Pennsylvania Breach Of Contract Legal Questions

Contracts are only effective upon what is known as substantial consummation.  Simply signing a proposal doesn’t obligate you to proceed with that contractor.  However, if the work began, the contractor would certainly be entitled to payment for the work performed. I trust this answers your question, and if you live in the Delaware Valley, feel free to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

Generally, agreements regarding a transfer of real estate must be in writing pursuant to the Statute of Frauds.  However, since your oral agreement only regards improvements, etc., you may have an enforceable claim under a simple breach of contract or a quasi contractual theory, unjust enrichment.  Fortunately, the Pennsylvania Superior Court recently held in favor of a party on a similar fact pattern.  The case is not published but may be found by searching Wilson v Parker Pa Superior Court 2020.    Please note that having a claim for damages doesn’t give you an interest in the property or a right to live there.  To the contrary, she can legally evict you.  However, if you successfully obtain a judgment, the same will act as a lien on the house so that she will be unable to sell or refinance without satisfying the lien. I trust this answers your questions and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis.   Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com  ... Read More

If you never signed the contract, there is no consideration for the deposit.  Accordingly, I believe the same should be refunded.  But your question asked whether it would be voluntarily and no one can know that. I trust this answers your question, and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis.   Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

It certainly sounds like a breach of contract occurred.  However, lawsuits are time consuming and expensive.  My strong advice is to consult with an attorney about trying to resolve the matter, amicably. I trust this answers your question, and if you are in the Delaware Valley, do not hesitate to call or email on a free initial basis.    Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

Anyone can be sued by anyone, the question is whether the claim has merit.  There's no way to determine whether your NDA allows you to be a consultant without reading the contract, and even if it does prohibit consultancy such a clause may not be legally enforceable.  Restrictive covenants in employment are viewed skeptically, and generally are not enforced unless the employer can show that they are no broader than is necessary to protect the employer's legitimate business interests... Read More

You can certainly sue for breach of contract and recover the amount you have to pay someone else to get the work completed, but it is not certain tha tyou would be able to recover anything for the lsot tenant as these damages are not direct but consequential, i.e. damages that owuld not necessarily flow from the breach in every situation but did flow from the breach here.  It is difficult to recover consequential damages.  Many contracts specifically prohibit.  Assuming that yours did not, your right to recovery them is likely going to depend on whether the contractor knew that its failure to perform the services contracted for would lose you the tenant.... Read More

You have a claim for breach of contract, and should probably seek out an attorney who's experienced in dealing with esate matters.  Promissory estippel can create a contract in the absence of consideration (normally a requrement to create an enforceable contract).  It sounds as if you provided consideration by taking care of your grandfather in exchange for a promise of 1/3 of the proceeds of the house, but if consideration is a problem, promissory estippel may get you past that hurdle if you can show that you detrimentally relied on your grandfather's promise, but you have other problems.  Depending on the totality of circumstances here, unless you have proof of the ocntract other than your own testimony, you will probably have problems with the dead man's statute (which prohbitis an interested party from testifying to a transaction they had with a now deceased person, because the decedent is not able to rebut it) as well as the Statute of Frauds (which requires that certain types of contracts be in writing to be enforceable).... Read More

With this amount of money involved, it really isn't feasible to get an attorney involved.  I'd suggest that you be more goal oriented.  Have someone else complete the work, pay for it and get your policy back.  Getting your policy back should be your #1 priority.  Fighting with the prior contractor is probably not going to be the quickest way to solve your problem.  If you've been threatened with physical violence, call the police and report it.  ... Read More

Barring other factors which are not mentioned in your email, there is no reason why a party with whom you've contracted can't ask you to sign a new contract more favorable to them.  If you refuse, the old contract remains in effect until it terminates, which can either be at the end of the contract's term, or upon any event that terminates the contract.  For example, if the contract is terminable at will or provides that it can be terminated upon 2 weeks notice, then the other party can terminate it or give you that 2 weeks' notice, terminate the contract, and the other party would then have no obligation to engage you again.  ... Read More

if you applied for a loan and made it all the way to the closing, something must've gone drastically wrong at the closing table. I think there's more information here.  It is just so unlikely that you'd make it to the closing table and the loan would fail at that late time.  ... Read More

I don't understand what the problem is here.  They offered to reinstate your insurance.  Is the amount that they requested more than what you would have paid had they continued withdrawals from your account?  I don't understand why you are without insurance in this matter.  ... Read More

If you paid with a credit card, why not call your credit card company and see if they'll reverse the charges?  They may have a dispute resolution process.  If that doesn't work, then you can file a claim with your local magistrate.  The problem is collecting if you get a judgment, especially if the company is not in Pennsylvania.  I'd try the credit card company and see if that will work for you. ... Read More

Unless your contract (or a statute, like a mechanic's lien) provideed for it, you can't impress a lien on the debtor's property until you obtain a court judgment that she owes you the money you claim.  You must sue her for breach of the  loan contract.  When you win and get a judgment, you will be able to utilize a variety of collection devices to collect on the judgment, including placing liens on her assets (e.g. the condo) and foreclosing on them.  Of course, if she has no equity in the condo, and no other assets to pay back the debt, you may not be able to collect anyway.... Read More

If you borrowed money, signed an agreement and have not paid according to the agreement, you can certainly be sued.  Whether anyone else can be sued could be answered more specifically after the loan agreement is reviewed. Your husband is not liable for your debts automatically because you are married.  It is possible that you alone gets sued for breach of the agreement. ... Read More

It would generally not be cost effective for you to hire an attorney to represent you in a small claims matter, but I really wanted to write you to warn you that any provision in your contract that you can obtain a $100,000 judgment if the other party doesn't pay you some $5000 is (without knowing all the circumstances) likely unenforceable as a penalty.... Read More

You can have an enforceable verbal agreement to purchase the seller's interestin the business.  The facts and circumstances of your dealings and the actions that all of you engaged in will dictate whether you can enforce the alleged agreement.  You should speak with an attorney right away to share the details and get an assessment of your chances of success. ... Read More