Contracts Legal Questions

Most Agreements of Sale provide that the remedy for breach is the loss of deposit.  In the case of the buyer, that can be significant.  In the case of the seller, less so.  The main concern involves your realtor who may insist on being paid the commission on a sale that you canceled. I trust this answers your questions and if you live in the Delaware Valley, feel free to call or email on a free initial basis.       Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

Generally, the classic standard is caveat emptor, buyer beware.  However, there is always an exception for fraud.  One method of proving fraud is if the Sellers Disclosure Statement failed to list the defect.  That is the first area of inquiry.  Even if it did not, the matter will be determined on whether the seller knew of the defect.  If not, the next best argument is mutual mistake.  To claim a breach of contract based on mutual mistake, the mistake must be material to the contract and whether or not leaky windows are material and substantial is a matter for a court to decide.  It is certainly worth speaking to an attorney and possibly raising the issue with the sellers to determine if compensation will be made. I trust this answers your questions and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis.     Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

There is more information needed in order to provide you with some guidance.  First, is the business still in the leased space? When did the business turn over the keys?  The landlord can probably charge for time before you compeletely vacated the unit.  Second, what specifically is the landlord asking for money for:  repairs, cleaning, etc.  Did the landlord provide estimates of repairs?   What does your lease agreement (the contract) say about what the landlord can retain from the security/damage deposit?  Read the lease agreement carefully to see what it says about what the deposit can be used for by the landlord.  Third, what does the lease agreement say about what condition you must leave the unit in when you vacate the unit?  Did you take pictures of the unit to document its condition?   These issues tend to be very facts specific, not only the words in the contract, but the facts related to the condition, and what the landlord can expect your performance to be under the contract.   ... Read More

Depending on the amount of damage, if it is less than $12,000.00, you may consider saving attorneys fees by filing on your own, pro se, in Magisterial District Court.  The issue will be jurisdiction as it sounds like they are a NC company.  My first thought, though would be to explore insurance as there is normally insurance for such an event either that you purchased, or their own business insurance. I trust this answers your questions and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis.   Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

You can't force someone to agree to something they don't want to agree to.  You are correct that without a force amajeure clause excusing you, your orgaization could be liable even if there was a hurricane which prevented you from traveling (but not if a fire destroyed the hotel, as in that case it is the hotel which would be unable to perform its conractual obligations, as opposed to the hotel being able to perform but your group being unable to get to the hotel; but it does depend on exactly what your contract says).  The hotel, however, seems unwilling to bend.  Assuming that the hotel really refuses to budge, your choice is to either take the risk, or find another hotel.  You may then find yourself in litigation over the original cancellation.... Read More

Just because the former owner wants the car back does not mean that you have any obligation to give it back.  If you can prove that you have a contract to purchase the car in exchange for making the remaining payments as they come due, a court will order that you keep the car.  That being said, if you have no written contract, it may be difficult and possibly impossible for you to prove your claim, and you have to decide how much it is worth to you, in term so both money and hassle, to try to keep the car in court.... Read More

If you don't believe the attorneys earned the fees they are charging you, don't pay and defend the suit when they sue you.  If they truly did nothing to earn the money they are charging, the court will not award them any fees.  As for the seller financing the litigation I'm not sure what you're talking about, unless you are referring to an attorneys' fee provision in the contract which provides, for example, that in any litigation relating to the contract, the losing party will reimburse the prevailing party for their legal expenses.  Even if there is such a clause in your contract (which wouldn't be unusual), it doesn't mena that you have no obligaiton to your attorneys, it means that IF you win, the other side will have to reimburse you.  Also, you can only be reimbursed for "reasonable" attorneys' fees, and courts rarely require 100% reimbursement.... Read More

You can seek dismissal, but if I understand the situation, you will not get it.  Even if the texts don't constitute a cvalid contract (they may or may not), your ex paid off your credit card debt.  At that point she became subrogated to the credit card company's claims against you.  In other words, once she paid off  your creditor, she became your creditor.  You can claim that this was intened to be a gift, but the texts contradict that position and, at any rate, that is not an issue which can be determinecd on a motion to dismiss on the pleadings.... Read More

You can sue anyone for anything, and you would have a valid claim (unless there is a limiting provision in the contract) for all reallnably foreseeable damages proximately caused by the seller's breach of the contract.  However, it is unlikely tha the seller will give you a refund until and unless you execute a release agreeing to that as a full settlement of your claims and releasing all others.  You would then have a choice of accepting the settlement, or rejecting it and suing for more.... Read More

Your question is in the nature of contract law.  The ex fiancé will have to prove that the funds were intended as a loan.  He will have a hard time doing that when he signed a gift letter.  His only remedy is to sue and you will have a good faith defense that it was a gift which is what he told the bank. I trust this was helpful, but am happy to advise you further on a free initial basis.    Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

If you could prove your oral agreement to the satisfaction of the  Court, you might not be (assuming that the agreement that you didn't have to pay meant that you didn't have to pay for anything, instead of just that you didn't have to pay for anything that wasn't done), but as a general rule a party is not allowed to claim an oral agreement which contradicts the terms of a written agreement covering the same subject matter, and it is also standard for written agreements to contain provisions that state that they cannot be modified or changed orally.  Check if your written contract says this.... Read More

Assuming that there is no provision in the contract giving the venue the right to cancel, you are right in theory (except that it is unlikely that the contract is with the owners rather than the business that your daughter contracted with, which is likely a corporation or llc; except in rare instances, the owners would not personally be obligated).  However, as a practical matter, while your daughter might be entitled to money damages for the breach (i.e. the extra amount it would cost her to book a comparable place), it is  unlikely that she could get a court to compel the venue to perform the contract (as opposed to compensating her for the money damages she would suffer from the breach), especially in the short time before the event.  More practically, you don't want to have the wedding in a place which doesn't want to hold it, and doesn't care about any repeat business.  There are likey to be problems which ruin the wedding, either through the venue's not caring, or even deliberately.  You don't want to be in a situation on your daughter's wedding where not enough servers have showed up, or there is no liquor at the bar, or there's no place for the band to set up, etc etc. ... Read More

Like most contracts, I imagine they had a clause for heirs and assignees.  You presumably read and reviewed the contract prior to signing and would be held to that.  You should check the contract again and make sure they follow it as well.  Should they breach the Agreement, then you might have a chance of getting out of it.  Otherwise, incredibly unlikely.... Read More

It would cost your friend more than she could possibly recover to get an attorney. Your friend stands to recover a net amount of approximately $130 to $180, plus inrerest, less than most attorneys charge for a single hour of work.   She can only recover attorneys' fees from the other side if she has a contract, or there is an applicable statute, providing for it, and you've not indicated any in your question.  Moreover, even if she could recover attorneys' fees, she could only recover reasonable fees, and the amount of fees which are reasonable to spend where the recovery is so small would be minimal.  This type of situation is exactly what small claims was designed for.... Read More

You have none of consequence. Once the lease is up, you move if there is no new rental agreement or you are subjected to eviction. If you don't have a rental agreement in place, whether a lease or MTM you are a hold over tenant and subject to eviction and DOUBLE rent damages. Telling a landlord you cannot afford the new rent and will have to let your car get repossessed is foolish as it may reinforce that they need you out and to get a tenant that can afford to live there in. ... Read More