Washington Contracts Legal Questions

Yes, every state has a statute of limitations for breach of contract claims, or a different period can be provided for in your contract.  Even if it is silent and has no specific period is provided for in the ocntract, the contract is likely to have a provision specifying which state's law applies to any dispute.  Most states have a limitations period of several years from the breach to bring the claim, and I expect that both Idaho and Washington law do as well, but I do not know for sure.... Read More

Fines?  No, it is not a criminal matter.  They would be responsible for the damages you suffered due to their breach of contract, so if it costs you an extra $500 to purchase a comparable car from someone else, they would be responsible to repay the deposit plus $500 (plus interest).  Some contracts do have clauses providing that if a party breaches they will have to pay "liquidated damages" in a specified amount, but such clauses are only enforceable if the damages are difficult to ascertain, and if there is some effort to relate the amount of the liquidated damages that the non-breaching party would suffer.  Neither condition sppears to apply here.   One clause which may help is a provision that the prevailing party in any lawsuit over the contract will be able to collect his reasonable attorneys' fees from the other side.... Read More

If your boyfriend bought you the car as a gift, not in contemplation of marriage, it is yours and he can't take it back.  However, unless your boyfriend admits that he gave the car to you outright, it will be very hard for you to prove that your boyfriend gave you the car to own, rather than just allowed you to use his car.  Unfortunately, given that title is in your boyfriend's name, a Court is likely to believe your boyfriend if he testifies that he didn't give you the car, but only allowed you to use it.... Read More

No judgment is valid if the  Court does not have jurisdiction over the defendant, and if you were not properly served with the summons and complaint (these may have different names in Washington), the Court did not have jurisdiction over you.  You should bring a motion to vacate the default judgment on the basis of lack of jurisdiction.  I'm not familiar with the exact Washington procedure, but the Clerk of the Court can help you with it.... Read More

Sellers are not necessarily responsible for damage incurred in delivery.  It depends on the shipping terms of the parties' contract and when the buyer takes title to the goods.  If you're looking for possible defenses, you should look at the case annotations under UCC 2-319 and under "Sales" in the west key number system.... Read More

I don't think so.  There was no agreement that the wedding coordinators would stay the same in your contract, nor do you even claim that anyone orally represented to you that the coordinators would remain the same to induce you to sign the contract (not that this would make any difference; except in rare circumstances, you can't use oral representations to change the terms of a written contract.) ... Read More

You definitely want to do this with a lawyer to make sure about the investment. An off the internet operating agreement will not be sufficient for you and your co-investors. You could form an LLC to be the passive investor and the (legal, vs. accounting/tax) maintenance costs should not be more than $1,000 per year. Cost of formation will vary according to experience and location of the attorney, but should also be quite modest.... Read More

Whether the relocation agreement applies to a relocation that occurred prior to the date it was executed depends on the intentions of the parties, as evidenced by the terms of the agreement and their conduct. You need to have the agreement itself reviewed by an attorney and to discuss the details with him.... Read More

Notarization is not required for the validity of a contract. Your rights to repossess collateral may depend on the security agreement with the debtor, it creation, attachment and perfection. You probably should be consulting a Washington lawyer for guidance, especially if your contract had an attorney fee provision.... Read More

You should contact a local consumer rights attorney with real estate experience.  A consumer rights attorney should be familiar with the foreclosure process, and defenses that you may have. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More