Contracts
What legal options do we have against a mechanic for delayed repairs?
My husband is in the marine corp. We relocated to California in March of this year. We have a legal situation that we need advice on. My husband has a 1968 muscle car and he drives his muscle car to work everyday, but it has broken down on him a couple times. So he took it to a car care shop in Virgina Beach to repair it because the owner promises us the car would run like a champ after he finished the work. Before my husband took the car to the shop, his car was appraised at $19,000 in February 2009. The car was in the shop for more than a year. During the time the car was in the shop, someone hit the car from behind. The car got a big dent on the back; which the shop later repaired. In February 2009, the shop promised us several times that it would be ready by February 15, 2009. However, it was not ready until March 10, 2009. The worst thing is my husband couldn't drive the car out of the shop after we paid him $12,000 on it. Because he was unable to repair the car on time and lied to us about it, we reserved a 24' rental truck costing us more than $60 per day to wait around for the car be done for 2 weeks, also the hotels fees that added up to more than a thousand dollars. We then rented a trainer to tow the car to Kansas for my husband 's family to repair. It took the shop in Kansas one month and we paid the shop $13,000 to repair it. The car finally runs good, the mechanic in Kansas mentioned that he had to redo a lot of work that was done from the VA mechanic. We feel like we come out badly with the shop in Virginia. The car is fixed in Kansas, but we are running out of money to get it back to California because it will then cost us another thousand dollars. All my husband wants is to drive his muscle car before he is deployed to Iraq in August 2009. I just feel so bad for my husband because he might not come home from the coming deployment, he has been wounded 4 times in Iraq. Can you help and give us some advise on this matter?
Can I cancel my lease and get my deposit back due to misleading information?
I currently reside in Ohio and signed a 1 year lease on 6/10/09 for a condo in California (CA Assoc Realtors Residential Lease Month to Month Rental Agreement)to begin 7/1/09. I was represented by a Broker California. I had trusted her to be 'my eyes and ears' (her words and suggestion) since I could not make a trip to CA. Once a particular condo was decided on, I had repeatedly requested a floor plan and/or measurements and additional photos, other then what could be seen in the MLS . I did not receive anything, until last evening, 6/17/09. Yesterday, I insisted, when all her answers concerning sizes of rooms were always vague, that she go to the condo and take additional photos and some measurements. At 8:30 pm Eastern time she e-mailed me photos (but still no measurements)...she said she did not have a measuring tape. I asked her how a realtor did her job without a measuring tape. She doesn't always have one, she said. After seeing the photos (sent to me from her e-mail) and having a 30 minute conversation...around 9:30 last night, my fears were confirmed! I believe I have been misled by the Broker and want to cancel the contract and get my security deposit ($2,400.00) back. What do I do now?
How do I respond to a breach of contract summons?
How do I write a response to a summon for breach of contract and breach of guaranty?
Can reliance be a successful defense in a contract dispute?
My firm agreed to pay me a commission structure and when it came time to pay me, changed my status to what they call 'home office bonus eligible' so they could argue that I'm to be paid like all my bosses, zero. As a series 7 registered employee, I am required to use an arbitration panel to file any dispute. Has the legal defense of 'reliance' had success in defending a contract dispute?
What are my rights regarding damaged and missing items during a move?
We hired a reccomended mover when we moved 15 miles to a new home. During the move a number of items disappeared and a $10,000 work of art was badly damaged. We told the mover we were only going to pay $1,000.00 of the $3,500.00 bill until we sorted this all out, 2 days later we were summoned to small claims court and we responded with a counter suit. When I interviewed the owner he assured me that he was bonded and insured, and I was not offered a contract nor did I ask for one. Apparently on the back of the contract, all the 'small' print explained many things.