Pennsylvania Contracts Legal Questions

Unless your ex intended the use of a phone on his plan to be a gift you may be legally obligated to pay him back...if he chooses to treat it as a contract between him and you he probably has a good case to force you to pay him back.  You paying him the part of the bill on any regular basais may be enough to form a contract whether or not anything was ever put in writing.  So, the short version is:  yes, he may be able to sue to collect the bills he paid for you so the ball is in his court so to speak.... Read Answer

By accepting your money and failing to properly complete the title transfer the seller essentially breached the contract you had to trade your money for the car.  By keeping your money and not completing the paperwork to finish the title transfer an argument can be made that the seller breached a contract or is otherwise obligated to return your money.  If you went to court with it,  he could likely be forced to fix the transfer paperwork or return the money.... Read Answer

From the summary you've provided it sounds as if the Court may have terminated the case without ruling on certain Preliminary Objections which were still pending.  You mention a lengthy delay - it is possible that during the delay the Court ordered you as Plaintiff through your attorney to move the case forward or face dismissal.  Cases which sit idle with no activity by either party are often dismissed for lack of activity.  To answer with any more certainty would require a thorough review of the court docket.... Read Answer

The first place to look is always the contract which in this case is the Agreement of Sale.  It governs all the terms such as termination.  Many agreements provide that disputes must be resolved via mediation or arbitration. There are only 2 ways to obtain a refund, voluntary payment or a legal proceeding.  Certainly, your attorney should try the former before resorting to the latter. I trust this answers your questions, but you are welcome to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com... Read Answer

Generally, contracts are enforced against both parties so long as each party entered into the same knowingly and voluntarily.  Knowing requires an understanding of the facts and issues involved and voluntary means that the same was signed under free will as opposed to duress.  The common example of duress is a gun held to the head of the signer. If you are able to conduct your own affairs such as manage your bank accounts and pay your bills, I would not think you could be declared incompetent.  Accordingly, absent some duress, the contract should be enforced.  I trust this answers your questions but do not hesitate to call or email on a free initial basis.    Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

If you did indeed sign a contract which gave him sole discretion, it may be that the contract is enforceable against you.  However, if he failed to perform, that could be a defense. I understand that you have 2 questions: 1) how can you defend or fight this with little funds? and 2) what can he recover if you don’t? Regarding the first question, there are many firms, like mine, who charge a reasonable fee and as such the fees are manageable.  However, a simpler option might be a Chapter 7 bankruptcy which, if successful, would eliminate the debt for a flat fee, plus court costs.  If you elect to take no action, he will obtain a judgment by default and can enforce that against any personal property you own, including bank accounts.  The latter could be frozen which could cause outstanding checks to bounce.  I strongly advise speaking with an attorney about your options including how to make yourself judgment proof. I trust this answers your questions but do not hesitate to call or email on a free initial basis.   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

If there is no written contract stating that the deposit is non refundable, and no work has begun, you may simply cancel and request the return of the deposit.  If they refuse, your only legal option is to sue, probably in small claims court known as Magisterial District Justice.  It is generally for the pro se litigant (without counsel) and for claims of $12,000.00 or less.  Sometimes it is helpful to have an attorney represent you to recover but you should apply the cost benefit analysis on that issue. I trust this has been helpful, but don’t hesitate to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com    ... Read Answer

When you engage a contractor to perform work, a contract exists whether oral or written.  If one party breaches, the other may seek compensation informally and may sue if an amicable resolution is not reached.  You may not only sue for breach of contract, but it is often advisable to consider a claim under the Unfair Trade Practices and Consumer Protection Law which affords attorneys fees and treble damages.  I trust this answers your question, but do not hesitate to call or email with any questions.   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

Generally, when a customer, consumer, client makes a deposit for goods or services, he or she has a right to expect the benefit of that deposit.  If your attorney has not taken action on your behalf, he has not performed his part of the contract with you, is in breach, and must return the deposit.  You have several options: Sue for breach of contract Contact the disciplinary board to complain Contact your county bar association about its fee dispute program. I trust this answers your questions but do not hesitate to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com... Read Answer

If a contractor did not perform the work for which you paid him, you have 2 options: 1) report him to the PA Attorney General Bureau of Consumer Protection, https://www.attorneygeneral.gov/submit-a-complaint/consumer-complaint/;  and 2) sue him in magisterial district court which has a $12,000.00 jurisdictional limit.  Please note that neither option assures prompt payment.  To the contrary, it may still be months or even years before you are repaid, if at all. I trust this answers your questions, but you are welcome to call or email me on a free initial basis.     Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

Generally, the contract itself governs the rights and duties of the parties.  Accordingly, the only way to properly advise you is to review the contract. I trust this answers your questions but do not hesitate to call or email me on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

Non compete clauses are narrowly construed and must be evaluated on a case by case basis.  The first step would be to review the contract.  Once an attorney has reviewed the same, a proper opinion can be given.   I trust that answers your question, but do not hesitate to call or email me on a free initial basis. Best Regards, Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

The new owner is certainly bound by the terms of the lease.  The first course of action is to speak with the landlord noting he must honor the lease.  Some clients find having an attorney involved to be helpful, while others think it might create an adversarial atmosphere aggravating the situation.  You could sue for a declaratory judgment  regarding the terms of the lease, but that is an extreme measure and the last resort.  Rather, the worst case is to simply put up with the unpleasant situation while enjoying the benefits of the space. I trust this answers your questions but do not hesitate to call or email on free initial basis.     Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

Fortunately, you will have more than 20 days to respond as the Plaintiff must also send you a 10 day notice after that time expires which will afford another 10 days.  The only way for an attorney to properly evaluate the case is to review the complaint.  I do not know if you have other debts, but you may also wish to consider a bankruptcy as a permanent solution. Although I don’t practice in your county, I can try to help you find local counsel.  I trust this answers your questions but do not hesitate to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

If you you did not enter into a written agreement to divide the marital assets, you may have a difficult time obtaining the relief you seek.  With an agreement, you could file a Petition to Enforce and most agreements require that the loser pay attorneys fees.  With no written agreement, any such petition might fail as the decree presumably granted no other relief but the decree.  Absent a written enforceable agreement, you would need to sue for breach of contract.  Perhaps when faced with a suit, he might simply comply as that is certainly the most cost effective route for him.    I trust this has been helpful, but feel free to call or email on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

Most Agreements of Sale provide that the remedy for breach is the loss of deposit.  In the case of the buyer, that can be significant.  In the case of the seller, less so.  The main concern involves your realtor who may insist on being paid the commission on a sale that you canceled. I trust this answers your questions and if you live in the Delaware Valley, feel free to call or email on a free initial basis.       Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

Generally, the classic standard is caveat emptor, buyer beware.  However, there is always an exception for fraud.  One method of proving fraud is if the Sellers Disclosure Statement failed to list the defect.  That is the first area of inquiry.  Even if it did not, the matter will be determined on whether the seller knew of the defect.  If not, the next best argument is mutual mistake.  To claim a breach of contract based on mutual mistake, the mistake must be material to the contract and whether or not leaky windows are material and substantial is a matter for a court to decide.  It is certainly worth speaking to an attorney and possibly raising the issue with the sellers to determine if compensation will be made. I trust this answers your questions and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis.     Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

Depending on the amount of damage, if it is less than $12,000.00, you may consider saving attorneys fees by filing on your own, pro se, in Magisterial District Court.  The issue will be jurisdiction as it sounds like they are a NC company.  My first thought, though would be to explore insurance as there is normally insurance for such an event either that you purchased, or their own business insurance. I trust this answers your questions and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis.   Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

You can sue anyone for anything, and you would have a valid claim (unless there is a limiting provision in the contract) for all reallnably foreseeable damages proximately caused by the seller's breach of the contract.  However, it is unlikely tha the seller will give you a refund until and unless you execute a release agreeing to that as a full settlement of your claims and releasing all others.  You would then have a choice of accepting the settlement, or rejecting it and suing for more.... Read Answer

Your question is in the nature of contract law.  The ex fiancé will have to prove that the funds were intended as a loan.  He will have a hard time doing that when he signed a gift letter.  His only remedy is to sue and you will have a good faith defense that it was a gift which is what he told the bank. I trust this was helpful, but am happy to advise you further on a free initial basis.    Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

Do you want the service contract?  If not, write the dealership that you never agreed to the service contract and yoiur isgnature was forged, and ask them to confirm in writing that you have no service contract with them.  If they refuse to do so, sue them seeking a declaratory judgment that the service contract is null and void due to forgery.... Read Answer

I take it that you would like to leave your current employer and do something that would violate the terms of the non-compete.  You can sue for a declaratory judgment that the non-compete is unenforceable (not only becauew of forgery, but many non-comp;etes are deemed unenforceable as overbroad and against public policy), or you can do what you plan to do and wait for your current employer to sue you, then defend the claim.  The first is less risky, but it forces you to spend money that you may not have to spend, because if you just go ahead and do what you want you may never be sued.  If you do decide to go ahead without any court involvement, you need to let your new employer know about your current employer's claim that you signed a non-compete.  As for filing charges, the forgery may violate some criminal statute, but I doubt that any prosecutor would bring the case, although you have nothing to lose by trying.  If you can convince the prosecutor to proceed, it might save you the costs of haivng to start a civil suit yourself..... Read Answer

A case against who?  From what you've written it appears that the company which arguably breached its contract with you is no longer in business. and has no assets with which to pay you even if you could sucessfully sue it.  Also, if the stores went out of business in 2012, it is likely that the statute of limitations on any claim has expired.... Read Answer