Contracts » Breach of Contract Legal Questions & Answers


Category: Contracts » Breach of Contract
What can happen if I am behind on my timeshare payments?

I am in default of several timeshare payments. What is the worst case scenario that they can do to me?

04/06/2007 | Category » Breach of Contract  State » TX  #2729
How can I receive my money on a breach of contract?

I have three apartment complexes that have not given me a check for their property and that is a breach of our contracts. What can I do?

04/13/2007 | Category » Breach of Contract  State » FL  #3064
What is the difference between a technical breach and a material breach?

What is the difference between a technical breach and a material breach? What is the Doctrine of Mutuality?

04/28/2007 | Category » Breach of Contract  State » NY  #3393
What are charges for theft of rent to own mechandise?

What are charges for theft of rent to own mechandise even if you have never been in trouble before.

05/30/2007 | Category » Breach of Contract  State » PA  #6046
What can I do if my hairdresser refuses to give my original hair I paid for back?

I had a hair restoration treatment done. When I returned to have the hair serviced the hairdresser replaced the hair I had with an inferior type of hair. I paid $410 for the hair I had prior to the service rendered. The hairdresser refused to return the hair I paid for. What can...

01/27/2009 | Category » Breach of Contract  State » TN  #15084
What recourse do I have to obtain the good paid for by the fundraiser?

I did a fundraiser with an out of state company. I have sent the company their funds and I have not received products. I cannot reach this company; they will not return calls or emails. I have to give account to the people who ordered the products. What can I do?

01/28/2009 | Category » Breach of Contract  State » SC  #15091
Is my daughter obligated to give back money for couches she sold since they were never picked up?

My daughter sold some couches to another party for $400. They paid for them and asked if we could store them until they got their new apartment. My daughter then purchased a new couch for herself with the money received from the sale. Then the party called and said that they de...

02/03/2009 | Category » Breach of Contract  State » WY  #15139
How can I ensure payment of the elderly patient I care for in my home?

I have been caring for an alzheimer's patient for 6 years. She lives with us in our home. Her guardian/trust attorney has always paid me on the first of each month. He was one month and 7 days late in January 2009 and the February check has not arrived yet. Last month, he failed...

02/08/2009 | Category » Breach of Contract  State » SC  #15193
Can my employer withhold my commission money on a sale that was never completed?

I work for a company that sells appliances to customers and builders. A big company bought a huge amount of appliances for a condo project and management had them on a credit line. I was paid as normal on those sales like all other sales. After about half the appliances had been ...

02/27/2009 | Category » Breach of Contract  State » WA  #15376
How do I collect from my realtor for non-payment of an oral loan?

I purchased a home in California last year. The Realtor asked to borrow part of the commission money prior to closing (about $8,000.00 and that she would pay me the money upon receiving her commission check. It was a verbal agreement. She did not attempt to repay me nor did she m...

02/27/2009 | Category » Breach of Contract  State » PA  #15386
Who is Liable for Payment of Training Contract on Newly purchased dog?

I placed an ad on an internet site asking anyone having a dog that needs a loving home contact us. We were contacted by a person who was looking for a place for her dog. A few days later, we met at a groomer to see him. He was exactly what we'd been hoping for. They had brought...

02/28/2009 | Category » Breach of Contract  State » OR  #15399
Lost Paperwork in Transferring Investment Account Resulted in Financial Loss

Prior to the bank bailouts in September of 2008, I met with a representative and we decided to transfer money I had in a retirement fund to a fixed fund. We were both concerned with the congressional vote the following week. The transfer was to take place prior to the vote. Unfo...

03/01/2009 | Category » Breach of Contract  State » MI  #15403
Petitioner Breaches Paternity Agreement and Confidentiality Contract Terms and Provisions

When a paternity agreement includes provisions of confidentiality, does it become a breach when the petitioner who asked for that provision then turns around and does opposite...? Like TV interviews, public acknowledging paternity, and latest's breach in where father including na...

03/10/2009 | Category » Breach of Contract  State » ALL  #15520
Does a person have to abide by a verbal agreement

A pre trial hearing was set, I was the defendant in this case. The plaintiff was trying to get money back from me, for money he gave me as a down payment on a home. We had come to an agreement before the trial and we agreed the house was to be sold and we would split the proceed...

03/12/2009 | Category » Breach of Contract  State » ALL  #15586
Is my Contract Valid if possible Fraud was involved

I was sold a trip that included purchasing first class frequent flyer miles and one week at a time share. After giving our money, I later learned that it is considered an act of fraud to buy frequent flyer miles from an individual. This is something that I did not know previous ...

03/12/2009 | Category » Breach of Contract  State » ALL  #15589
If a company hires a contractor to work on your home is the company/employer liable for faulty work?

If a company hires a contractor to do work on your house, is the company (employer) responsible for faulty work? Parents have home that was new. Home company hired contractor to set up. Massive mold damage due to faulty set up Who is liable? State is inspecting home. Should we g...

03/17/2009 | Category » Breach of Contract  State » FL  #15659
How do I sue for Breach of Contract for my Broker's Commission?

I have a real estate listing with a 5% commission, 10% lease commission. I procured a lease to purchase contract, one year, rent $700 month. Sat with tenant/buyer and seller/landlord, negotiated terms drew up contracts. The seller told the buyer to go ahead and start moving in. H...

03/18/2009 | Category » Breach of Contract  State » CO  #15675
What is the correct processto end a contract with a 3 year auto renewal clause?

I'm part of a contract with a Diehart home monitoring company here in Naples, Florida. The original term of the contract was (3) yrs with a auto renewal clause in the agreement. I'm in year 5 of business with this company and now want to terminate my dealings with them. They tell...

04/10/2009 | Category » Breach of Contract  State » FL  #15945
Am I responsible for payment on work that was not completed or done correctly?

I hired a computer consultant who did not complete the work in a timely fashion and what was done was not usable. I had to hire a different company to complete the work. The first consultant demanded a check for work completed at 10:30 pm when we asked him to leave our office....

04/20/2009 | Category » Breach of Contract  State » GA  #16061
Would my company be in breach of contract if we asked for a release of exclusive rooms being held?

My company is a travel agency, which has many exclusive rooms of hotels. Due to the bad economic situation, we want to release the exclusive rooms to the hotels. But we may have to pay a penalty. Should we pay the penalty or is it possible to reduce the penalty?

04/23/2009 | Category » Breach of Contract  State » HI  #16111
Is the church entitled to return my money for the unusable burial plot I paid for?

If a cemetary lot I puchased is probed and determined to be unusable for any interment (including cremated remains in urns, does the metary have to provide a free replacement lot?The church's position is that since the other grave we purchased was determined to be suitable for tw...

04/26/2009 | Category » Breach of Contract  State » PA  #16134
How do I file a lawsuit against someone for a personal loan?

A man owes me $18,500. I have his note, evidence of payments, evidence of demand for payment, evidence of default. What form do I use to file a lawsuit and obtain judgment?

04/27/2009 | Category » Breach of Contract  State » ID  #16140
What to do when a business breaches the contract?

I own an Executive Search Firm that is owed a fee of $10,000 for the placement of a candidate. How can I collect my fee from this company who does business in PA? I have made my formal demand via e-mail, US postal and left messages. I have also confirmed payment was received for...

04/27/2009 | Category » Breach of Contract  State » ALL  #16166
Is the schoool obligated to send my daughter's transcript if there is a balance owed for tuition?

My daughter did her 9th grade in a private christian school in Tujunga, I pulled her out of that school because it was very unorganized. The teacher will put movies on and fall asleep in the classroom. Payments were not kept very current, now she is going to a different christian...

04/27/2009 | Category » Breach of Contract  State » ALL  #16190
What are the requirements for a breach of contract?

I am selling a motorcycle for $3,850.00. The buyer leaves $200.00 to hold the bike for one week. A written receipt was drawn up noting exchange of monies. The verbal agreement was for bike to be picked up on said date (not documented). The buyer calls & leaves message stating...

04/28/2009 | Category » Breach of Contract  State » ALL  #16254
How do I place a lien on a property that I have funds inveseted in?

How do I sue to put a lien on a property, I live in the property and have invested $80,000 in agreement that I will purchase it after 1 year. Now 4 years have passed and I am ready to purchase, but the owner will not sell it to me, he refuses to give me a note saying that I have ...

04/28/2009 | Category » Breach of Contract  State » MA  #16285
What action can I take when a contract has not been honored?

I am a native artist, I had an agreement with a company who wanted to use a art piece for a calender and the company paid me $300 dollars for the use of the art piece. The problem I have now is that they think they own the art piece, and in the begining I told them that I couldn'...

04/29/2009 | Category » Breach of Contract  State » ALL  #16457
What canI do if I believe my realtor still owes me money from the sale of my home?

I was divorced in late 2000. In our settlement for the home, I was to get 25% of the first $80,000 of equity and 50% for remainder. It was to be based on realtors appraisals. I lost my job and was behind on mortgage and we went into the buyout and the amount given to me was far...

04/29/2009 | Category » Breach of Contract  State » ALL  #16460
Do we still accept rent on tenants who have been served with eviction and are waiting on court?

Our tenants violated their lease and have been served by the Las Vegas Constable. We have a court date on May 11, 2009. They sent a rent check anyway for May that we told them we will not cash, but hold until court so the judge can tell us what to do. Tenants refuse to give us a ...

05/04/2009 | Category » Breach of Contract  State » NV  #16568
Can I sue the repair shop for not returning my car in a timely manner?

A repair shop has taken 9 years to restore an auto. They said it was finished on 3/20/09, and also said that I owe additional cost but won't tell me how much. It has been two month waiting on a final bill. I believe that a over cost is occuring. The repair shop doesn't want to g...

05/07/2009 | Category » Breach of Contract  State » MD  #16605
Is the insurance company responsible for compensating me for milage on my car while it was stolen?

I bought a vehicle from an individual on 2/15/09. On 2/16/09 I went back to get the vehicle and it had been stolen. On 2/17/09 I did a police report. On 5/11/09 I was told it is impounded in a city about 500 miles from me. The vehicle had 183,000 miles on it when I bought it, My ...

05/15/2009 | Category » Breach of Contract  State » MS  #16678
What are the rules of consignment sales in California?

I purchased a china cabinet from an antique store, but before it was delivered (or my check cashed) the store managers discovered that the owner of the cabinet had already sold it to someone else. That person had also paid for the cabinet. However, the owner refuses to pay the st...

05/17/2009 | Category » Breach of Contract  State » CA  #16695
What can I do legally if I payed for a service that has not been provided?

I ordered a dress for my granddaughter via the internet with a company the specialized in the type dress that I wanted. I followed the companies requirements and sent a cashiers check for $270.00 in mid-April to the woman's address she provided. She has since been very vague ab...

05/20/2009 | Category » Breach of Contract  State » TN  #16734
How would I end a contract for a competitive sports team for my 11 year old?

We signed a contract for a competitive sports team for my 11 year old. The financial agreement was for $80 per month for 12 months. After two weeks of practice we realized that this is not the team for us. Several things were promised but not delivered (ie all star experienced...

05/27/2009 | Category » Breach of Contract  State » VA  #16797
Do I legally have to return the down payment money to my ex since he has decided to move out?

My fiance and I purchased a home together. We each put money down as a down payment. My name alone is on the title, however we both signed for the loan. My fiance has since moved out. He is taking legal action against me for the return of the down payment. A rental agreement w...

05/29/2009 | Category » Breach of Contract  State » NE  #16824
Is an unauthorized altered contract automatically null and void?

Is an unauthorized altered contract automatically null and void? A contract was entered and the other party changed the content of the contract and forged my initials before recording it at the court house. I need to know if this contract is now null and void automatically?

06/08/2009 | Category » Breach of Contract  State » AR  #16892
Has the legal defense of 'reliance' had success in defending a contract dispute?

My firm agreed to pay me a commission structure and when it came time to pay me, changed my status to what they call 'home office bonus eligible' so they could argue that I'm to be paid like all my bosses, zero. As a series 7 registered employee, I am required to use an arbitrati...

06/11/2009 | Category » Breach of Contract  State » NY  #16933
Can I Rescind a Rental Contract for Realtor's Failure to Properly Measure The Premises?

I currently reside in Ohio and signed a 1 year lease on 6/10/09 for a condo in California (CA Assoc Realtors Residential Lease Month to Month Rental Agreement)to begin 7/1/09. I was represented by a Broker California. I had trusted her to be 'my eyes and ears' (her words and su...

06/18/2009 | Category » Breach of Contract  State » CA  #17052
How do I get damages for poor repairs and delay by mechanic shop?

My husband is in the marine corp. We relocated to California in March of this year. We have a legal situation that we need advice on. My husband has a 1968 muscle car and he drives his muscle car to work everyday, but it has broken down on him a couple times. So he took it to a ...

06/22/2009 | Category » Breach of Contract  State » CA  #17130
Is the Person Liable for Payment if she Cancels and I Perform After Cancellation?

I am a Professional Home Inspector starting my 17th year in the business. Last week a woman ordered a home inspection over the phone for her son. The date of the inspection and the fee were agreed upon, and since her son could not attend the inspection due to his job, the contr...

06/23/2009 | Category » Breach of Contract  State » WA  #17149
Can A Builder Charge for Changes Without Homeowners Consent if Consent is Required by Contract?

If a contract between a builder and owner states all changes or upgrades must be agreed upon and in writing by both parties, and the builder decided to upgrade the house (by $24,000) without consent, is the owner liable to pay the increase?

06/29/2009 | Category » Breach of Contract  State » TN  #17234
How Do I Claim a Breach of Contract for Dating Services?

I am suing a match making company in small claims court for the $7500 they charged me for a personal search. They promised 18 introductions in 18 months. I received 1. What part of the civil code can I refer to in court regarding breach of contract or some kind of professional...

07/22/2009 | Category » Breach of Contract  State » CA  #17705
Am I Liable if Settlement Statement is Higher than Estimate?

I am a seller of a home that was under contract. As the seller, I was going to have to bring money to closing. The closing date was July 10, and I did not receive a settlement statement until July 13. When I received the settlement statement, I realized that my agent had made an...

07/25/2009 | Category » Breach of Contract  State » FL  #17797
Can I Get Out of a Contract if My Business No Longer Can Afford to Provide the Service?

I signed a 'memo of understanding' with another owner of a corporation (corp to corp) for a two year contract for support management services; which said, 'cannot be canceled for any reason'. My corporation, due to financial losses, cannot continue to service the monthly agreed a...

03/29/2010 | Category » Breach of Contract  State » CA  #21594