Business Contracts
Contract For Sale And Purchase
South Carolina
Can someone review a sales contract for my mom.
My mom is selling her home as is, and needs someone to review the contract before she signs it.
Answers from 1 Lawyer
Answer
Business Contracts
South Carolina
Brad T.
ContractsCounsel verified
Yes. I can review this contract for you for a fixed flat fee. I will need to view the contract to provide you the flat fee price. I look forward to the opportunity to assist with your legal needs. Thanks!
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Consumer Protection
Contract For Sale And Purchase
Tennessee
A used car dealer (Tennessee) sold me a truck that has issues from day 1. What legal recourse do I have?
Bought in November and had issues with the AC & Heated Seats not working correctly. They have had my truck 52 days (and still working on it) of the 122 days I've owned the truck.
Adam J.
Most used car sales in Tennessee are "as-is," and if your buyer's guide and contract say that, the dealer generally isn't on the hook for repairs as a contractual matter. The first thing to check: does your paperwork show "As-Is - No Warranty" or "Implied Warranties Only" or "Dealer Warranty"? If the dealer misrepresented the truck's condition, knew about pre-existing defects and concealed them, or has been stringing you along in bad faith, the Tennessee Consumer Protection Act allows for treble (triple) damages and attorney's fees. This is often the strongest hammer in used-car disputes
Read 1 attorney answer>Contracts
Contract For Sale And Purchase
Idaho
The difference between Maintenance and Warranty on an RV
We have a contract with a couple that we are leasing to own/rent to own a fifth wheel camper. In the contract it states that we are responsible for all maintenance for the term of the contract. My definition of maintenance is repairs like flooring, hinges, paint, etc. Things we can fix our self's. The issue is the RV has electrical issues, AC going out, Awning separating from RV. These issues require a dealer to fix. Way beyond what we can do. I need to know how to proceed?
Howard B.
I'm an Oklahoma attorney and not an Idaho attorney, so I am simply providing information about the general theory of contracts. For a more detailed response, you need to talk to an attorney in the place where the contract states for its choice of law. If your contract does not state a choice of law, it is possible the place where you live is not actually the law that applies to the contract. The law of the place where the buyers are located might apply. Typically, the words in a contract are to be interpreted in their usual and customary way and not in any technical way, unless the contract indicates otherwise. So, the dictionary meaning of "maintenance" may well be applied. I see two definitions in Merriam-Webster, both of which are not helpful to you because they are broad, not distinguishing between "maintenance" stuff like replacing brake shoes in a trailer's electric drum brake system and fixing or replacing broken things like an A/C unit that simply died after running non-stop during a heat wave. There may be some case law on this in the correct jurisdiction. Your really need to talk to a local attorney and show them the contract you have.
Read 1 attorney answer>Business Contracts
Purchase and Sale Agreement
Washington
Governing law in a purchase and sale agreement?
I am in the process of purchasing a business and have been presented with a Purchase and Sale Agreement. I am looking to better understand the governing law that would be applicable to this agreement, and any potential implications for the agreement. I am looking for advice on the law that would be applicable to this Purchase and Sale Agreement, and the potential implications for the agreement.
Merry K.
Good morning - I am a WA State attorney. The purchase and sale agreement should, itself, specify the governing law that would be applicable; if that term is not already part of the PSA you were presented, it should be added. If you are buying a business in WA, normally the PSA will say that WA law will apply, but if you are buying a franchise, it's possible that the PSA will say something like that law of Delaware may apply. Washington has good governing law for this type of agreement. I also suggest that you discuss any concerns with your buyer's agent, and possibly request a WA State attorney to review all the documents before you sign anything.
Read 1 attorney answer>Business Contracts
Business Contract
Washington
Can I edit a signed business contract?
I am starting a business and am in the process of signing a contract with a vendor. I am concerned that some of the details in the contract may need to be changed after it is signed. I am wondering if it is possible to edit a signed business contract or if I would need to create an entirely new contract.
Merry K.
It is almost always possible to amend a signed contract, but, of course, all signatories to the original contract would also need to sign any amendment. If, however, you foresee things you may want to sign later down the road, it'd be best to negotiate changes to the original contract, rather than amending an existing one....for one thing, what if the other signatories don't agree to your proposed amendment(s)?
Read 1 attorney answer>Business Contracts
Business Contract
Washington
Penalty for breaking a business contract?
I am a small business owner looking to enter into a contract with a larger company. We have negotiated terms and conditions, but I am concerned about the potential penalty if either party breaks the contract. I would like to know what the legal consequences may be for a breach of contract, so I can make an informed decision about entering into the agreement.
Merry K.
Some contracts incorporate both reasons for breaching or ending a contract, and some incorporate the amount of a penalty. Most business contracts incorporate what state's laws apply, and whether a dispute will be taken to arbitration or court. If nothing is specified in a contract, parties are most likely to sue for lost income. To truly make an informed decision, I recommend that you consult with a business attorney BEFORE you sign a contract, so that he or she can review the proposed contract and recommend changes BEFORE you sign.
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