Georgia Contracts Legal Questions

Since the mistake in the original contract appears to be an obvious typo, I don't think it would affect the validity of the contract which, barring any other problems, would be enforceable.  The other party cannot force you to sign an amendment.  However, that doesn't mean that the other party may not take the position that the original contract is invalid, and that, absent a signed amendment, there is no valid contract.  If so, you may have to go to court to resolve the dispute.... Read More

No.  I'm not sure whether this person notarized your signature or the other party's signature, or both, but either way there is no problem with the notary's relationship with the other party.  The notary is merely attesting that the person whose signature purports to be on the document actually signed it.  It is the validity of the signature which is important, not who notarized it.  At any rate, you've just admitted that you signed the contract, so if your question involves your signature, obviously the notary did nothing wrong.  Your signature, i.e. the signature of the party trying to claim that a contract is no good, is generally the important one, often the other party's signature is not even required.  However, assuming it was in this case, are you claiming that the signature is not valid?  In that case, its possilble that a Judge or jury will be less likely to believe a notary who has a relationship with the signer than one who doesn't, but I wouldn't count on it.... Read More

You are not obligated, and you haven't set forth what you will get in return, e.g. will the other side agree not to sue you for breach if the information bears out what you have told them.  However, ut if you don't agree to the other side's request, you will be in breach and face the consequences of that.  Moreover, in any proceedings to enforce the agreement, you would likely be compelled to disclose the information anyway.... Read More

Unless the lease provides otherwise, which I very much doubt, the leasing company can assign their interest in the lease to anyone they choose.  It is just like if I give you a check for $200 to pay for a bicycle I bought from you, and you then sign the check over to your brother to pay a debt you owe him.  Your brother can cash the check the same as you could; I would not have to write a new check.  In this case, the new owner would have the same right to enforce the lease as did the old, and would not need any new paperwork.... Read More

If the lender has loaned you money which is secured by the vehicle, it has the right (and this is set forth in your loan agreement - the lender would not have loaned you the money if you had not agreed to this) to insist that you maintain sufficient insurance so that its interest in the car is protected.  HOWEVER, you say you have had the car for 3 months.  Normally, the lender would require proof of insurance before loaning the money, which would mean that the lender agreed to the loan even after knowing what your deductible was.  Arguably, therefore, it has waived the right, or is estopped from, insisting on the lower deductible.  HOWEVER again, if the lender insists, it will cost you far more to fight than to pay the higher premium, and may affect your credit.... Read More

The fact that you no longer have the paperwork doesn't mean you don't have a contract, it just makes it harder to prove the contract, but it appears that you have plenty of other evidence to prove the existence of the contract.  Contracts for the sale of goods over $500 normally have to bein writing, but you had a writing, so you should be able to overcome that hurdle.  There may be some dispute over the amount still owed, but the original paperwork wouldn't help you with that anyway.  A lien would certainly be strong evidence that your friend owed you money for the car.  I'm not sure you would have any claim to repair costs, but you certainly can sue for the amount your friend still owes.  After you get a judgment, you may be able to have the car in order to get the judgment fully or partially paid.... Read More

If the facts are as you state them, you would have a good claim against the insurance company.  However, I doubt the insurance company would make such a stupid mistake.  Are you sure that your father didn't change the beneficiary of the policy and/or take out a new policy making his new wife the beneficiary?  If so, I do not believe that you would have a valid claim.  In many states, current spouses (unless they have signed an agreement to the contrary) have interests in the assets left behind by their deceased spouses (including not only the estate but also other assets, such as insurance policies, certain types of trusts, etc.) from which they can't be disinherited.  However, although I don't know specifically about Georgia law, I am not aware of any state which affords such rights to children.... Read More

Yes, citizens of different countries contract with each other all the time.  In such cases, the parties would be wise to include provisions in the contract spelling out which jurisdiction's law is going to apply to the interpretation and enforcement of the contract, and where a lawsuit for breach of the contract can be brought.... Read More

Please be advised that I do not practice law in Georgia. I have an inactive license in georgia.  I am attorney in Florida. What agreement did you enter into whether it be written or oral for the the repair or to determine what was wrong?  If there was no agreement as to what you would pay them, under Florida law they would have to sue you for quantum meruit, meaning they could sue you for the value of their services.  Since they did not provide any value to you you do not owe them for the work.   Whether you have a cause of action against them for tearing up your bath is more difficult since you do not know what was causing the problem which they were to fix.  If you have an expert who would testify that the problem was was easily determine and what they did was unnecessary I do not know that you would have a cause of action for your down stairs bath.   You should consult a Georgia attorney,      ... Read More