Contracts Legal Questions

You can not be released from liability to the lender unless the lender agrees to it.  No agreement between you and any buyer, without the lender, can affect the lender's rights.  The most such an agreement would accomplish would be to require the buyer to repay you for any money you had to pay on the car loan, but if the buyer doesn't have the money to cover it, or can't be located, you are still on the hook.  Moreover, unless your contract explicitly provides for the right to repossess the car on default before obtaining a judgment, you have no right to do so, and in any event your rights would always be subordinate to the lender's.... Read More

I have seen this problem before, as Carfax reports are not up to date.  However, I believe you will find that Carfax discloses that its reports are not up to date in its paperwork.  In fact, just checking the Carfax website, in order to place an order, you must check the box next to the statement that says "I agree to the Customer Agreement and understand that CARFAX may not have the complete history of every vehicle."  Assuming you checked this box, on the website or on a hard copy, I don't think you have a claim.... 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

It's not really a question of differing state law in this case, it's a question of what the contract is for.  In all states, as far as I know, only certain types of contracts are required to be in writing; most oral contracts are enforceable.  Thus, if we, both having the legal capacity to contract, neither being under duress or reasonably relying on any misrepresentations, agree that you will buy my tie for $10, an enforceable contract has been made with no writing needed. Where a contract is required to be in writing, it generally must be signed by the party against whom it is sought to be enforced, but there are exceptions, particularly where parties perform under an oral understanding for some time.  Some types of contracts require even more formality, such as witnesses.... Read More

Its difficult to say without knowing more.  The essence of the issue is 1) did the condition leading to the flooding exist prior to your purchase and 2) did the sellers know about it a fail to disclose it to you?  Its often difficult to prove the first of these two.  Even if you can prove both 1 and 2, sellers often will not pay to fix the problem post-sale without you filing suit and incurring the expenses of a lawsuit.  You won't recover your attorneys fees. ... Read More

What does your contract say?  Does it provide that they must provide you with a unit that stacks securely with your dryer?  Does it have a provision for what happens if an identical unit is not available?  It is not a question of "shouldn't", it is a question of what the contract provides.... Read More

I assume from this scenario that you were supposed to be the buyer, and that after you accepted the seller's offer, the seller breached your contract by selling the product to someone else.  You can sue the seller for the lesser of (a) the difference between you agreed to pay and the value of the goods (evidence of which is the price the seller received from the other buyer) or (b) you can buy replacement goods on the open market and sue the seller for the difference between what you paid and what you had contracted to pay the seller.... Read More

I am not from Sacramento. No lawyer can say: try me. It wold violate not only State Bar rules prohibiting client solicitation, but allso this sites Terms and Conditions. www.avvo.com has a "Find a Lawyer" function that works pretty well and allows you to view client reviews. I far prefer it to a site like Yelp. ... Read More