Contracts Legal Questions

You (if you were also party tot he contract, otherwise only your husband) could take this guy to court because anybody can sue anybody for anything, but you may be barred from claiming that you had an oral agreement that contradicts the terms of your written contract.  Even if the receipt is not considered a fully integrated contract, and thus you are allowed to testify to your version of the true agreement, the receipt is still strong evidence supporting your ex-friend's claim that the agreement was to find a car and for you to drive it "as is."... Read More

No, unless the date was somehow material to the contract, for example if you were too young to sign the contract on May 23, but were of age as of May 24, or if the contract gave them 2 weeks to move out and they moved out 2 weeks from May 24, but two weeks and one day from May 23.  A mere error in date that has no affect on the performance of the contract doesn't make it invalid.... Read More

Assuming that you have no basis to invalidate the contract, i.e. you were of legal age, competent, not defrauded or coerced, etc., the only way to get out of your obligation is with the consent of the lender, and the lender has no reason to consent unless it is paid off or gets another cosigner who has at least as good credit as you do.... Read More

While you may feel you "must have rights" dealing with such issues is why there are business lawyers that you retain to help you respond to such situations. There are many moving pats here including the potential of negative impact on your business trying to enfroce a contract agaiunst a customer. You need to find a local business lawyer to help you. ... Read More

There are more issues here.  One, what are your damages?  Maybe zero.  Two, the realator will claim you consented to the initials.  What is your proof?  Finally, you cannot just void the contract without consequence.  The contract will say what happens if the date change was not made.  Maybe you would have been in default.... Read More

If your client breached the conract, of course you can sue her for the damages you suffered due to the breach.  However, nothing you've written indicates that there was any breach, unless your contract has a definite term, requires notice. or limits her right to terminate in some other way.... Read More

Not sure where that amount came from but you will need to HIRE a lawyer to deal with this issue not merely "consult" with some or gather blurbs on the internet. As this is likely to some level of contract defense case, this is an issue where you will be paying out of pocket to defend the allegations, extortive or not. ... Read More

This is what happens when dealing with family and freinds, things get sloppy. You and your siblings need to retain a lawyer to sue the contractor for the money paid  - if they wont return it and you thnk they have it to pay. Otherwise its a $10,000.00 learning lesson which will be terrible. ... Read More

Assuming that New York law applies (which may not be true if, among other reasons, the contract specifies the application of another jurisdiction's law, or if the warranty company is not a New York company or it wasn't providing its services in New York) , the statute of limitations for a breach of contract is 6 years from the breach.  However, parties can contract for a different limitations period.  You need to check your contract with the  warranty company to see if it provides for a shorter limitations period.... Read More

If your claim is $12,000 or less, I'd suggest that you file the claim on your won with the magistrate.  The contractor is probaby in violation of the Home Improvement Consumer Protection Act.  Violations entitle you to recover attorneys fees and exemplary damages.  The problem usually is trying to collect from the contractor.  They might be "in the wind" or won't cooperate with you.  But the first step is to file suit and get your judgment.  Try it on your own.  If you run in to trouble then hire counsel.  Even if you lose with the magistrate, you can appeal and get a brand new hearing.  That's where you might want to consider retaining counsel.  ... Read More

You simply don't. Co-signing is like vouching for someone in the mob. The lender made the loan because YOU promised to back the borrower and pay if they didn't. Like mafia, if the borrower turns out to be a rat, you get the cement shoes along with them for vouching for them. You may need to consult with a bankruptcy lawyer. ... Read More

I believe the contract is enforceable  While there is a rule of law that a contract procured by duress is not enforceable, I don't think that rule applies here.  Although you claim you were "forced" to sign the contract, the laser tag had the right to ask you to sign the waiver before it allowed your daughter to enjoy its facilities, and you had  right and the ability to refuse, with the only consequence being that your daughter could not go to a birthday party. ... Read More

A "lawyer's letter", as you call it, is an attempt to settle a case before the parties incur the time and expense of litigation.  Having an attorney send it is meant to show that you should be taken seriously, in that you have already consulted an attorney and are ready to go to court if necessary.  A demand letter It is never a requirement, much less one sent by an attorney.  Unless you feel that sending a "lawyer's letter" is likely to get you a quick favorable settlement, don't send it; the cost of hiring an attorney is generally not worth it in a small claims case. Although you didn't ask, there are 2 things I noticed in your question that trouble me.  First, you are planning to bring this in small claims court.  Given that the entirte job has to be done over, it is hard for me to believe that the damages are small enough for the case to be heard in small claims court, where jurisdiction is generally limited to claims for no more than a few thousand dollars. Second, you mention that the contractor has a business.  Is that business its own entity, like a corporation or llc?  If so, was your contract with the entity, or the individual?  Individual owners of a business entity, like a corporation or llc, are generally not personaly liable for the contracts of the entity.  If the contract is with the entity, that is who you will have to sue for breach of contract, not the individual (although the individual may still be liable for negligence if you can show that he personally was negligent in performing the work). If you obtain a judgment which is not paid, there will be many collection procedures open to you, including the ability to cause the judgment debtor's assets to be sold in order to pay his/its judgment. ... Read More