Breach Of Contract Legal Questions

Probably not.  I'm assuming you din't record the contract, which means that the buyer had no way to know that you had an interest in the property.  As what is known as a bona fide purchaser for value, the buyer has the right to enforce ithe sales contract.  In other words, since the buyer did notthing wrong, your recourse is against your brother.  You probably can't stop the transacton, but may be able to get money damages from your bother and sister-in-law. An oral contract with your brother to purchase real estate probably would not hold up, since contracts for the sale of real property are required to be in writing.   There are some exceptions where the parties are fiduciaries to each other, and brothers could be considered fiduciaries, but it's a long shot. However, you don't have an oral contract, you have a written contract.  The fact that it was lost does not mean that the contract was in writing, although obviously it will be much harder to prove that you had a written contract if you can't find it, but  there could be ways. For example, your brother may just admit it, and defenda on some other ground.  Or you may have an email between you and your brother referring to the written contract.  Or some other way.  It's a long shot, but not completely impossible.... Read More

Greetings.  It appears you are unhappy with the length of time it is taking a contractor to obtain materials.  In New York, the relationship between a homeowner and a contractor is governed by a written contract.  In the absence of a written contract, the relationship will be governed by the parties expressions.  A homeowner who desires to put a time limit on the progress of work must clearly express such intentions.  In the absence of such clear expression, the contractor will have a reasonable time to perform.  A reasonable time is measured by a number of factors, one among them the length of time it takes to obtain material.  If the material is unavailable through no fault (no unreasonable actions) of the contractor, a premature termination will result in the contractor capable of suing the homeowner for lost profits.  The homeowner should contact an attorney to see what options the homeowner has, such as to request replacement material from the contractor, or obtain the material themselves.  Please contact a good New York attorney today.... Read More

The ovious issue here is  - why are YOU involved? Your son is a grown adult and needs handle his own business with his fiance, where if he is grown enough to live together with someone, he grown enough to deal with the consequences.  That situation and relationship is something you need to stay out of. That stated, there is no means for him to get out of a lease simply because he made a poor choice for a fiance and moved in with her on a lease. Until the lease has expired or the LL and the fiance agree to allow him off the lease, he remains liable. The LL is not responisble for his romantic woes and only cares that the rent is paid. He can always move back in as he is on the lease, BUT thats likely a poor idea for obvious reason. He can also tell the LL about the brother but the result may be that the LL sues BOTH your son and the fiance for eviction because they are both on the lease. If there are concerns of violence, his best bet is to move out ASAP and deal with the finanical consequences later. ... Read More

Greetings.  It appears you are being sued by a client for indemnification or contribution.  When a maintenance company is being sued by a client (or anyone), the company should immediately notify their insurance carrier.  The carrier will determine coverage and provide attorneys on the company's behalf.  If coverage is denied, or the company doesn't have insurance, then the company must hire their own attorneys.  Note, however, if litigation has already begun, best practices dictate that the company should not wait for the insurance carrier to determine coverage and should immediately hire an attorney on their own.  The attorney can always later be relieved by the carrier's assigned attorneys. The importance is that the maintenance company not wait and risk losing any claims or defenses. For example, our maintenance company clients, including snow removal clients, routinely forward incident reports to us before litigation has begun and we in turn forward them to the carriers.  If litigation has already begun (post incident report), we enter an appearance to protect the maintenance company while the carrier is determining coverage.  When the carrier accepts coverage, we continue the representation if allowed or are substituted by the carrier's assigned attorneys.  Please contact a good New York attorney immediately. ... Read More

This is a great question.  Most contracts have a "force majeur clause."  This cause excuses parties from performing obligations when certain unforeseen and unavoidable events occur.  These are known as "Acts of God."  They generally refer to catastropic events, such as an earthquake, a war, etc.  And, your question is whether or not it applies to COVID-19.    There are currently tons of contract and insurance cases in Courts right to determine if the contract should pay the insurance based on whether or not COVID-19 was responsible.  For example, many restuarants purchased insurance policies for loss of business.  The insurance carriers did not predict the COVID-19 shut down, and now they do not want to pay for the loss of business, where they have been accepting the insurance payments from the restuarant for years.   Well, the same applies to you.  It is not your fault nor the venue's fault that your wedding cannot take place.  COVID-19 is an unforeseen event.  In my opinion, the "force majeur clause" should regard COVID-19 as an Act of God.  They probably do not want to give your down payment back, as they have lost so much business, they may not have the funds to do so.   Since this is only a down payment, you would probably qualify to take this claim to small claims court.  Let them know that you plan to sue them for the return of the down payment in small claims court.  If they do not pay you in a timely manner, file the claim in small claims court.  Good luck.... Read More

Hello, It appears you already  filed a small claims lawsuit for breach of contract on a purchase of a vehicle. But you do not say how much is owed.  Small Claims courts limit the amount in dispute to $5,000.00 .  And you  waive any claim for any sum in excess of  $5,000.00 in your current small claims  lawsuit and also in any subsequent  legal proceeding involving the same parties and issues. Here is the Missouri law that decides how much you can recover in Small Claims court:  Mo. Ann. Stat. § 482.315.   Since  you are seeking  the possession of specific personal property, the return of a vehicle, you really need to consult an attorney for advice for  filing an action for return of personal property,  which is called a replevin. This type of lawsuit is filed in another type of court.  Otherwise, if you do not explore all your legal options beyond Small Claims court you may be losing valuable legal rights. This answer should should not constitute and be considered legal advise but general legal information and should also not constitute an agreement to enter into an attorney/client relationship.   ... Read More

The Maryland statute of limitations on breach of contract is 3 yeqrs from the breach, i.e. 3 years from when she first missed a repayment.  If there was no date of repayment specified in your agreement, the Court will infer a reasonable time,and you would have 3 years from that date to bring your suit.... Read More

First, it sounds as if you did everything by the book.  Second, it sounds as if the flipper was trying to scam you.  We you rejected his counteroffer, there was no longer any valid offer on the table.  When the vlipper came back to you with the original offer, you were not obligated to accept his offer, since you rejected the counteroffer. For some reason, I really don't believe this flipper is going to cloud your title.  He knows he has no right to do so.  But, to answer your question, if he clouds your title or theathens to cloud your title, you can tell him that you will take court action to Quiet Title and he will be responsible for your legal fees when you prevail.  A Quite Title action can help clear up issues on a property's title.  You can also tell them that, if you prevail and he doesn't pay your legal fees, you will file a Lis Pendens on one of his flipped properties.  With a Lis Pendens, the flipper will be uanble to sell his property without paying you off.  This will get his attention.  ... Read More

If you had an "understanding" that he would pay you for your services, that is a contract.  Unfortunately, you may have difficulty proving the contract since you have no documentation, and it is hard to believe that, if he was supposed to pay you for your services, you would have stayed 3 months without receiving any pay.... Read More

It is possible there is a cancelation clause in the contract.  An attorney would need to review the contract to be able to best assist you. Please feel free to contact us if we can be of further assistance. Depending on  how the contract reads, there may be options available to you.... Read More

Anybody can be sued for anything, but whether you can have the suit dismissed on statute of limitations grounds depends on when the alleged breach occurred.  For example, you can have a 99 year lease entered into 94 years ago.  If you fail to pay rent in the 95th year, you can be sued.  Your friend could have a claim against you (and both of you would have claims against the friend who never made his payments) for your share of anything he had to pay as one of the co-signers.  HOWEVER, when your friend filed for bankruptcy (I'm assuming it was chapter 7), his assets, including any claim against you, became part of the bankrupt estate and owned by teh bankruptcy trustee.  He no longer owned it, just like he would no longer own a vacation home or other non-exampt property which would be sold and used to satisfy his creditors.  It's as if he had a promissory note which he never let the bankruptcy court know about, and now that he's out of bankruptcy, without having  paid his creditors with the promissory note, he wants to try to cash it.  He can't because it doesn't belong to him anymore, it belongs to the bankruptcy trustee.... Read More

You can include such a provision in your contract, but it's a bad idea.  What's a dishonest statement?  Does the person have to know it was false when he/she made it?  If so, how are you going to prove that the person knew he was lying?  ARe all false statements equal?  What if a person says they will be at an appointment at 3 and they arrive at 3:01?  Is that equivalent to someone falsely stating that they have done repairs up to code when they  haven't?  Do you have to endure 4 instances of such extreme misconduct before you can terminate the contract?  If someone says it will cost $200 and then only charge $100, is that a dishonest statement?  In general, tying a right to terminate a contract to a dishonest statement is too vague.  Better to tie it to actual performance.  Off the top of my head, I think a bettwr way to go is something along the lines of a requirement that the vendor must give at least 24 hours written notice if it is unable to keep an appointment or is going to be more than 15 minutes late and a failure to do so will be considered a material breach of the contract and grounds for termination.  There's no reason to allow a certain amount of screw ups because you can always forgive them if you want, but at least reserve the option to terminate the contract if you want.... Read More

YOu can do nothing. Your father would have to sue your BF, and now soon to be EX, for breach of contract over thge loan. Unless it was a huge amount, it may not be worth the effort and expense. That aside you now know what a liar and dirt bag you were dating for 8 years. Time to rethink that relationship if its not already over.... Read More