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Blog Posts in July, 2012

07/26/12 It's The Law: Contracts Can Be Express or Implied

It' s the Law CONTRACTS CAN BE EXPRESS OR IMPLIED (07/26/12) Question: I am a handyman. One of my customers recently asked me to paint his house. While I was painting, I found some other problems ...
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It's The Law: Landlords Can Get Stuck With Tenant Liens

Question: I own a small shopping center. One of my tenants made some improvements to the inside of his unit and then left town. The builder says he will file a lien against my property. Can he do ...
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It's The Law: Impact Usually Required To Recover For Emotional Stress

Q: My son was involved in a motorcycle accident. I am very distraught and losing sleep because he is hurt. Can I pursue a claim for emotional distress against the driver who hit my son? A: If your ...
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It's The Law: Liquidated Damages Limit Liability

Question: I am considering making an offer to buy a condo. I am counting on repayment of some money I loaned to a friend to pay for the condo. My Realtor wants me to make an unconditional offer and ...
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It's The Law: Lease Renewal May Not Last Forever

Q:I own a commercial building that I leased to a tenant some years back. The lease is for a 5 year term with automatic renewals for additional 5 year terms unless the tenant gives me notice of ...
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It's The Law: Condo Associations Hurt By Mortgage Meltdown

Q: I am on the Board of Directors of a condominium association. A few owners have stopped paying assessments and are rumored to be in mortgage foreclosure. Some of these units have not paid ...
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It's The Law: Master Association May Not Be The Boss

Q: I live in a condominium. Our condominium is part of a bigger development. Under the covenants of the bigger development, a master homeowners association was also created. When I asked the president ...
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07/19/12 It's The Law: Parent Can Be Liable For Child's Action

Question: The neighbor's kid beat up my son. Can we sue the neighbor? Answer: A parent is generally not responsible for the actions of his or her child. At common law, parents were only liable for ...
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It's The Law: Mortgage Foreclosure Can Evict Tenant

Q: I rent a home from my landlord. I was served with a summons and complaint in a mortgage foreclosure case in which I was named as "unknown tenant." Can I be evicted by the foreclosing ...
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07/12/12 It's The Law: Contract Should But Need Not Contain All Terms

Question: I have a contract to buy real estate. The contract is a simple one page document that the Seller and I wrote up ourselves. We left out the date for closing and some other matters which my ...
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It's The Law: Misconduct Can Reduce Share Of Divorce Assets

Question: My spouse has done a lot of bad things recently. I think I should get more of our assets than my spouse because I have had to deal with his misconduct. What will the judge say? Answer: ...
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It's The Law: Mortgage Holder Can Escape Payment Of Assessments

Question: I live in a condominium and some of our units are in mortgage foreclosure. The units are also behind in condominium assessments. After the bank finishes foreclosure, will the bank have to ...
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It's The Law: Do Real Estate Sellers Have Options When Buyers Breach

Question: I have a contract to sell my house. The buyer just told me that he changed his mind and will not close. What are my options? Answer: You may have a number of options, depending upon your ...
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It's The Law: Murderer May Not Inherit

Q: Anna Nicole Smith’s death continues to make headlines as those around her are prosecuted for providing her drugs. It appears the drugs killed her. Can you inherit someone’s property if ...
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07/05/12 It's The Law: Oral Wills Are Invalid --- So Are Oral Directions

Question: My dad's Will appoints me as personal representative. The only direction for distribution of his assets is a direction that I follow distribution in accordance with his last discussion ...
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