Nevada Contracts Legal Questions

Each case is unique, so do not substitute this as proper legal advice. First, congratulations on your upcoming marriage.  Second, try to resolve it by contacting the location (asking for a refund or to move the date).  Third, if you put it on a credit card, contact the credit card company.  Fourth, if all else fails yuo may have to proceed with a court case.  Considering everyone is trying to assist each other during this time (Covid-19), no one wants to have a bad reputation.  Hopefully, they will resolve it with you. Proper legal advice is always important, so do not interpret these comments as giving you proper advice because I am unaware of all of the facts in your particular case. Stay safe and healthy!  ... Read More

Your investment in a corporation (you mention the largest shareholder, so I'm assuming the "company" is a corporation) is separate from your employment by that corporation.  Absent a contract which limits the reasons for which you can be fired, you can be terminated from your employment for almost any reason.  Termination of employment, however, would not divest your 18% ownership stake in the corporation (again unless there is a contract providing otherwise), and you would still have the shareholder rights you had before you were fired, for example to a pro rata share of dividends.  Nor are you entitled to get your investment refunded because you are no longer employed by the company (again unless there is a contract providing otherwise).  An investment is not a loan; there is no guarantee that you will ever get it back, you just hope the corporation does well so that the value of your stock goes up, and so you can receive dividends.... Read More

With limited exceptions, an unconditional gift (i.e. I give you the phone absolutely w/o any conditions v. giving you the phone "as long as you keep your g.p.a. above 3.0" or "as long as we are together") is irrevocable.  The main exceptions are gifts given in contemplation of marriage, and gifts given in contemplation of death (i.e. I give you my house believing that I'm about to die from a gunshot, but the doctors save me). ... Read More

You can be sued (anybody can be sued for anything at any time), but it is likely that you could get the case dismissed as barred by limitations.  Although I'm aware of no statute of limitations for breach of contract that runs more than 6 years (I don't know Nevada's statute, but I'm confident it is no more than 6 years), the period runs from the date of the breach, not from the date of the contract.  When was payment due?  Also, limitations periods can be extended under certain circumstances, although you've mentioned nothing in your email that would provide a basis for such an extension.... Read More

No "big company" would sign something like that, as they would have their attorneys review the proposed contract before signing.  If someone was silly enough to sign a contract they didn't read or didn't understand, however, it is possible that they could be incurring obligations they didn't realize were in the contract.  Something as blatant as what  you are suggesting would probably not be enforced, but something like, for example, a provision providing that you would receive no refund if you cancelled an appointment unless  you provided a week's notice of a cancellation, might be.  Always read any contract you sign, and make sure you understand it. ... Read More

What does your contract say?  I doubt that it provides that the dealership will forgive the overage if you buy the car, but you should check to make sure.  However, even if the agreement does not so provide, you may be able to negotiate such an agreement.  Offer to buy the car, but only if they forgive the overage.... Read More

Would your wife be able to commit perjury?  I guess so, but I wouldn't advise it.  The penalties for that crime are a hell of a lot more severe than being stuck by a bad deal. If you signed the contract on your own individual behalf, you are personally liable on it, regardless of whether you own the business.  If I buy you a car, I'm liable on the car loan or lease, even though I'm not using the car.  If you signed the contract on behalf of the business (assuming that it is an independent entity, like a corporation) or on behalf of your wife, it or she is liable on it.  Even if you really didn't have actual authority to sign on its or her behalf, it appears from what you've written that you had apparent authority to do so.  When a principal puts someone in a position so that it appears that that person has authority to act for the principal, a third party is entitled to rely on it.  For example, if I leave you behind the cash register in my store, any customer walking in is entitled to rely on your authority to complete transactions, even if you change the prices of the merchandise and I didn't authorize you to do so.  I can sue you for any loss, but I have no right to go after the customer. The ad people will go after everybody they can, but if you signed as an agent for either the business or your wife, rather than in your individual capacity, you are not personally liable. BTW, how can she be your wife if you don't have a marriage license?... Read More

You have not specified the basis for your tenancy, but we will presume that it is a month to month tenancy. The Landlord's Notices are not entirely correct in form. In a month to month tenancy, the Landlord must provide you with thirty (30) calendar days after service of the notice to vacate and leave the rental unit where the tenancy is not week to week. NRS 40.251(1)(a)(2).  There is an exception if a tenant is 60 years of age or older or has a physical or mental disability, the tenant may request to be allowed to continue in possession for an additional 30 days [or 60 days total] by submitting a written request for an extended period and providing proof of the tenant's age or disability.   The 5-Day Notice that you indicate was served simultaneously is actually to be served at the end of the 30 day period pursuant to NRS 40.254 and is premature at this time.  At the end of the 30 day period (for example February 1, 2014 if you were served at the outset of January 2014) you would be responsible to have vacated the Subject Property.  If you have not vacated the Subject Property, then the Landlord could serve the 5-Day Notice pursuant to NRS 40.254 and seek summary eviction thereafter. ... Read More

While this is highly irresponsible conduct by the Park Manager, you have not explained what damages you have suffered which would make this actionable in court.  You should send the Manager a cease and desist from spreading further lies and set the record straight.  However no further action (including litigation) sounds necessary.... Read More

The general rule of construction is that provisions in a contract are to be construed as being consistent if at all possible.  However, these clauses don't seem inconsistent to me.  The first states that seniority will only be used as a basis for qualifying for the benefits provided for in the agreement.  The second says that seniority will continue to be accumulated as it was in the past.  In other words, if Jack is senior to John based on the methods of calculating seniority used in the past, he will continue to be senior going forward.  However, that seniority is only a basis for qualifying for the benefits set forth in the agreement, and nothing else.  The contract says nothing about grandfathering past benefits offered to those with seniority. ... Read More

If your father forged a settlement check and received proceeds which were not his, you would have recourse as against your father.  As for the attorney, you would have to prove that the attorney knew (or should have known) that the settlement check was forged when presented to the attorney in this matter.... Read More

Nevada has no right of rescission period in the purchasing of automobiles from dealers.  However there can be a right of rescission if the financing is never completed in accordance with the contract.  If financing on the vehicle has not been finalized, the dealer may take up to 15 days to arrange financing under the terms of the sale.  If financing cannot be finalized, the dealer then has three options: (a) rescind the sale and require the return of the vehicle; (b) finance the vehicle in-house under the original terms, or (c) ask the buyer to sign a new contract with different terms, at which time the buyer is not obligated to accept a new contract and may return the vehicle.    ... Read More

The answer is: it depends.  Warranties are often adhesion contracts which means that they are construed against the warranty company.  In interpreting a contract, “ the court shall effectuate the intent of the parties, which may be determined in light of the surrounding circumstances if not clear from the contract itself.  A contract is ambiguous when it is subject to more than one reasonable interpretation. Any ambiguity, moreover, should be construed against the drafter."  In your case, if the contract states that the warranty commenced on July 12, 2006 for a period of 7 years (and the mileage maximum has not been reached), you have a stronger claim.... Read More

You have listed a variety of issues regarding this residence, from the duties of disclosure of the Seller/Landlord under a Lease Option Agreement to the standards of care and possible misrepresentations of the Realtor and Inspector.  You should focus your claims on three (3) areas: (1) breach of contract with the parties with whom you contracted; (2) negligence as against the parties with whom you share no contractual privity and (3) misrepresentation if you can prove that any of the foregoing parties made material misstatements to you.... Read More

If you are trading in a vehicle, the dealer is required to satisfy any loan or lien within 30 days. The dealer may have you sign a Power of Attorney or similar document if you do not have the title.  Nevada dealers are required to keep your trade-in until the financing on your new vehicle is finalized (up to 15 days). They must return your trade-in if they offer you different financing terms and you decline to accept the new contract. If financing cannot be finalized, the dealer then has three options: (1) rescind the sale and require the return of the new vehicle (and return your tradein to you); (2) finance the new vehicle in-house under the original terms, or (3) ask the buyer to sign a new contract with different terms. The buyer is not obligated to accept a new contract and may return the new vehicle (and receive his trade-in back).  In that final case, you would pay your original car loan and would continue ownership of your original vehicle.... Read More

This is a typical problem which parties who co-sign encounter.  The answer lies in what was the agreement as between you and your co-party.  If you have agreed to be mutually liable for a debt, then there is no legal rigth per se to be removed from the debt just because you can no longer get along.  You may wish to seek judicial intervention for a declaratory judgment regarding what each of you are responsible to do in relation to the debt; however such a process is an expensive way to simply resolve a difference of opinion.... Read More

An Agreement is binding in the State of Nevada upon execution of the written agreement and performance of the terms of the Agreement.  There are a number of ways to be able to rescind a Settlement Agreement (fraud in the inducement, etc.); however changing your mind is not a valid basis for rescission of an Agreement.  Therefore the better course of action would be for you to examine one of two arguments: (1) the Collection Agency breached the Agreement; or (2) the Agreement is void/voidable due to improprieties by the Collection Agency in inducing you to execute the Agreement. What complicates matters is that your question indicates that you are not merely looking to set aside a contractual agreement but an actual stipulated judgment.  Setting aside a Judgment is more complicated in accordance with Nevada Rule of Civil Procedure (NRCP) 60.  If the Court has already entered a Judgment, then you must file a Motion with the Court under NRCP 60(b), and timeliness is key to your motion.  The Court can set aside a Judgment within the six months of entry of the judgment "upon such terms as are just" for (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial (not applicable in your case); (3) fraud, misconduct or  misrepresentation of the other party.  You can file a Motion alleging a Judgment is void at any time; however that it is likely not applicable to you.  You can likewise file a new/independent lawsuit against the Collection Agency to relieve you of the Judgment or claiming a fraud on the Court; however such steps would likely not be your most effective course of action.   ... Read More

While you question references signing a rental agreement with a management company, many leases are between Landlord and Tenant, with the management company just acting as agent for the Landlord.  If this is the case, the change of the management company managing the property for the Landlord has no effect on the Agreement between Landlord and Tenant and would not make the lease agreement null and void. As to the plumbing issue, if you are having communications with the landlord directly, you can communicate your issues and problems with the plumbing (as well as the management company) to the Landlord.... Read More