New Jersey Contracts Legal Questions

The terms of a contract cannot be changed without your approval.  If the contract is written, then the cahnges must be written and the parties to the contract must agree to the new terms.  If everyone does not agree to the new terms, then there is no meeting of the minds, and no new contract.  ... Read More

It seems like you should file a small claims complaint in small claims court.  You can get the forms on line and file them.  You should have some proof of the value of the items, receipts, photographs, whatever you have.  You don't need to produce surveillance video to prove that they didn't take it.... Read More

There is no preferred method - it depends on the circumstances.  Mediation is when someone attempts to assist you to come to a resolution.  Arbitration is when someone else makes the decision and its binding on both parties.  Sometimes mediation is not successful, and you wind up in court anyway.  Arbitration is more of a substitution for court because the arbitrator makes a decision like a judge. ... Read More

You can file a complaint in small claims court outlining all of the things that the company did wrong.  Prepare documentation of the issues taking screen shots of your rankings on various occasions.  You will have to submit the contract, and point out each part of the contract that the company violated.  Good Luck. ... Read More

As a general rule, you are better off having individuals personally liable to you, rather than corporations, and certainly so where the individual is one of the owners of a close corporation, because even if the individual has no money to pay and the corporation does, you can at least (after obtaining a judgment) sell that person's interest in the corporation to satisfy his debt.  The converse is not true; where a corporation is liable but lacks assets, you generally can't go after the shareholders personally. If a person signs a contract under a fictitious name, for example John Doe signs for ABC Company, which doesn't exist or is not a separate legal entity (corporations. llc's, etc. are separate legal entities, sole proprietorships are not), that person is personally liable on the contract.  The rules may differ somewhat where it is contemplated that the entity being signed for will shortly be created, but the worst that would happen is that the entity alone will be liable, rather than the individual, which is exactly what would happen if the entity did exist when the contract was signed on its behalf.  In other words, when dealing with a closely held corporation (one which is not publicly traded or widely held) you would generally be safer if the individuals signed in their personal capacity than signing on behalf of an entity which has not yet been formed, but having the individuals signing on behalf of an entity which has not yet been formed is generally safer than them signing on behalf of an existing corporation, because if the entity has not yet been formed, you might be able to impose personal liability on the signers, and that is what you want.... Read More

I would have to take a look at the contract to determine the termination procedures. You may not be able to get your money back, but if all you want it out of the contract, this can usually done by merely notifying the other party, but again this would require a review of the contract. If you would like to talk more about the specifics of your case, please give my office a call. Initial consultations are always free and believe it or not, I'm actually a pretty nice guy.   The Law Office of Robert Colby, LLC 73 Church Street New Brunswick, NJ 08901 www.robertcolbylaw.com (732) 609-3915 Admitted in New Jersey     ... Read More

There is usually a three day right of recission.  However, the purchase agreement for a new car may have some specific time period.  Read through the paperwork you received at the purchase, and if nothing is mentioned, contact the dealership and indicate that you are exercising your right to recission of the contract.... Read More

Quite possibly so. As a general matter, minors are not bound by their contracts, and the promisee may generally not rely on them. In legal terms, these contracts are "voidable." However, there are limits on this principle, especially where, as in your posited facts, the promisee has incurred reliance damages. In such a case, the minor may be required to return any advance benefits she has received.... Read More

People sign contracts on behalf of others all the time. The only issue for you is whether the person who signed was authorized to do so. That is not forgery at all but simply acting as an authorized agent. If you are unsure of the secretary's authority, you should ask the client to confirm his intention to be bound in writing.... Read More

I do not practice in New Jersey.  I do know that the general rule is that the tenants are liable under the lease for the months they are not there during the term of the lease.  Landlord tenant law some times gets very strange in certain localities (consider New York City for example), so the law may be different in New Jersey (but I doubt it). I hope you get better.... Read More