Contracts Legal Questions

Generally, contracts are enforced against both parties so long as each party entered into the same knowingly and voluntarily.  Knowing requires an understanding of the facts and issues involved and voluntary means that the same was signed under free will as opposed to duress.  The common example of duress is a gun held to the head of the signer. If you are able to conduct your own affairs such as manage your bank accounts and pay your bills, I would not think you could be declared incompetent.  Accordingly, absent some duress, the contract should be enforced.  I trust this answers your questions but do not hesitate to call or email on a free initial basis.    Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

Not sure what the question is as opposed to an announcement. If you purchased a home and it has mold, the starting point is its your problem to fix. You will need to hire a mold remediator to address that. Unless there was a substantial material defect that warrants spending a lot of money on legal fees to address trying to rescind the sale if there was some undisclosed water leak or damage repairs are part of the expense of buying a used house. Not sure why this was not discovered with the inspector you hired prior to purchase, but you mgith need to review those reports to see what level of inspection was done.... Read Answer

This sounds like a yo-yo scam if the rates and costs keep increasing. You should have refused the first re-do on the first contract. Now you need to retain a lawyer ASAP and should sign no other contracts unless the lawyer directs otherwise. In the meantime you will likely need to try to unwind the deal and get your money and trade-in back.... Read Answer

If you signed a contract, you are expected to abide by its terms. Thats not "wrong." There is likely an early termination fee and financial penalties you will have to pay.  Otherwise you will have to decide if its worth spending the money on a lawyer to address termination of the contract. ... Read Answer

A/C is NOT an appliance for most appliance service contracts. If there is no warranty on the A/C if it breaks after you take ownership, its yours to fix at your expense. If it wasn't transferred, and DID cover A/C then you had to maske a choice about waiting for approved repairs and sorting out the transfer or having them done as an emergency. ... Read Answer

If you did indeed sign a contract which gave him sole discretion, it may be that the contract is enforceable against you.  However, if he failed to perform, that could be a defense. I understand that you have 2 questions: 1) how can you defend or fight this with little funds? and 2) what can he recover if you don’t? Regarding the first question, there are many firms, like mine, who charge a reasonable fee and as such the fees are manageable.  However, a simpler option might be a Chapter 7 bankruptcy which, if successful, would eliminate the debt for a flat fee, plus court costs.  If you elect to take no action, he will obtain a judgment by default and can enforce that against any personal property you own, including bank accounts.  The latter could be frozen which could cause outstanding checks to bounce.  I strongly advise speaking with an attorney about your options including how to make yourself judgment proof. I trust this answers your questions but do not hesitate to call or email on a free initial basis.   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

You can definitely fight this given the history established throughout your arrangement with them. However, it doesn't sound like there's anything in place to prevent future price increases, so they can certainly increase the price going forward. I urge you to hire an attorney to handle this and help you get contracts in place with all of your vendors and customers.... Read Answer

If there is no written contract stating that the deposit is non refundable, and no work has begun, you may simply cancel and request the return of the deposit.  If they refuse, your only legal option is to sue, probably in small claims court known as Magisterial District Justice.  It is generally for the pro se litigant (without counsel) and for claims of $12,000.00 or less.  Sometimes it is helpful to have an attorney represent you to recover but you should apply the cost benefit analysis on that issue. I trust this has been helpful, but don’t hesitate to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com    ... Read Answer