Contracts Legal Questions

When it comes to refundable fees. It is important to understand that it all depends of the text of the contract. Contracts are tools to assign riks. Accordingly, if a contract has been clear about the possibility or not of refunds, usually the answer is there. Now, there is also a breach of contract issue here, in general terms when a party does not want to continue with a contract it must advice the other. However, it does not mean that whatever has been exchanged willbe returned. Each party has a duty to mitigate the situation and also the right to provide assurances or try to perform. In conclusion, can you get a refund? Well, it depends of the text of the contract and the particular context. If so, how do you get it? You can always start by making a formal demand with an effective letter. If it does not work you need to think about your option putting in the table cost, time and practicality. ATTENTION. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter.... Read More

Doctor non-competition agreements are common and often very broad. There are some ways to work around them but it takes surgical precision and skill of an experienced attorney working in this area. was there a written promise of opportunity to join the practice as a partner? Were their other promises made. I strongly recommend you reach out to an experienced attorney and firm who works with medical practices and these types of issues. This is not the typical non-compete situation. There may be opprotunities to renegotiate with the practice and purchaser that would be more appealing for her as well.    We work with many medical practices and doctors and would be happy to discuss these issues with your wife. ... Read More

I am so sorry for your daughters health.  You did not say what you are trying to contract for? to contract  hospice?  Does your daughter have an Durable POA or Advanced Directive done while she was not incapacitated?  I am in Ga so Hope a FL attorney will answer.  In Ga we would (absent a valid POA or Advanced Directive done while not incapacitateda) get emergency Guardianship appointment.  Fairly easy application but need hearing.  If this is for Hospice.  You can check with Medicare  they pay for it.  It may be less formal.... Read More

Katie, In short, you can contact both.  It is a shame that this company mistreated you and broke the contract in such a way. It sounds as if you want to hold this company accountable and receive financial compensation for the breach of contract and resulting damages you suffered. For this type of relief you ought to contact a civil attorney who is well versed in business disputes and/or construction contracts. If fraudulent conduct is indeed involved and supported by sufficient evidence, there is potential to obtain a substantial recovery. I cannot comment on the potential for recovery any further without knowledge of the facts and a thorough review of the contract at issue. It is likely that you can find an attorney willing to handle this matter on a contingency fee basis. When you hire an attorney in this manner, they work for you and must follow your instructions to the extent possible within the bounds of rules of professional conduct and ethics. You cannot, per se, directly obtain this sort of personal financial recovery through the criminal justice system. To go the criminal route would require making a police report. From there, your involvement would be limited. If the authorities found there to be reason to suspect a crime may have taken place, they would likely investigate the situation. However, you would have no control over their decisions. This would not be the same as hiring an attorney to represent you and would not cost you to incur attorney fees--at least not directly.  It's possible that facts exist which could lead the authorties to recommend to the prosecutor to file criminal charges against the company and/or individuals involved. However, the standard of proof required in criminal law is "beyond a reasonable doubt." This is far beyond the proof required in a civil case which is a "preponderance of the evidence" or sometimes a heightened standard of "clear and convincing evidence." You are welcome to respond with further details if you so desire. I hope you find his explanaiton informative. Best, Joseph... Read More

Yes, every state has a statute of limitations for breach of contract claims, or a different period can be provided for in your contract.  Even if it is silent and has no specific period is provided for in the ocntract, the contract is likely to have a provision specifying which state's law applies to any dispute.  Most states have a limitations period of several years from the breach to bring the claim, and I expect that both Idaho and Washington law do as well, but I do not know for sure.... Read More

Do you want the service contract?  If not, write the dealership that you never agreed to the service contract and yoiur isgnature was forged, and ask them to confirm in writing that you have no service contract with them.  If they refuse to do so, sue them seeking a declaratory judgment that the service contract is null and void due to forgery.... Read More

You don't need a Montana contract lawyer.  Courts apply the laws of different states all the time, so even assuming that Montana law governs the dispute (which it probably does, but if Montana has no contact with the dispute it may not) and that applicable Montana law differs from New York's (unlikely; conract law is fairly uniform amongst the 50 states), that clause doesn't say that disputes must be litigated in Montana (which would be less liekly to be enforced anyway if Montana has no contact with the dispute).  You would sue in New York and the New York court would simply apply Montana law.... Read More

It would be very unusual for an attorney to be able to finalize a settlement without his/her client's signature (or voluntary statement in open court).  I think the attorney is probably going to ask you to sign a settlement agreement. If you don't agree with the settlement, don't isgn it and dont' take the check.  If your attorney has actually finalized a settlement without your knowledge or consent, you can sue your attorney, but you will have to prove that you would have received more had you not settled, which may be very tough to do.  You can also bring a disciplinary complaint against your attorney with the bar.... Read More

It is not true that a spouse can sign any contract on behelf of his/her spouse, but it is true that you can authorize anyone to sign your name and bind you.  Since your spouse signed the contract in your  presence and you allowed it, your spouse would likely be deemed to have been authorized to do so.  Moreover, even if you were not deemed bound by the contract, your spouse almost certainly would be, having signed the contract; the fact that the printed/typed name was yours rather than your spouse's would probably be considered immateral.   If your spouse had signed the contract without your knowledge or consent, you would probably not be bound (I say probably because there are sometimes circumstances where a spouse can be deemed an authorized agent, or you, by failing to protest in a timely fashion, can ratify it), but your  spouse certainly would be.... Read More

Your husband can sue (anyone can sue for naything), but he is very unlikely to win.  Your husband knew immediatedly that the dealership had signed his name without his authorization (assuming that he did not authorize them to do so) but did nothing.  Your husband cannot not now claim that the contract that he has accepted for two years, while he has used the car, despite knowing that he never isgned it, is invalid. ... Read More

Ultimately, the homeowner is resposnbile for having the proper permitting for any covered repair of consturiton in Frederick County.  Frederick City has its own permitting office as well. Normally, the written terms of a written contract control the performance of the parties to an agreement. However, if you agreed, even verbally, that the contractor would secure the permitting, there is a chance that you still may be able to argue that the unwritten terms be enfoced.  The verbal terms could be consdered what is know as parole evidence of an agreement between the parties and can be used agaisnt the contractor should the contractor's claims aginst you be ultimately litigated.  However, the contractor may be able to prevent such evidecne of an agreement relating to permitting from being considred should the contarct contain a merger clause.  Such a provison will normally state that the written terms contained in the contract are the entire agreement between the parties, therby preven ting any evidnce of any terms not actuall appearing in the contract from being considred. There are other avenues that you may use to apply preasure on the contractor to encourage settlement as well, and that list is too lenghty to discuss here.  Feel free to contact me, if you please, and i would be happy to review your agreement (contact) and discuss possible options  ... Read More

I take it that you would like to leave your current employer and do something that would violate the terms of the non-compete.  You can sue for a declaratory judgment that the non-compete is unenforceable (not only becauew of forgery, but many non-comp;etes are deemed unenforceable as overbroad and against public policy), or you can do what you plan to do and wait for your current employer to sue you, then defend the claim.  The first is less risky, but it forces you to spend money that you may not have to spend, because if you just go ahead and do what you want you may never be sued.  If you do decide to go ahead without any court involvement, you need to let your new employer know about your current employer's claim that you signed a non-compete.  As for filing charges, the forgery may violate some criminal statute, but I doubt that any prosecutor would bring the case, although you have nothing to lose by trying.  If you can convince the prosecutor to proceed, it might save you the costs of haivng to start a civil suit yourself..... Read More

If she can prove that she was the actual beneficial owner of the side by side and that it was titled in his name for some reason of convenience, she may be able to recover it, but she will have a steep hill to climb.  Her paymetns could represent (a) a gift to him; (b) a loan to him (which he will cliam to hve repaid, if not in cash than in services); or (c) peyment for use of the vehicle or for something she owed him.  Did she purchase the entire thing, or just make the downpayment?  If the former, it is more likely that a judge/jury would believe that she was the actual owner.... Read More

Hi John. Timeshare contracts can sometimes fall under the home solicitation sales act, which does provide a three-day cancellation period. This is unusual now though, as this is mostly done by phone or mail. I would need better details about how you entered into the contract to let you know.   Thanks,   Nick  ... Read More

Unfortuately, this is the problem with paying for work in advance. Its not finaincially viable to hire a lawyer or sue over a $1,000.00 dispute. You can do it - but it will likely cost more than the amount in dispute. The notion of a lawyer taking such as case and trying to get paid from the oher party is unlikely and any lawyer foolish enough to do so is likely not bright enough for you to hire, as collecting money from handymen is near impossible. ... Read More

You DO realize its not Oct 2020 yet - right? Thats not for 6 months. If the old lease expired and a new lease was signed for $200.00 a month more, there is no notice required in relation to terms of a new lease. There was always a choice and plenty of places to go, unless you are claiming thats the only place for rent in Sun Center. ... Read More