Articles on Contract Law
I Don’t Have a Contract or the Proper Paper Work for the Property I Bought, Can the Prior Owner Withhold the Deed?
If I have receipts for land that say “paid in full” can court order seller to turn over deeds to buyer? Originally my husband and I entered in to verbal agreement to purchase 10 lots from this individual, we have paid for 5 lots in full and paid last years taxes on all 10 lots have receipt stating so signed by the seller. There is no written contract stating a specific date by which all ten lots had to be paid for. Wouldn’t these events look suspicious enough to any judge and the out come be in my favor if in fact I have to go through legal system to obtain deeds for property I have paid for & be allowed to purchase the remaining lots? I have a contract with my previous company that states when the company sells, someday, I get 5% of the sale price. They are now selling off a piece of the company (not a separate company, just a d.b.a. division) for $100,000. Am I entitled to $5,000 or can they just keep selling off pieces without giving me anything? We got a used van from a dealership under their auto financing. When we got home, my wife happened to looked for our van in the dealerships website inventory. She found out the price of the car was $1,000 less from what we have paid for. I know I’m somewhat at his mercy for I already signed the loan contract, is there a way I can demand this 1,000 dollars be deducted from my purchase price? I was inebriated and don’t remember many details when I checked into a medical detox for alcohol. After 2 days and receiving very little care and no counseling I decided that I needed to go to a different facility. When I asked for a refund of my pre-paid balance of $9,500 they said that I waived my refund when I signed in. Is there an issue of “sound mind and body” that would invalidate or nullify this contract that I haven’t even seen? I have signed a contract and paid a deposit to buy a new condo, which is finished, from the builder. The sales person gave discount on the price and everything is written in the contact. Now one of the sales person calls and tell me that the builders have not accepted the price, and they will give back the deposit money. What can i do? Is there any way to save a home once the mortgage company has sent a letter stating that the house has been foreclosed and sold and you have 10 days to vacate? I am being sued by John Deere for a tractor which I had paid $17,000 back 4 years ago. The indvidial whom I purchased it from never paid off the tractor and filed Bankruptcy. John Deere has filed a civil action against me for the tractor. I was unaware of any title on tractors and never research it to see if there was ever a lien on the tractor. Do I have any legal recourse in this matter? What do you see the court’s decision to be on this? My son is behind 2 months on his car payment. He spoke to the finance company today and said he would be able to catch the payments up tomorrow when he gets paid. The finance company told him he had to pay today by noon or his car would be repossessed. Can they do that? I live in a Condo association in Pa. Our community is approx. 25% full and our condo documents state 2 members of the association should serve on the board at this time. Therefore the residents have elected 2 board members (one being myself). However when we have board meetings the developer (who supposedly is the other 75% of board) has no communication with us an never shows up at the board meetings. Instead the property management company is there in his place. They never let us decide anything, and they adhocly do what they want without even consulting us. Is there something I can do about this situation? I have a business where I provide passenger gifts for people who are going on cruise ships. Today one of the cruiselines decided to not allow any of our gift packages on board that contain alcohol. They have accepted our gifts for 17 years & accept a $5 per item receiving fee. At no point prior have they refused any gift & have cashed our checks for the fees. This action will put us out of business, I have already had to refund thousands of dollars to customers & have thousands more that will need to be refunded. Is this legal? Do I have any recourse? The fact is that Mother was told she was signing over part of her pasture and that it had nothing to do with the House but in reality it is her 6 acres with all improvements. Is there anything my Mother can do to have this revoked? Can she sell her property or take out a government reversal loan? Mother also looked at the deed that was filed and stated it is not what she signed. I initialed and signed my husband’s name to a real estate purchase contract as he was out of state at the time of the agreement. Is this a legally binding contract or is the contract null and void? I live in Michigan and had cell phone service with Centennial. My 2 year signed contract ended in 2002. I canceled my service on Dec. 16, 2006. I just received a bill for one more additional service from Dec. 16, 2006 through January 16, 2007. I was told that in my contract it indicated I must give them 30 days notice to cancel, or I would pay an additional 30 days service after I canceled my service. With my contracted expired, how can they do this? My son and his girl friend bought a car earlier this year.The car is in his name and she is the co- borrower. The car was bought for her and she makes the payments on the loan. They have now broken up. Is there a way to get his name off of the loan so he is not liable. My problem is we were in the process of refinancing to a 30 year fixed mortgage. In the Good Faith Estimate there was no Yield Spread Premium listed at all. I get a call two days before we were to close stating that our current mortgage company said we signed a Prepayment penalty and we would need to come up with $8000.00 more if we are to close. Anyway the current mortgage company said it would need 90 days or more to negotiate this prepayment to reduce it or do away with it. Now the new company said they will leave it open and we pay a higher interest rate and additional fees to leave it open or if we cancel it we need to pay the Yield Spread Premium of $1700.00 in addition to the $375.00 application fee that we have already paid. The new mortgage company I was getting the fixed rate with changed the name on our insurance policy before the closing papers were signed. HELP PLEASE My wife and I were in signed over the Deed to our house about 3 years ago. The person in control is an investor and basically gets property through this process. The first 6-8 months was fine, as he made all the payments and leased out the property to build more equity. Over the past 28 months, it has been a nightmare. We are constantly getting phone calls from the lenders stating late payments. Do I have any legal rights regarding this situation? I have signed a contract with a national builder last October and my house is one of the last two to be built in this phase (first out of three). I received a letter from the builder saying that, county forced them to change blueprints and my house is losing two windows in the living room. I think it might impact our selling home years down the track. Since the design isn’t what we want anymore is there a way to get out of builder contract? I just purchased a TAG watch from a well known jewelry store last weekend. Two days ago that jewelry store called me and told me that they misquoted the price of the watch and that I owe another $730 dollars on top of what I already paid. The purchase was complete last weekend, I have the receipt to prove it. Can they do this or is the sale final once I get my receipt? I entered a drawing for a room makeover from a furniture store (filled out a basic entry form). I won. We went to the store & met with the designer who had a grouping picked out for me. I did not like it. We spent the next 2 hours picking out the furniture we wanted. Then I was contacted by the tv news sponser of the contest and told that our furniture was not approved and that in the rules of the contest, it stated that the furniture was at the discretion of the furniture company. However, I never saw the rules. Do we have any legal rights in this situation to actually get the furniture we want? My son has taken a new job and must relocate. He currently has approx. 3 months left on his rental lease agreement but needs to get out of the lease early. The lease agreement has no provisions for terminating the lease early but the landlord’s representative has told my son he is responsible for the rent payments until the end of the lease. My son acknowledges there should be some penalty like losing his security deposit but to also have to pay the remaining 3 months seems excessive. Yesterday my husband and I made an offer to buy a house. (We live in TN.) We were told we would need earnest money but it was late and the realtor said we could bring it by today, and in fact will be leaving later this afternoon to go and do that. We have been having second thoughts about it. We did sign a paper that our realtor told us would mean once we signed it, that was pretty much that. But… we did not give our earnest money yet. Are we still obligated to go through with this, even though we did not pay any money? I live in Michigan and had cell phone service with Centennial. My 2 year signed contract ended in 2002. I canceled my service on Dec. 16, 2006. I just received a bill for one more additional service from Dec. 16, 2006 through January 16, 2007. I was told that in my contract it indicated I must give them 30 days notice to cancel, or I would pay an additional 30 days service after I canceled my service. With my contracted expired, how can they do this? My father-in-law’s divorce contract in (NY. 1983) states that in the event of his death his ex wife shall receive a certain amount of money from his life insurance policy. Recently in his passing, we have come to find out that in the last few years he made some big changes in his insurance policy. The life insurance company, upon receiving the death certificate, processed the claim (in FL.) and had money ready to send to his current wife. They immediately stopped payment when his ex wife’s lawyer sent them a letter. My base question is which contract is going to fly? The divorce or the insurance naming only one beneficiary? I have recently found out that my previous employer has been using photos of myself doing job related tasks on their website to attract customers. I no longer work there and have moved on but they still have photos of myself on there website. Are they required to compensate me for the use of these pictures? Both the contract and a waiver for a fitness center explicitly absolve it of all responsibility for anything that goes wrong on its premises. What if one of your machines malfunctions and someone gets hurt? The owner replied that, in such a case, the contract and waiver wouldn’t stand up in court anyway, so I would be able to sue if I wanted. Is she correct? Does it makes sense for me to sign such a contract? My employer has asked me to sign a contract stating that for a specific time after the initial training, if I quit or were to be fired, I am required to reimburse the company for the training fees. My question is: 1. Is such contract legal for this company to make me sign? 2. If I did sign such a contract, am I legally accountable and liable to reimburse the company for the training fees if I were to quit or to be fired? It is the merchants position that I should pay them 125.00 a month, even though I no longer use their service. The merchant has indicated they may sue for payment of future months, even though I do not plan to go there anymore. I have since cancelled the credit card and notified them of this. My request for a refund has been refused. Can I sue my father for education/college expenses and for a car that he promised to me? Is it legal for a buyer who is a realtor to change the escrow papers to make it appear that the buyer is someone else, in order to by pass taxes and make a commission? I was contracted to perform 1 day of classroom training on systems and equipment which never arrived while I was at the training site. Now they have arrived and the client expects me to return to the training site for free. Shouldn’t I get paid? My son and his ex-wife have just been through proceedings for property settlement. During their marriage I gave them a loan. The court recognized the debt as part of community property to be split equally between the parties. Can I enforce this against my ex daughter-in-law to get my money back? I recently adopted a young male kitten from Oakland (CA) Animal Shelter. Their policy is to neuter all cats, even very young kittens, before adoption. However, this kitten was sick so they postponed the procedure and let me bring him home. Now they are insisting that I neuter him now, but I think that he is too young and the vets that I have consulted agree. What can I do? We have a customer that wanted a car we located at another dealership. I told the customer the dealership didn’t want the car and that he would have to pay for it in advance. He paid for the car. Now he says that he doesn’t want it. I had repair work performed on my vehicle. I received a phone call from them stating additional work would cost $900.00. They failed to charge me the extra $900.00 when I picked the car up, and now they want me to pay it. Do I have to? The lien-holder on a vehicle accidentally cleared the title to the car as if it had been paid in full, when it hadn’t. Can they now repossess it? When signing a contract with your business name, most contracts have a blank for your business name, with a signature line underneath for your own name. Whether a carwash can be held liable for damage done to a car at the carwash will depend on many factors. Can general contractors be construed to be acting agents for the companies or individuals for whom they perform work? The answer will depend in part on the facts of the situation. Breach of contract may apply when an employer fails to follow through on a combination employment and equipment purchase contract, but the contract is likely not void. A disc jockey job in 2003 is now leading to a threat of action for breach of contract over an event scheduled in 2006. A father who cosigned for his son’s loan was made promises by the bank, and their broken promises are costing him money. Unfortunately, the promises were not in writing.
