Questions and Professional Answers

• Business Contract

  I have a maintenance contract with one trucking company but two locations. This is my only contract because I just started and now they want me to have other customers or they will terminate the contract. Can they do this? This is not stated in the contract I signed with them. They are throwing this at me all the sudden, three months into the contract.

  • Re: Business Contract

    You need to have an attorney review the contract as a written contract is often very specific.

    Burton Padove
    Bi-State Law Office of Burton A. Padove
    533 W. Ridge Road, Suite C
    Munster, IN 46321

• contracts

  me and another person had a conversation about buying a business. after discussing the contents a contract was drawn up. when the contract was given to him he wanted some changes made, that was done and he still didnot accept the contract. after concluding that we was not going to ever agree on a written contract & it was taking off the table and he was fired , he has now sued my saying we had a oral contract. i say we have no contract of any kind. what do u think

  • Re: contracts

    It may be that there was an oral contract. However, it also may be that there was no meeting of the minds to form a contract. A lot will depend on what he is claiming and what writings exist demonstrating either party's contention.You would be well-served to gather together the complaint and underlying documents and consult with an attorney about these issues.

    James R. Becker, Jr.
    Law Offices of James R. Becker, Jr.
    5100 Poplar Ave. Ste 2606
    Memphis, TN 38137

• Changing a contract

  I have a signed contract from 7/31/08 to sell a corporation to my brother in law. He now wants me to sign a new contract that includes his new wife but the date of the original contract is still on the new contract (that is 7/31/08) instead of today's date. Everything else is exactly the same. He just is adding his wife's name to the contract. Is this legal & what are the ramifications for me???

  • Re: Changing a contract

    It is legal to add a party to a contract. Without reading the contract I cannot comment on its ramifications.

    David Slater
    David P. Slater, Esq.
    5154 Windsor Parke Dr.
    Boca Raton, FL 33496

  • Re: Changing a contract

    I agree that without looking at the document it is difficult to say. The contract should reflect the date it was signed. I would ask him why he chose to leave that date.

    Lesly Longa
    Longa Law Firm, P.A.
    P.O. Box 311377
    Tampa, FL 33680-3377

• legality of the contract

  hi,I recently entered into a contract.'coz the person sending me the contract was located elsewhere he wanted me to sign on a ms paintand emailed the contract .I sent him both the agreement and my signature on ms paint separately as email attachments.Is this a valid contract.Now i am absolutely not happy with the services they are providing me.Now they are saying me that i cannot withdraw from the course as i signed on this contract..Please help..

  • Re: legality of the contract

    Verified electronic signatures are valid. From what you discribed, this would not be one.Even if it was, if they are not performing as promised under the contract, they can be considered to be in breach, giving you reason to withdraw.

    Ken Koenen
    Koenen & Tokunaga, P.C.
    5776 Stoneridge Mall Rd., Suite 350
    Pleasanton, CA 94588

• Possible Breech of Contract

  I entered into a contract with a fellow employee for her to purchase a mobile home from me. She devised a contract for $400.00 for 7 years and I signed my copy and she signed hers, only we did not swap contracts. She is now trying to get out of the contract and move elsewhere. Can she do this without breeching our contract? Does a verbal contract have any power in a court of law?

  • Re: Possible Breech of Contract

    Assuming the contract is valid as written, it is enforceable if you can prove it. Having a copy with your signature is evidence, and her copy can be requested through the discovery devices available in litigation. Her payment record on the mobile home is strong proof of the contract.Short of that you are stuck with her behavior.Oral agreements are enforceable in the law, but usually quite difficult to prove.

    Charles Aspinwall
    Charles S. Aspinwall, J.D., LLC
    PO Bx 984
    Los Lunas, NM 87031-0984

• breaking a contract

  I signed a contract in a school district that. The contract went into effect on August 4, 2008. In my contract it states that ''the board is not obligated to release me from my contract''. What does that mean? I am in the process of pursueing other employment due to various reason.

  • Re: breaking a contract

    This means that the school board intends to hold you to the terms of the contract.

    Motty Stone
    Law Offices of Motty Stone
    6207 N Sacramento Ave
    Chicago, IL 60659

• Contract

  What are the legal consequences if an organization imposes a contract where there was none. In other words, can Actor's Equity actuate a new contract rule in May of '09 and then impose that contract on a show that closed in April, (and entered into their version of the contract in March)?

• Rent to Own Contract

  Contract drawn for Rent to Own. Payment put down and clause put in contract for it to be non-refundable if buyer did not get financed. Buyer wanted the contract because they did not want to loose the house to anyone else. Person did not get fincanced now they want the money back. Also her lawayer says we had to have a line in the contract in caps saying Under contract does not have to buy. Is this true since she wanted the contract and sign it without any ammendements? Thanks

  • Re: Rent to Own Contract

    Unfortunately, there is no way for an attorney to evaluate your question without reading the complete contract. A properly drafted lease with option to buy can have a non-refundable purchase option price (which could conceivably be expressed as a non-refundable deposit toward the purchase price). Typically that would be enforceable because that is the consideration that is paid to the owner for granting the purchase option (i.e. holding the property off the market and giving the tenant the right to purchase the property at some set price).However, if the documents are not properly drafted, it is always possible that the language does not protect the landlord. You should consult an attorney to have your documents reviewed. Obviously, you'll have to weigh the cost of obtaining legal advice against the cost of either giving back the money, or of keeping the money and risking a lawsuit.Good luck with this -- pls feel free to contact my office if you would like to chat about the possibility of having your documents reviewed.

    Lawrence Holzman
    Joseph, Greenwald & Laake, P.A.
    6404 Ivy Lane, Suite 400
    Greenbelt, MD 20770

• Is this contract valid?

  If a mortgage contract to purchase a home is witnessed by two employees of the mortgage company and one of the witnesses also notarizes the contract by printing,signing and then stamping their seal on the contract, does this make the contract invalid? I already know that it is unlawful for the notary to do this. I need to know if the mortgage contract is legal or not.Thank you

  • Re: Is this contract valid?

    I am not aware of any legal rule that invalidates a contract simply because the notary also serves as a witness. It is my understanding that the notary can also be a witness. Confirm it by hiring an attorney to research the issue.

    Peter Gonzalez
    Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP
    2333 Ponce De Leon Blvd., Suite 302
    Coral Gables, FL 33134

• juvenile contract

  In virginia if an adolecsent signs a contract and miss represents their age, can they be held responsible for the contract. example; girl says she's 23, buys a car, wrecks, trys to get out of contract based on the fact she really is only 17 yrs old? Is she liable to up hold the contract?

  • Re: juvenile contract

    If the minor deliberately and knowingly falsified her age on the contract which she signed, she would be "equitably estopped" as they say in the law from later seeking the cover of the law which allows such minors to disaffirm such contracts.In other words, yeah, she's probably stuck with her original lie(s)which most likely misled the other party to the belief that she was legally competent to enter into the contract and would therefore now owe the money which the other party is now claiming.

    Michael E. Hendrickson
    Attorney & Counsellor at Law
    211 North Union Street Suite 100
    Alexandria, VA 22314

  • Re: juvenile contract

    There may also be a claim of "fraud in the inducement." A minor cannot enter into a contract. However, a claim of fraud in the inducement is not based upon contract, and is not limited by age.

    Jonathon Moseley
    Office of Jonathon Moseley
    107 South West Street #417
    Alexandria, VA 23214-2824