Business Litigation Legal Questions

You have some options. The first thing to do is to find out whether it is covered by a state Lemon Law. If so, then the dealer may have an obligation to replace it or give you a refund. You have other options as well, including simply suing under the warranty. An attorney can advise you.  ... Read Answer

Rather than immerse your self in technical legal labels, consider that in the absence of an agreement limiting warranties -- which it sounds as if you don't have -- a contractor impliedly warrants that his work will be done in a workmanlike manner. That warranty was breached here. The concern you then have is whether the statute of limitations has run on this claim, which it has not. (Your "latent" label addresses when the statute of limitations would commence to run if you hadn't discovered the defect until after the "regular" statute of limitations had run; you don't need to go there.) Just get the defects properly documented and sue for the cost of repairs.... Read Answer

 Under NRS 116.31144, the Board of Directors of the HOA is required to cause the financial statement of the Association to be annually reviewed and/or audited (depending on the HOA Annual Budget).  Pursuant to NRS 116.3118, the Association shall keep financial records sufficiently detailed to enable the association to comply with NRS 116.4109.  All financial and other records of the association must be maintained and made available for review at the business office of the association (or another location in the county) and made reasonably available for any unitowner to inspect, examine, photocopy and audit. Id.... Read Answer

They are not in any way similar. An estoppel certificate is generally used by the buyer of a building or mortgage to obtain assurances regarding other existing tenancies and mortgages on the building. An apostille is a certificate by a federal government official that the notary taking an acknowledgement is authorized to do so. It is used to record or use the document in another country.... Read Answer

Maybe, but you would need to prove that the liquor store did something wrong. Your facts to not establish that the beer you purchased was defective; they merely show that you became sick after drinking beer. Maybe you are allergic to beer. Maybe you acquired a parasite from another source. You can predict that the defendant in any such action will aggressive raise these kinds of defenses. The facts that you are still alive and are not apparently impaired in any way from pursuing your livelihood wil limit your available damages.... Read Answer

The general idea of small claims is that the parties are customarily unrepresented. That is because the claims are small, and lawyers are expensive. Most attorneys will not take a matter unless they can be assured of receiving a certain minimum amount of income from that matter -- frequently thousands of dollars or more. Wouldn't it make more sense to put your scarce dollars into trying the settle the dispute?... Read Answer

Yes, a natural person can make a commercial loan in Texas. Whether the loan is "commercial" in nature depends on the borrower's purpose at the time of loan origination. The Finance Code defines “commercial loan” to mean a loan that is made primarily for business, commercial, investment, agricultural, or similar purposes. The term does not include a loan made primarily for personal, family, or household use. Fin. Code § 306.001(5). Computation of the correct amount owed is a separate issue. Obviously, you have to pay only what you owe. It is not possible to determine from your inquiry whether this loan is of a type on which more than 18% interest may be charged, because you do not supply sufficient facts.... Read Answer

You have some choices, but being provided with a new car and/or getting your trade-in back are not among them, because the defect is likely not going to be considered a "material" defect in the car. Option one: this may be covered by the Arizona lemon law. See http://www.bbb.org/us/arizona-lemon-law. Option two: you can have the car repaired to your liking by a third party and then sue in small claims for the cost of the repair.... Read Answer