Contracts Legal Questions

What does your contract say?  Did it give you the right to cancel within a certain period of time? Did it provide for deposits to be non-refundable in whole or part?  If your contract was silent on these issues, a court would have to determine what the two of you intended. If your contract did not give you the right to cancel, it would seem to have been a breach of contract for you to do so, which would entitle your seller to damages he incurred from the breach.  These damages might be nothing, if the seller has one boat and can sell to someone else for the same price without incurring any further cost, but they might be the amount of profit the seller lost on the sale, which may be more or less than your deposit. However, you apparently believe that you had the oontractual right to cancel.  If you had the right to cancel at any time, then a court is likely (not guaranteed, particularly since there may be other circumstances I don't know about) to conclude that the deposit was intended to be non-refundable, or else what purpose would it serve, if you could cancel at any time and get your deposit back?... Read More

How long did the agreement say that the option was for? An option means that he could exercise the option to purchase or not. Thus, there is no breach of contract if he decides not to exercise that option. If it was created in 2007 and he has not exercised the option, then sale the house to whomever you want.... Read More

There is no way to answer that question without knowing what the contract provides.  What does the contract say?  If the contract prohibits your situation than it may still be unenforceable, because such provisions are not always favored by the Courts, but you probably could not know for sure if it would be enforced until you took the job and got sued. ... Read More

If I understand you correctly, an acquaintance of yours voluntarily shared his contract template with you, with no agreement regarding confidentiality.  If so, I don't believe that you would face any claims of stealing intellectual property if you use the template to create your own contract, but the problem is that you (presumably) want the ocntract to reflect West Virginia law,  while the template you've received (presumably) reflects Florida law.  Although the law of Florida and West Virginia may be very similar, they are not identical, and you should definitely have a West Virginia attorney look over the template before you use it. ... Read More

With certain exceptions which do not seem to apply here, there is generally no need for a signature on a contract to be notarized under the law of every American jurisdiction of which I'm aware, but British law may be different, and (assuming that none of the contracts has a choice of law provision) it is possible that this question could be governed by British law.... Read More

The lease would not be void just because it has a minor glitch like having a 6/31 termination date, but it is possible that having a “rodent problem”, depending on how severe it is and how long it’s gone in, might be a material breach of the lease entitling you to rescind it. ... Read More

Depending on how your lease is worded concerning the paid parking spaced, the apartment complex might be in violation of the lease. You could hire an attorney to write a demand letter and negotiate with the apartment complex to address the issues. The complex might respond if an attorney contacts them.... Read More

You generally don't  - at least not without controversy or penalty. You should have addressed those considerations or issues when you signed the agreement. At this point you can either retain a lawyer at some expense to review the agreement and assiist in separating from the company or you will likely need to address this with the employer in regard to modifying the agreement or termnating it. ... Read More

The other side made an offer that was open until February 2, which you could have accepted by delivering the signed contract to them on or before 2/2.  On February 9, the offer was no longer open.  By signing on 2/9, in effect you made an offer to the other party, which they could then accept or reject.  If they did nothing to indicate their acceptance, there is no contract.  If they accepted the signed contract however, even though it was signed late, a new contract was formed.... Read More

Probably not in this instance.  The contract is whatever the written lease says, particularly since it probably has a merger clause providing that the writing represents the entire agreement and supercedes all prior oral discussions.  It is possible (but unlikely) that, if you can show that the lease was intended to be for 6 months and both sides mistakenly thought that six months would take it to March31, that you could get a court to reform the lease so that it ran until April 6, but the lease would not be void.... Read More

Assuming that the text can be authenticated as having come from you, probably.  Of course, you can rebut the text, saying that somebody else sent it from your phone or claiming that it didn't represent the actual deal, etc., but the text will probably come in to evidence.  BTW, when somebody gives you $, the assumption is that you are required to pay them back; in order to prevail, you would have to convince the court that it had been a gift, not a loan.... Read More