offer letter. We are now purchasing a mobile home (larger/more permanent adequate). Company owner is allowing placement on the property. We do not pay rent, but portion of... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Nov 30, 2022

I would need to reach the contract to determine if there is a breach.

1 Answer | Asked in Civil Litigation and Contracts for Texas on
Q: I live in Dallas and approximately two years ago my husband and I were scammed into a solar panel lease.

About two years ago we got solar panels. The representative promised us that this was a good investment because we would never receive an electric bill again. Overall what convinced us to get the solar panels was that he told us we would get a 26% cash back check when it was tax season and it would... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Nov 30, 2022

I am working on a case like this currently and am preparing to sue the solar panel provider as well as the finance company that financed the loan for the equipment. You may have a several valid causes of action here, but I would need to read your contract to make a determination.

1 Answer | Asked in Landlord - Tenant and Contracts for Ohio on
Q: I live in Ohio my property manager is trying to make me pay utilities that my lease says are covered by the landlord.

Is she allowed to do that when my lease clearly states “this is a utility y by the landlord”. My lease isn’t up until 4/30/23. Shes saying that there is new management and that she gave us a 30 day notice so we have to pay. Is this correct? I thought my lease was a binding agreement that... Read more »

Joseph Jaap
Joseph Jaap
answered on Nov 30, 2022

Some property managers act improperly. They sometimes demand that tenants make a payment not required by the lease. If you don't pay it, she could file to evict you. You could then take your lease to court, and if your lease does not require you to pay it, the judge could dismiss the... Read more »

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