Contracts Legal Questions

You want to grant an easement to the people across the street giving them (and their guests?) the right to cross a strip of your land for the purpose of reaching the lake.  Such an instriment would need to meet the formalities of a deed.  This is not uncommon, and any lawyer experienced in real estate transactions should be able to draw it up.  It would be customary, but not obligatory, to grant the easement not to the people across the street personally, but rather to the owners of the property across the street, so that the right could be passed on to succeeding owners of that property, and would be binding on succeeding owners of the property being crossed.  The easement will be recorded and appear on any title report.... Read More

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

Any time you buy something, that's a contract.  YOu and the other parties to the agreement have agreed that you will pay a certain price and in return the other party will give you title to some property.  There are likely going to be other terms as well.  While the adult with whom you contract is bound by it, you, since you are a minor, have the right to revoke that contract, meaning that any party you deal with would face the risk that 3 weeks after you reached agreement, you can find another car for cheaper, or lose your job, or for whatever reason change your mind and rescind the contract.  Nobaody wants to take that risk, and so they will require a competent adult as a contracting party.... Read More

I assume that the obligation to pay excess wear and tear is set forth in your contract.  Assuming that (a) there is no time set forth in the contract for the car company to demand payment; and (b) that the car company has never expressly waived the right to collect excess wear and tear, i.e. by telling you that you didn't have to pay it or that nothign was owed, the question is whether the car co. has waived its contractual right to charge you for excess wear and tear by delaying 4.5 months to make its demand.  There is no set time for a waiver to occur by silence, rather it depends on the circumstances of each case, I think it very unlikely that a court would find that the car co. waived it's right by delaying 4.5 months., it's just not a very long period of time.... Read More

To answer your quesiton, we need to address what "POA" means.  It stands for Power of Attorney.  While your Aunt is living, she can name someone as a power of attorney to handle her legal affairs (sign contracts, talk to the bank, untility company, etc on her behalf), but that power only exists while your Aunt is alive.  The POA is not a Last Will and Testament.  The POA does not control who inherits.  When your Aunt dies, the POA ceases to have power.  Normally, you only give a POA to someone you trust completely, because they have complete power over everything you own.  Neither your cousin or your Dad have any right to inherit based only on a POA.   If your Aunt prepared a Last Will and Testament ("Will"), then the Will governs who will inherit.  If your Aunt did not prepare a Will, then her property would go to her next of kin according to the order listed in the state statutes.  (Spouse, children, siblings and so forth). I would need to review any documents you are speaking of to be sure what legal rights exist. ... Read More

Sorry - but it if you lost your job before it was assigned to the bak and approvied by them, you are likely out of luck. If the dealership doesnt cancel you may find yourself with a vehicle you can't pay for and end up with a repossession. Your best bet is push the dealer to cancel the sale and wait until the dust settles befoe gettin a financed car.... Read More

Whether you can terminate the agreement depends upon many things including the terms of the agreement. You may want to consider hiring an attorney to write a demand letter as the temp agency may respond to your request for a copy of the agreement if you've retained counsel. Russo Law LLC 929-262-1101 Info@russolaw-llc.com www.russolaw-llc.com... Read More

Your rights are governed by the contract.  If there is a force majeure clause in the agreeement then the agreement might direct what would happen in the event that the quarantine continues to June.  You might consider having a lawyer review the agreement and potentially contact the venue on your behalf to see what could be done.   Lou Russo www.russolaw-llc.com... Read More

The answer depends upon many things one of which is what legislators will do in response to the virus.  But from a contractual persective, you can always negotiate a contract.  If you sign that new contract, your rights under the previous one would likely be extinguished so be careful to read it carefully before executing.  You should consider having an attorney review the former agreement and the new contract so you can have a full understanding of what you are agreeing to and you associated rights under the governing law.   Best, Lou Russo www.russolaw-llc.com lrusso@russolaw-llc.com 919-262-1101... Read More

You will need to spend some money on hiring a lawyer to review your documents and go from there. Whether you are able to get money back depends on how this "investment" occurred. A "silent" partner may be a problem for you if you have no shares and hopefully you have a prommisory note of some sort of other if it was a loan. ... Read More

So - you engage in criminal activity  - get incarcerated, and the remedy is to expect the marina to bear the expense of moving and storing your vessel for you? Not a good plan. You wull need to spend the money to hire an admirality lawyer ASAP to address this. It may be cheaper to offer to pay all of the past due expenses and see if they wll give you your vessel back. ... Read More

If you are asking in such a question you REALLY need to retain a business transactions lawyer before you even think about such a purchase. Thse are high risk high failure low return investments and you need to vet them properly and make sure you aree adequately proected beforeyou invest a thin dime.... Read More

Not for the acts of its INSURED, but it can potentially liable beyond the policy for its own actions in refusing to settle in bad faith.  The insurance company has no obligation to third parties; its obligation is to its insured pursuant to the insurance contract.  If the insurance company's wrongful acts damage its insured, it can be liable beyond the policy limits.   For example, if there is a $100,000 policy in place and a covered accident causing $1 million in damages occurs, the insurance company's liability is $100,000.  But if the injured party offers to settle for $100,000 and the insurance company refuses to settle, and the injured party eventually gets a judgment against the insured for $1 million because the insurance company refused in bad faith to settle the case for $100,000, it could be liable to its insured for the $900,000 difference.... Read More

Powers of attorney can be as general or as limited as the parties want them to be.  The breadth of your powers depends on the provision of the POA that your bf executed.  If your current power of attorney is not broad enought to cover getting a new birth certificate, etc., your bf can execute a new one that is broad enough.... Read More