Contracts Legal Questions & Answers


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Category: Contracts
How does a failed business honor contracts once they are closed?

If we sign a two year contract with our company, and the company subsequently shuts down operations, will the company have to honor our contract?

01/12/2007 | Category » Contracts  State » MD  #362
How can I stop the closing if I signed a contract to sell under duress?

I signed a contract to sell real property under duress. How can I stop the closing?

02/01/2007 | Category » Contracts  State » CA  #1086
What can I do to get a contract in place on the business I own with my brother?

Last year (January of 2006) my brother made an oral agreement with me that I would have a 50 percent partnership in the gas station business. Out of the net profits, my share would go towards paying off the business. I even paid him 100,000 dollars towards the cost of the busines...

02/01/2007 | Category » Contracts  State » CA  #1107
May an electronic signature legally be considered a wet signature?

May an electronic signature legally be considered a wet signature?

02/01/2007 | Category » Contracts  State » CA  #1228
Does a holder in due process apply to a gift by contract?

Does a holder in due process apply to a gift by contract?

02/01/2007 | Category » Contracts  State » NM  #1391
Where can I find a form to rescind a sales contract?

I need a form to rescind a sales contract? What is it called?

02/01/2007 | Category » Contracts  State » NJ  #1397
What obligations does a claimant have after the insurance company pays the claim?

What obligations does a claimant have after the insurance company pays the claim and then subrogates against the negligent party?

02/16/2007 | Category » Contracts  State » AR  #732
What does a pro boxer's contract entail?

What does a pro boxer's contract entail?

02/19/2007 | Category » Contracts  State » ALL  #744
Is a verbal contract legal in Washington concerning a fishing vessel's owner and a crewmen?

Is a verbal contract legal for the state of Washington concerning a fishing vessel's owner and a crewman?

03/16/2007 | Category » Contracts  State » WA  #1601
If a purchaser withdraws from a contract but then decides to buy can seller be compensated?

If a purchaser willfully defaults on a real estate contract and then decides to go through with it, can the seller be compensated in any way before entering back into the contract?

03/16/2007 | Category » Contracts  State » NY  #1602
How long do you have in Nevada to cancel a contract?

How long do you have in Nevada to cancel a contract? I purchased a vacation club package and it is nothing like they described to us in the meeting. The contract says it follows all of the laws of Nevada but I live in New York.

03/19/2007 | Category » Contracts  State » NV  #1730
What are my options to get back the property I have leased since leasee is not paying?

I have leased a tractor [semi truck] to a person that lives in OK. They have had the truck for over a year. The lease is that they will pay so much, and mantain the equipment in good working condition. They will not pay or return the truck to me and have threatened to have it rem...

03/27/2007 | Category » Contracts  State » NY  #2232
What can I do if I am not happy with the contractor's work?

I am not satisfied with the contractor's installation of wood flooring. What can I say or do to have him remove the planks that do not match the rest of the wood?

03/30/2007 | Category » Contracts  State » TX  #2359
What is the minimum age that a person in Georgia can enter into a binding contract?

My 16 year old daughter recently without my permission signed a contract with a tanning salon to do an automatic monthly debit.

03/31/2007 | Category » Contracts  State » GA  #2411
Where can I find a lease purchase agreement for renting out my home?

We are considering renting our home in PA with the option of purchase. We need something in writing to cover both us as the landlord and the renters that they are responsible for all repairs and upgrades to the property. At which time they pay the asking price of the property, ...

04/01/2007 | Category » Contracts  State » PA  #2431
Do I need a contract for donations from poeple who are sponsoring me in a fishing tournament?

I fish in money tournaments and this year I have sponsers who are given $100.00 a piece, do I need a contract for this or not.

04/05/2007 | Category » Contracts  State » IL  #2691
How do you legally determine when an invoice is due, the month billed or when work was performed?

We are asking a subcontractor to sign a lien waiver of Feb. invoices. They refused because one invoice was not included. We rented equip from them during Feb but was billed in March. Do you go by billing date or date of equip usage to determine month due?

04/06/2007 | Category » Contracts  State » TX  #2706
Is there a rental contract for an independent hair stylist who rents space within the salon?

Is there a rental contract for an independent hair stylist who rents space within the existing salon?

04/08/2007 | Category » Contracts  State » NY  #2789
Can I host mixed martial arts fights legally with a waiver?

If I want to have a mixed martial arts place where people 18 and over have fights with a signed waiver would be able to have that with out having to go through the courts to get it an okay?

04/09/2007 | Category » Contracts  State » TN  #2854
I am starting a business and need a contract for my services- Contracts

I am starting a business offering creative designs for the home and office. Some of the items (plants, silk arragements, and other commissioned art pieces will be incorporated into the designs. I will research other artists work, commercially or personally and need to have a co...

05/01/2007 | Category » Contracts  State » WA  #3534
Should I file suit against the former owner or current owner to honor my contract?

I have been bringing craft items to a local consignment store. I originally signed a contract stating that I must pay a monthly fee and update my items. They re-mark my items for 25% more than my asking price. Over the 10+ years I have brought my items to the store, the store ...

05/02/2007 | Category » Contracts  State » MN  #3551
Do I need an attorney before signing a release and trust agreement from an insurance company?

Do I need to contact an attorney before signing a release and trust agreement from an insurance company?

05/03/2007 | Category » Contracts  State » FL  #3607
How long do I have to recind the purchase of a used vehicle for a dealership?

If I have a dispute with a car dealer on the repair work of a used vehicle I have agreed to purchase, can I cancel the contract/sale all together if it has been within a month's time?

05/09/2007 | Category » Contracts  State » TX  #4332
Can I force my niece to return the car I purchased her if she did not pass the exam as promised?

I promised to buy my niece a car if she passes the bar exam. She was exultant over how easy the exam was and assured me that she passed so I brought her the car. When the results were announce, she did not pass. Now that I asked her to return the car, she refuses stating there...

05/11/2007 | Category » Contracts  State » CO  #4478
What can I do if the owner of the well I lease from does not make needed repairs timely?

I rent my well and sewer system, but every year the well goes out. It is almost impossible to get in touch with the owner of the well. I have a contract that says he is responsible for service and repair. It take's longer than a week before anything is done. What can I do?

05/12/2007 | Category » Contracts  State » NE  #4547
Is assigning a contract for deed to another person for money consideration an illegal act?

Is assigning a contract for deed to another person for money consideration an illegal act?

09/17/2007 | Category » Contracts  State » NV  #8801
What doe the "e" in e-contract stand for?

What is an E-contract? Does it have anything to do with contract? Does the E stands for electric?

09/18/2007 | Category » Contracts  State » LA  #8852
Can Dealer Charge Deductible for warranty on low milage vehicle?

Is it legal for a car dealer to charge a $200.00 ductiable on a warranty. The car had only 54000 miles on it.They had to replace the alternator and battery.

10/02/2007 | Category » Contracts  State » CA  #9514

A signature is a symbol that signifies intent. The definition of "signed" in the Uniform Comme...

Is it fair to say that if a lease is not sign by the property owner that it is not honored as a validated contract? The lease that I have is not signed, furhter more I found out that the com[pany we did the lease with owes the protperty owner. The had another company take over...

10/10/2007 | Category » Contracts  State » CO  #10006

U.S. state laws do not prescribe a form for a bill of sale or any formal or attestation requir...

Is a notary required in TEXAS on a bill of sale of a sail boat in order for it to be binding.

10/20/2007 | Category » Contracts  State » TX  #10627
Can I be forced to sell my business if I already signed an agreement or can I rescind?

If you signed an agreement to sell your business, then change your mind and do not want to sell. Can the buyer force you sell?

10/26/2007 | Category » Contracts  State » NJ  #11007
I am a student and need to know if a contract becomes void due to illegal activity?

I am a student and need to know if a contract becomes void due to illegal activity? Does it involve comission of a crime? Has a crime been committed by either party since the contract has been labled illegal? Why or why not?

10/29/2007 | Category » Contracts  State » FL  #11217
Can someone with no ability to speak enter into a legally biding contract?

If a man is considered to be cognitive and that only his body is unable to function and he wants to enter into a legally binding contract, what are his options? He has moderate movement of his right arm, and nodding and shaking back and forth movements of his head - but no s...

11/09/2007 | Category » Contracts  State » CA  #11968
How can I collect from the repair shop for poor work and damage to my engine?

I live in VA and had a local mechanic replace the timing belt on my Forester. It was installed improperly and damaged the engine. He kept the car for a month before finally fixing it. By the way, I never authorized him to fix my car after the belt tore up, just to tow it to hi...

12/11/2008 | Category » Contracts  State » VA  #14787
If verbal lease with option to buy camper trailer agreement was not up held can I go get my trailer?

If verbal lease with option to buy camper trailer agreement was not up held can I go get my trailer?

12/12/2008 | Category » Contracts  State » AR  #14793
Can I sue my son for financial damages for leaving the family company?

I believe my ex-wife, following our divorce, conspired and encouraged my son, who worked with me for ten years, to leave the company and take two of my principals. Can I sue for financial damages?

12/30/2008 | Category » Contracts  State » ALL  #14878
How can I collect money owed by a business partner?

In the beginning of this year myself and two other people I was doing business with agreed verbally to get a commercial property together and split the bills evenly. Joe was the one getting all the work and was paying both Bill and myself as outside contractors. Before this agree...

01/08/2009 | Category » Contracts  State » PA  #14948
Was an offer to settle made to me by an attorney with a witness legally binding once I accepted?

My sister and I own a house together. I want to sell; she doesn't. I filed a petition to partition property. Her lawyer called me for a meeting where he made me an offer that I accepted. He said he would draw up the papers. The next thing I heard was from another attorney making ...

01/14/2009 | Category » Contracts  State » NH  #14984
What are the repercussions if I give an unlisted business number to someone?

I was the sole consultant for an out-of-state company and now they no longer need my services but do not have a contact person in this area, and there are several ongoing projects that I was involved in and I am being asked for contact information of this company. They have an u...

01/15/2009 | Category » Contracts  State » FL  #15006
When is a bill of sale a bill of sale?

When is a bill of sale a bill of sale? We typed up a bill of sale and emailed it to someone who we were going to sell and finance a BBQ trailer. Nothing was signed and they never replied to the email. They claim it is now their trailer! They have threatened to sue if we don't let...

01/18/2009 | Category » Contracts  State » AL  #15021
How can I force the contractor to return the money I overpaid him?

I over paid my contractor, per his invoice. How can I make him return the amount that he was over paid?

01/23/2009 | Category » Contracts  State » CA  #15046
Is there a legal contract for my stepfather to sign stating he would provide for me adn my daughter?

After years of being sexually harassed by my stepfather he has finally backed down after me continually stating that is wrong. I will never succumb myself to that and that he should start thinking of going elsewhere for that need to be met. He raised me. He is the only father tha...

01/27/2009 | Category » Contracts  State » GA  #15074
Does credit include lines of credit or just the corporate credit established through credit cards?

I have a notarized contract with a company, 'acquiring corporate credit on behalf of the company'. Legally, does this include lines of credit or just the corporate credit established through credit cards? There is a possible dispute of fulfillment.

02/06/2009 | Category » Contracts  State » CA  #15176
What can I do if the hospital is suing me for work done at my doctor's office?

A hospital is suing me for not paying for a blood test bill that my infectious disease doctor ordered; The blood was drawn in the doctor's office. Can I use a 'lack of standing' defense since it was done at the doctor's office and not at the hospital that is suing me? I was not a...

02/17/2009 | Category » Contracts  State » KY  #15271
Can a public utility hold landlord reponsible for delinquent utilitiesl that was in the tenants name

In Ohio, for a commercial property, can a public utility hold the landlord reponsible for the delinquent utility bill that was in the tenant's name. The city of Bethel has an ordinance (1290) on their books that says they can and they are threatening to turn it over to the count...

02/18/2009 | Category » Contracts  State » OH  #15274
Who pays the outstanding business debt when selling our salon?

We are selling our Salon (LLC) which has a business credit card debt. Does the buyer write two checks, one for the sale of the salon and one for the business loan payoff?

02/20/2009 | Category » Contracts  State » OR  #15310
Shareholder Agreement's Spousal Consent in Right of First Refusal

In a California Cooperation when a shareholder signs a RIGHT OF FIRST REFUSAL, does a shareholders spouse have to sign off all her rights to all the property that is included in the RIGHT OF FIRST REFUSAL?

02/23/2009 | Category » Contracts  State » CA  #15335
What is the statute of limitations for an unjust-enrichment action?

Pursuant to a petition to partition, land was sold by order of Dukes Superior Court and in early 2007 the proceeds were distributed among the owners. It has now become clear to me that one owner was paid $12K which another owner (me!) should have received. This was due to mistake...

03/03/2009 | Category » Contracts  State » MA  #15423
Return of Items Purchased that Are Later Put On Sale

I bought $300.00 of miscellaneous merchandise in a department store. I halted shopping when a clerk told me 'everything was going on 40% mark down tomorrow'. I understand there is a law that supports consumers on this markdown process. A shopper simply takes the receipt into such...

03/04/2009 | Category » Contracts  State » MT  #15438
How is the period of one year defined in a contract?

How does one calculate a time period contained in a contract, for instance a two year time period when the effective date of the contract is March 5, 2007? Does the two year time period end on March 5, 2009 at midnight or does it extend to March 6, 2009?

03/09/2009 | Category » Contracts  State » NY  #15491
Does full disclosure and material fact apply even when it is an 'As is' contract?

We purchased a $50,000 mobile home 'as is'. After 6 months of using the air conditioning it started giving us problems. It was discovered when the previous company (their business is selling mobile homes and spaces in parks) painted the interior they operated the air conditioning...

03/09/2009 | Category » Contracts  State » AZ  #15494
Contingency Contract on a home after divorce

We have a legal separation with final divorce in November. Our home is on the market. I would like to sign a 'Contingency Contract on a home that I would like to purchase, can I do this?

03/10/2009 | Category » Contracts  State » ALL  #15508
Is a contract for a credit card legal in Michigan or Florida if the customer is mentally retarded?

Is a contract for a credit card legal in Michigan or Florida if the customer is mentally retarded? If yes, is their a cutoff IQ or other variables?

03/11/2009 | Category » Contracts  State » FL  #15559
How can I ensure that a company is reputable and not a scam?

I am considering investing $3500 for a three-day training to become a 'government supply specialist', someone who finds companies to fulfill procurement needs by the federal government. I then supposedly include a profit margin of 5-20%. the company is named 'B2G Institute', out ...

03/16/2009 | Category » Contracts  State » MA  #15651
Termination of Sports Club Contract

I have signed a membership agreement with the Las Vegas Athletic Club sometime middle of 2008-for how long I don't know because they did not provide me a copy. I asked them to terminate my membership because I could no longer pay the monthly fee of $22.00 because I lost my job....

03/17/2009 | Category » Contracts  State » NV  #15665
Is an electronic signature legally binding?

I placed an order for gold coins with company 'A' in California and signed a contract via electronic signature. The actual shipment came from company 'B' in California (shipping label) which I had not heard of before. There was a problem with the coins and they were returned the ...

03/18/2009 | Category » Contracts  State » FL  #15679
What can I do if the attorney I hired to represent me passed away?

I hired an attorney who charged me $4500.00 to represent me in a DUI matter. This charge was a flat fee from beginning to end. He appeared in court a few times and postponed until a further date. I did not realize he was dying and had another attorney not in his firm appear. He...

03/19/2009 | Category » Contracts  State » CA  #15693
Can the check company sue me for my stop payment since they paid the check before hand?

I went to Volkswagen car dealership in Queens New York back on September 2nd 2006 wanted to lease a VW but the final paper work was not completed because the car alarm was not installed. I broke down the deposit in two transactions, a $2,000.00 in credit card payment and a check...

03/23/2009 | Category » Contracts  State » NY  #15727
What can I do to take someone's name off the registration?

I added a friend to my new truck, he is 1/2 owner but I paid cash for the truck. What can I do to take his name off the registration? Also, I can prove I paid for the truck he did not pay one penny for it.

04/04/2009 | Category » Contracts  State » CA  #15878
What are my rights if the customer violated the contract for work?

I have a customer that I have done renovation work in the past and had no problems with price agreements. This particular project I am currently working on has become dragged out too far. She has had other contractors give their opinion. I was asked to wait for her to make anothe...

04/04/2009 | Category » Contracts  State » NY  #15885
Can the employment agency charge me for a previous job 5 years ago?

I signed an agreement with an employment agency back in 2003 stating that I would pay the fee if the employer would not pay the fee. I didn't find a job through them back then, but became unemployed in 2008 and starting working with them again. I did just land a position and the...

04/14/2009 | Category » Contracts  State » OH  #16011
How to end an Informal Operating Agreement and prevent entitlement to future ventures

I formed an LLC with 2 others. We drew up an informal operating agreement by hand together and signed it. They had rights to 34% of my profits on any new venture I was to do in the future. I wanted out 14 days later. They wouldn't let me out at first, but eventually I got out. Al...

04/27/2009 | Category » Contracts  State » ALL  #16170
We need a waiver to protect us in case of an accident while the contractor is repairing the roof

We are hiring a contractor who has no insurance to work on our roof. We have no homeowner's insurance. The contractor has agreed to sign a waiver to protect us in case of an accident while he is working on our house. Will this protect us in the event that he is hurt on the job? ...

04/27/2009 | Category » Contracts  State » ALL  #16199
How do we collect money from another business that owes for equipment?

We have a signed and dated Purchase Order for equipment we sold Wings etc in Fort Wayne - The quote was for a little over $107,000 and he gave us $50,000.00 down leaving a balance of $57,000. Now he doesn't want to pay us because his contractor did a little bit of work that he th...

04/28/2009 | Category » Contracts  State » IN  #16248
Can I just give the timeshare back and not face any penalties?

I was given a timeshare. I paid half of it. I have since I've been under alot of heavy medications for pain and PTSD. Unable to perform daily routines (physical and mental) the company added very high late fees which I can not afford. Can I just give the timeshare back to them?

04/28/2009 | Category » Contracts  State » ALL  #16327
Does the seller have liability to return my original investment if I did not qualify?

I purchased restricted stock from a publicly traded company in the amount of $130,000. After the transaction was completed I was informed that there were income and net worth requirements by the SEC that were not disclosed to me by the seller. These requirements would have prev...

04/28/2009 | Category » Contracts  State » ALL  #16331
What are my legal options for returning money paid towards purchase of an owner finance home?

I sold a house, via owner financing 6 years ago with the stipulations this person, a good friend (and still is), would obtain permanent financing within 2 years. My friend could not obtain permanent financing, so he has been making payments to me for the past 6 years. For the mos...

04/29/2009 | Category » Contracts  State » ALL  #16420
I cancelled the contract but the monthly fee was still withdrawn from my bank

In 2004 I went to Curves. I signed a paper to take money out of my account but in early 2005 I told them that I could not come back because my husband was not working and I did not have the money. She said after a year it was on a month to month payment. I have had a lot of stres...

04/29/2009 | Category » Contracts  State » ALL  #16431
How can I ensure I am paid my builder's fee if there is only an oral contract?

I'm in the process of building a house for a man on a cost plus basis. We only have a oral agreement on payment the job will exceed 300,000.00 dollars. I'm charging him 10%. I live in Texas and now I'm worried because I did not draw up contract but all monies to pay sub's are wro...

04/30/2009 | Category » Contracts  State » TX  #16476
Is there a form to make sure the logging contractor is responsible for any damages he may cause?

I have a logging contractor coming in to remove some tree's that are very close to my house. Is there a legal form I could use to make sure he would be held responsible for any damage to my house, garage, septic system and out buildings? I would like to find a form I could downlo...

05/04/2009 | Category » Contracts  State » ALL  #16543
What is the usual fee for having lyrics translated from one language to another?

What is the percentage that we pay for having lyrics translated from English to Portugese?

05/15/2009 | Category » Contracts  State » CA  #16683
How can I fight the HOA for rising condo fees?

I have a condo in a resort that I totally own. The board has made it almost impossible for me to continue to afford the monthly condo fees as they have raised them higher than a regular mortgage would cost. Is there anything I can do to stop this? The condo is in Oregon.

05/16/2009 | Category » Contracts  State » CA  #16688
Can a seller cancel a purchase offer based on contingency if they get a better offer?

Can a seller go back and cancel a purchase agreement if the seller gets a better offer than the one on contingency from buyer?

05/30/2009 | Category » Contracts  State » NE  #16829
What are the requirements to sue in small claims court?

We hired a reccomended mover when we moved 15 miles to a new home. During the move a number of items disappeared and a $10,000 work of art was badly damaged. We told the mover we were only going to pay $1,000.00 of the $3,500.00 bill until we sorted this all out, 2 days later we ...

06/08/2009 | Category » Contracts  State » SC  #16893
Can I Bill My Franchisor For Time in Preparing Bid?

I OWN A LAWN CARE FRANCHISE. THE FRANCHISOR HIRED A SECRET SHOPPER TO REQUEST A LAWN CARE QUOTE FROM ME LOCALLY. I SPENT 1.5 HOURS DOING THE QUOTE ONLY TO FIND OUT LATER THAT IT WAS A SET UP TO SEE IF I PRESENTED MY QUOTE IN THE FASHION THEY WANTED. I BILLED THE LADY FOR MY LOSS...

06/23/2009 | Category » Contracts  State » NC  #17153
What is the Statute of Limitations for Breach of Contract in Ohio?

I received a letter from a doctor's office stating that they had conducted an audit and found an unpaid bill. The date of service was 15 February 2005. Am I still responsible to pay this bill? I live in Ohio.

06/30/2009 | Category » Contracts  State » OH  #17272
Is the payment to a surveyor at the time of land purchase considered a Fee?

Is the payment to a surveyor at the time of land purchase considered a Fee?

07/11/2009 | Category » Contracts  State » WV  #17484
What is the legal term for passing legal documents through the hands of potentially hostile person?

There is a legal term for passing legal documents through the hands of potentially hostile or incompetent individuals in sealed envelopes by passing Directly from legal rep hands--_ hostile/incompetent individual hands --_ final recipient hands. Since these documents were in the ...

07/23/2009 | Category » Contracts  State » CA  #17716
Do I have to repay my ex-girlfriend for the gift of a motorcycle?

I have a motorcycle that was purchased for me by an Ex. I have title and vhehicle in my possesion. She is now wanting a payment for vehicle that has been in my posesion for over 1 year. Do i have to pay her, and if i do can i just give her the motorcylce back. The cost of the Mot...

03/10/2012 | Category » Contracts  State » FL  #25629