Legal Advice My wife's stalker filed a marriage license without her knowledge in another state |
- My wife's stalker filed a marriage license without her knowledge in another state
- My mother died, and my brother hacked in to her bank accounts and changed the listed account beneficiaries, so he gets more money and I get less when she dies.
- Neighbor trespassed into our backyard and cut down our tree… Can we do anything?
- Purchased a house from a builder, builder cancelled the contract, and is now holding funds.
- House sitter let someone in to snoop. What are my options? (USA)
- Coworkers shared my nudes without my consent and just found out
- My previous employer is holding my paycheck
- Walked in on my husband in bed with another woman
- Landlord won't let me move in before 4:00 PM. Movers come in the morning. Neither will budge when asked nicely. Lease doesn't specify.
- Can my mother legally prevent my grandmother from getting the COVID-19 vaccine?
- Is this abuse to special needs?
- Can dysthymia (low-grade depression) make you an unfit parent in the eyes of CPS/DCFS? [Illinois]
- I was accused of having marijuana in my college dorm, and I don’t know how to prove it wasn’t me (WA)
- I blocked a person online and now they're using my Phone number, Email, and Address to sign up for stuff.
- [WV] Contractor left tools at unfinished job site, no contact
- Student who Sexually assaulted me and others is back at our hs
- Neighbor killed tree in my yard
- Step-daughter(10) attempted to run away today - told her friends / parents / school that I beat her. I do not.
- 9 extra people moved in after I signed my lease
- Virginia Landlord Withholding Security Deposit After Accepting Applications for New Tenants
- Can an employer take an employees stuff as collateral before giving employees items they’re required to have for the job? Indiana
- Received a direct off-market offer on our home, but real estate agent who had nothing to do with the sale (and who was engaged with us under a future-dated contract) wants a cut
| My wife's stalker filed a marriage license without her knowledge in another state Posted: 17 Sep 2021 12:05 AM PDT Title says it all. All three of us are non-Americans. My wife and I live in IL where I attend university on a F-1 visa, wife is on a F-2 visa. We got married June 2020 in our home country, but didn't file a marriage license here (why would we, I thought). Long story short, a man who has, for the past three years, stalked her, hacked her social media, message apps, emails, harassed her family and friends, stalked us in both our home country and in the US, sends us threatening emails using her hacked email address, called the hospital my wife needs to go to for CANCER SCREENING and claimed to be her husband to cancel the appointment. I strongly suspect the two attempted break-ins at our apartment (once when only my wife was home, once when we were sleeping) were related. The list goes on. I've left out most of the stuff which happened back home since it's not applicable here, but it's a nightmare. A friend of ours informed us that he recently entered the U.S., went to another state, filed a marriage license with my wife under false pretenses and probably a false or hacked photo of her passport (my conjecture; he picked a state where penalties for such crimes are weak), and went back home. We've talked to the police about the break-in, but unfortunately a) we're in a small town and I don't think they're equipped with this mix of low-tech/high-tech crime; b) we have no evidence which can be definitely linked back to him (we think). Any help or advice would be appreciated. Thanks. EDIT: Apologies for the rambling nature of the post. I'm just freaking out right now. My wife wants to study in the US as well and we're worried this might cause issues for her down the road. [link] [comments]  |
| Posted: 17 Sep 2021 11:00 AM PDT Parent (my mother) lived in Miami Florida. Myself and my brother live in San Francisco, CA. My mother was very sick for a month before she died, and her last week unconscious and on a ventilator. She was in a hospital for a month before she passed away. I was there every day with her at the hospital for a month, caring for her. My brother was not willing to come to help or see her, until it was too late (in her last week). Just before she died my brother went online into her 2 bank accounts at Charles Schwab and changed the beneficiaries to so when she died the money in the accounts would go to 2 different people (including his wife) and at different percentages. To be specific, he changed it this way: before the money would go to me, my wife and to him as 3 different beneficiaries. About 70% of her money would go to me and my wife. 30% would go to him. Total in accounts was $1,000,000. He changed the beneficiary designation to go 50% to my wife and 50% to his wife. He hacked into her accounts (using some info from her laptop) and made the changes online. She was unconscious in the hospital at the time, and never woke up. He basically gave himself about $160,000 that would have gone to me and my wife. Brother was told we found out what happened, and denied doing it, but there is no other person who could have done this, and he benefits. And he told us a few days before that he "thinks we should spit her money and give it to his wife and mine" (which is the changes he made on the accounts a few days later). The will shows my mother's wish to divide up as I said in a previous paragraph (70%/30%). But the will (I believe) has no effect on money in a bank that has "pay-to-beneficiaries" provisions. The will has not been used (yet) because the only estate/money was in these 2 accounts. *Questions: * Is my main option to sue my brother in a court to get back the $160,000? Any thoughts or advice on this? What court would it be? Can I hire a lawyer on a contingency basis that will get a percent of the money recovered? Any other thoughts, advice or ideas would be appreciated. At this point the brother is not even willing to discuss anything. My brother, by the way, is quite wealthy and owns real estate. My family is 2 parents with kids, working but low income. Also, I have spoken Charles Schwab about the events, and am guessing they will do nothing. They told us that the account beneficiaries were changed 3 days before she died. I have no idea about how to start a lawsuit against him (except to get a lawyer), and I don't know if I can get a lawyer to take the case on contingency basis. It would not be ideal to spend over $4000 and lose the lawsuit. Can I sue him myself without a lawyer? [link] [comments]  |
| Neighbor trespassed into our backyard and cut down our tree… Can we do anything? Posted: 17 Sep 2021 12:13 PM PDT Hi all, So my backyard is completely fenced in. We have a few small trees along the perimeter of our property. Apparently our neighbor (we share a backyard property border, so he is directly behind us) knocked on our door this morning, but since we didn't answer, felt he was entitled to hop our fence with a chainsaw and cut down our tree. The tree was fully on our property, with some of the branches above the fence line and going onto his property. He then left the entire tree in our backyard and left. We came home and when confronting him, said he was doing us a favor but that he would help us "clean our yard up tomorrow". Do we have any rights to legal action??? His sense of entitlement is just blowing my mind right now. Please advise! Thank you!! [link] [comments]  |
| Purchased a house from a builder, builder cancelled the contract, and is now holding funds. Posted: 17 Sep 2021 06:52 AM PDT Hi All, We purchased a house from a home builder in Central Texas around about April. The contract was purposely vague about build dates and time to turn over but we were assured that was due to the ridiculous housing market. After 3 mos the original home builder was purchased by a large nationwide corp and we were told this would make the build go so much quicker. At 4 mos we were sent a form which showed us, the buyer, requesting to cancel the original contract. We were told to cancel the contract with the original builder and we would be contacted at a later date to build our same floor plan on the same property with the new builder/owner under the new brand name. They implied this would be more of a "spec" home holding none of our original interior selections, they didn't have a sure date, they no longer had confidence in pricing. I had a "spidey sense" about this whole thing from the start but this was finally the end of my patience. I told the team to ammend the form to show they were the ones that cancelled the contract and I would happily sign. It took two weeks before they came back and told me "I could amend the form" by striking out "buyer" and writing in "seller" and they would return my options deposit and earnest money (all in about $25k). They've had that form back from me several weeks now, we're nearing actually the five month anniversary of original signature, and I am continuing to get run around from this corp about my money. Oh they'll cut a check, oh you should have it tuesday, no later than friday, definitely by wednesday... I would be quite happy to get my money back and never talk to these people again, other parties also had their contracts cancelled (over 100 families in the region to my understanding, 11 in our development). Other parties have decided that this corp made money on their money by holding it or building equity in their homes and have turned to law suits to take their piece of this buyout. Whether or not that's successful is not pertinent to me, I am only interested in walking away whole. What options might I have to compel this corp to return my funds and allow me to move on with my life? Let me know what details I've missed, this has been a long process and I'm trying to be succinct. [link] [comments]  |
| House sitter let someone in to snoop. What are my options? (USA) Posted: 17 Sep 2021 12:22 PM PDT We left a dog/house sitter for the weekend while away and they let someone (actually, almost sure it was the previous owner of the home) into our house. We caught it with our doorbell camera and internal security cameras. Cameras only record inside common areas with points of entry (namely, living room/kitchen for back door, and foyer for front door). However, we can see the snooper go in and out of personal spaces like home office, bedrooms, bathrooms, even the damn nursery from these angles and confirmed with audio that they are there to snoop top to bottom. The sitter stays in the common areas while the snooper goes around. What should I do and what are my options? Missouri, USA. [link] [comments]  |
| Coworkers shared my nudes without my consent and just found out Posted: 17 Sep 2021 09:01 AM PDT cross posting Hello everyone I'm seeking advice on what could be possible in this situation. In 2019 I worked at AT&T and worked with mainly men towards the end. Only one of them made us uncomfortable at time but otherwise I trusted them and would sometimes leave my phone unattended while I went to the bathroom. Well I found out recently from one of the guys ex-girl friend that my manager at the time somehow unlocked my phone, went through my messages with my husband (then fiancé) and gave the phone to a coworker for him to take pictures of the nudes I sent to my husband. They then sent out my nudes amongst themselves. The ex girlfriend gave me proof that it was in fact my pictures. The only other girl that I worked with at the end became a friend of mine and told me that one of the guys quit because he had written down an underaged girls number and texted her without consent after hours, the guy that took the pictures of my nudes quit, and the manager got fired for doing the same thing to a customer while she left her phone to transfer documents to her new phone. I felt physically ill after finding this out. I trusted them and the guy that took the pictures went to the little after party my husband and I threw after our wedding. My husband and I tried to file a police report and they said they couldn't help, we tried to contact our district attorneys office and they wouldn't help because my husband is military and said because we are stationed somewhere else that JAG had to help when they don't even handle this stuff. At this point could a lawyer help at all? It gives me anxiety thinking they probably still have my pictures and what they could have done with them. [link] [comments]  |
| My previous employer is holding my paycheck Posted: 17 Sep 2021 06:20 AM PDT (Texas) I was terminated last Wednesday because of the companies owners personal issues. It was not a pretty termination, as i had a few things to say. According to the Texas Law if you're terminated, then by law you should receive your paycheck 6 days after your termination date. Today has marked 8 days and it's also the day i should have received normal pay anyways as if i still worked there. The company is holding my pay and they will not speak to me. Besides the obvious which is getting an attorney, what else could i do? I don't have the means to afford a lawyer, especially now since my check is withheld. Any advice on how to go about this would be very appreciated. [link] [comments]  |
| Walked in on my husband in bed with another woman Posted: 17 Sep 2021 12:48 PM PDT My husband and I have been married for a little over a year (July 2020) and 2 weeks ago I walked in on him with another woman. I'm obviously wanting to file for divorce. My husband is an attorney which makes me nervous when it comes to this situation. I'm not currently employed because I was in my first year of nursing school when we got married. We don't have joint bank accounts and don't own property together. So my question is what can I do? Am I entitled to anything? Does the state of Arkansas grant alimony to the spouse who was cheated on? Am I crazy for even asking these questions because I've only been married for a year and own no property? My husband is a ruthless attorney and I'm honestly afraid to get screwed over by this asshole. [link] [comments]  |
| Posted: 17 Sep 2021 08:32 AM PDT What is my recourse? It's Texas. The lease does not specify a move in time. The complex opens early AM. I jokingly told my wife to just break in as at the strike of midnight because I believe its our apartment at that time, but that would not be far off, no? My assumption is that they literally packed the place to the gills, having the older leasee out on the day before, and are making us wait for cleaning to be finalized on the day of. Otherwise, why would they make us wait? Regardless. Is it worth having a lawyer take a look at our lease and calling the complex on our behalf? Im estimating around 500-1000 for movers to deliver it to storage then flip it back to the apartment. So either way were looking at lost stuff. Any advice appreciated. Doesn't need to be lawyer specific. [link] [comments]  |
| Can my mother legally prevent my grandmother from getting the COVID-19 vaccine? Posted: 17 Sep 2021 12:57 PM PDT So my grandmother is turning 90 in a few weeks, and some of our family are planning a birthday party for her. I found out that she hasn't gotten the covid vaccine yet, so I called her to ask if she'd like to get it. She said yes, but her daughter (my aunt) who takes care of her had told her that she shouldn't get it. (For context: My grandmother can't drive, and she has some memory loss and mental decline due to a series of strokes she suffered a few years ago. She can still have a conversation but sometimes she struggles with words and will ask you the same question 3 or 4 times. She's always been a staunch democrat, a believer in science, and back when she was fully independent she would get her recommend shots and everything....in stark contrast to the conservative/antivaxxers in the rest of the family.) I spoke to my antivax mother about the situation, and she believes the COVID-19 vaccine would do my grandmother more harm than good. She also revealed that she has power of attorney for my grandmother. She believes my grandmother is not mentally capable of deciding for herself whether to get the vaccine. But I believe she's biased due to her own views on the vaccine. My questions are: 1)Who decides in this situation if my grandmother is mentally competent to make a decision about getting the covid vaccine? 2) My mother refuses to tell me what kind of POA she has (financial or medical). Is she required to reveal that information? 3)Can my mother legally prevent my grandmother from getting the COVID-19 vaccine even if she verbally expressed interest in getting it? Edit: Location PA, USA [link] [comments]  |
| Is this abuse to special needs? Posted: 17 Sep 2021 12:09 PM PDT HELP! :( I have an IEP meeting today for my brother because we found out the school he attends does not have an actual classroom (they are outside in this heat) and makes them clean trash/restrooms. That is never what we wanted for him and do not want that for other students as well. There is about 12 other special needs students in his class. What are some tips for the meeting I can say. Also the social worker in charge of my brother's program is no help. We took notes of what she said during a phone call is that okay to say. The school is lying say they have always had a classroom when that is not true. The day my dad found out the teacher told this to my dad but the social worker is saying the teacher got "nervous" because my dad started asking "too many questions." We just want help thank you [link] [comments]  |
| Can dysthymia (low-grade depression) make you an unfit parent in the eyes of CPS/DCFS? [Illinois] Posted: 17 Sep 2021 06:13 AM PDT We have a baseless DCFS case open after a report by an incompetent psychiatrist I saw for my low-grade depression. The appointment was so bizarre and the psychiatrist so incompetent that I actually refused to pay when I left. We also have a shitty caseworker who, after the initial house visit, did literally nothing until the 59th day (last Monday) when she was scrambling to reach our relatives, references, doctors etc. Not sure what she was looking for; I'm a perfectly normal, educated, full-time dad, and demonstrably quite good at it. I just wish I had more energy. The next day she's sending us disturbing text messages—for example that our children would have to go to daycare until I "address [my] mental health issues"—but then during a phone call she backpedals and said she'll close the case, with the condition that I promise to take care of said "mental health issues". Then she says we'll get a letter in the mail and we can dispute it. Dispute what? She doesn't want to tell us. When we asked what is it exactly I'm being accused of, she literally doesn't have an answer, she's just regurgitating the standard "Substantial Risk of Physical Injury / Environment Injurious to Health and Welfare" Relevant section of admin code:
Now she's unresponsive and my wife is very anxious about the whole thing. She's been anxious for the past two months actually. I really want to tell the caseworker to just go ahead and kindly fuck off but my wife is holding me back. Is there an incentive for these workers to "get you" on something? [link] [comments]  |
| Posted: 17 Sep 2021 12:20 PM PDT On mobile, sorry I (20F) was in the dorms last year for my freshman year of college. I moved out in June. Today I got an email saying that I had been scheduled for a disciplinary hearing, due to a policy violation. Apparently, when my dorm was being inspected after I moved out, a barcode for a marijuana product was found on top of the dresser. I know that it's not mine, I've literally never smoked anything in my life. Not to mention the smell of marijuana gives me a massive headache and makes me nauseous, so I avoid it as much as I can. I never had anyone over who smoked, either. But I have no idea how to prove to at it's not mine. I have no explanation on how it got there, nothing except "trust me." The only thing I can think of is calling my old roommate and asking her to vouch for me, but I don't know how much that'll do. I have to figure something out though, I'm on a sports team and I could potentially get kicked off for drug charges if I can't prove it wasn't mine. The hearing is on Monday, and I've been in a panic ever since I got the email. Is there any way I can prove that I didn't have marijuana? [link] [comments]  |
| Posted: 17 Sep 2021 08:13 AM PDT I had an Old "Friend" who I used to talk to for the past 10 years or so. But as I grew up she stayed the same and I couldn't handle her immaturity anymore. So I blocked her on everything and It's making her angry. Since she's known me for so long she has my Address, Email, Phone number and similar information. She's been using that to try and open up dozens of accounts under my name. Every day I get emails asking for me to very my account to finish it. She's tried making an account for, LinkedIn, Ocean Spray Newsletter, about 20 different insurance companies, PINCHme, and Cupids Closet. And it sucks cause now when you look up my name you get links to dozens of different furry, porn, and troll websites. I'm getting about 40 phone calls a day now because of her and hundreds of emails. I can't stand it anymore and I want it to stop. Is there anything I can do? I am in Florida, USA [link] [comments]  |
| [WV] Contractor left tools at unfinished job site, no contact Posted: 17 Sep 2021 09:51 AM PDT Posting on behalf of family. A senior family member paid for a wide array of work in the home from a licensed contractor… things like flooring, replacing doors, replacing sinks, fixing spots, etc. The contractor did about 75% of the work and had to order some materials to finish. He left all his tools in their garage and said he'd be back. That was 12 months ago. We suspect that he has not ordered the remaining materials due to increased lumber prices probably destroying his profit on this contract, so he's just avoiding the job or doing other work. Relative has attempted contact many many times (about once a week), and the last time they have gotten any response is two months ago, when his apprentice answered the phone and said they'd get the contractor to call them back. Relative says they have paid for existing work and didn't prepay for the remaining work, so they could probably send a letter to terminate the contract at this point? But they don't know what to do about the tools, which looks like a couple thousand dollars worth of specialty tools, tool boxes, and other equipment. They are not physically capable of loading all this stuff up to take to him, and they wouldn't know where to take it anyways (it's an individual, not a big company, so company has a PO Box and he likely works out of his home). He won't answer phone calls, emails, or letters. How can my relative get this stuff out of their house without leaving themselves open to legal issues? [link] [comments]  |
| Student who Sexually assaulted me and others is back at our hs Posted: 16 Sep 2021 07:38 PM PDT I'm a 15 going to be 16 next week year old F. He is a 16/17 year old Male. I will be referring to this Guy as Joe and my friends will be Marry Hannah and Rice We are all Jr's ( year 11s now ) We are in Upstate New York Joe haves done alot of messed up crap to alot of girls in my school. One case was when I was in 8th Grade, Joe made made alt instagram account and sent unwanted Nudes to me and About 8 or 9 other girls in my grade. The School handled that And he got suspended for About a week if I recall. He also sent unwanted Nudes ones again to many girls. He groaped Me on the schoolnbus when I was 13 ( still 8th grade) he was suspended for maybe a week ones again and afterwords either I or Him had to sit in the front of the bus while the other got to sit in the back. Mostly me because he would get on the bus b4 me. He got expelled for stalking 2 girls ( Marry and Rice). He started attending our highschool again this year.. Rice and Marry also feel very uncomfortable when he is around us. I get flashbacks to him grouping me and it's something I have been struggling with since . I had a really bad panic attack the other day because of him being around , my anxiety gets really bad and I also feel really uncomfortable when he is around me and my friends. I have talked to my school office ardy about switching the classes he is in but they still haven't done it yet. Even with him in the building I feel super uncomfortable, anxious and am Always on my toes watching my back. What should I do? [link] [comments]  |
| Neighbor killed tree in my yard Posted: 17 Sep 2021 02:05 PM PDT In Oklahoma. I'll start off by saying I am a young home owner and we do our best to be thoughtful of our neighbors and we are still learning as we go. So, last year there was a major ice storm in our state (a bunch or states, really). This occurred around oct31 of 2020.This storm caused a large tree that sits in my backyard, but overhangs over the left property line, to lose a lot of branches and cause damage to the powerlines of both me and my neighbor on that side. Over the next week, we get into a verbal spat with not the owner but her father of the house on our left. He's angry saying it's our fault and our responsibility to have had the limbs on their side trimmed. I told him no it's not and that they were perfectly able to cut the trees or If they had an issue they should come to us. We didn't hear from them at all regarding the trees, but about a week later we noticed that 2 of our other trees on the right side of our property had a chainsaw cut around the base 2 inches deep. None of the trees on the left side were touched. I know it was them, but I have no proof. Admittedly, I was overwhelmed with getting my electricity fixed and moving these branches outside of my yard to get picked up. I called the local non-emergency number and said I wanted to file a report but I haven't checked up on that since. I never confronted them about it and the neighbor has since sold the home. I have the girls name from the county accessor website. I recently got a tree trimming company out and they said that the cut tree is very dead and it would cost me 800 dollars to get removed. The dead tree is leaning toward my garage but before the cut it was perfectly healthy and caused no issue. I have footage of the living tree, not sure if it matters. I just need some advice. Would you try to pursue legal action? Or should I just let it go? It's been almost 1 years but the statute of limitation on property damage is 2 years here. Tree damage when fresh Imgur link [link] [comments]  |
| Posted: 16 Sep 2021 08:07 PM PDT Edit: consulted with lawyer, have full meeting next week. I'm making a schedule of the last month when I've had her just by myself with times. Pulling video of my office because she states that I beat her when we are alone, and at the office. Her biological dad appeared to be coaching answers from her such as "Is it an open fist or closed fist?" While she is being very nonchalant about the situation. When her mom told her I wasn't coming home last night she stated "well I'm sorry that you and him had to break up because of me" while also playing with a toy and joking about the situation. We are pursuing therapy but I assumed that was larger than the scope of this forum and focused more on the legal aspect of this situation. I appreciate all who have responded. And now that I understand DFCS roll due to a couple replies, I will not be pursuing that Avenue myself. Thank you to those who added a 'why' instead of a 'don't do that'. ——————- TLDR Daughter ran away, told friends / school I beat her, cops called by me once I found out where she was, she had changed her story three times, I want to get ahead and get this done before someone calls child services. Can I do this and is there a way I should I should approach it? [link] [comments]  |
| 9 extra people moved in after I signed my lease Posted: 17 Sep 2021 02:21 AM PDT I'm renting a room in Southern California. My lease is 6 months, it started in July. My landlord lives in the house. Last month, his aunt and her 7 kids were kicked out of their apartment by the aunt's boyfriend due to a break up. So she and her 7 kids moved in. One week before that, my landlord's sister was kicked out by her boyfriend out of her apartment, and was already staying at the house when the aunt and cousins arrived. I feel very frustrated, because there are now 9 extra people living in the house, and I didn't sign up for this. They are gone in the morning, but then all of the kids come home in the afternoon and the rest of the day it is crowded and loud in the house. The kids run up and down the stairs, they yell and stomp everywhere. They use the washer and dryer almost daily, all day, causing myself and my other roommate to not have much opportunity to do our own laundry. They use the kitchen from lunch till dinner, they use my personal pans and dishes, and they take up all the space in the fridge (the only room left for me is a small corner), their stuff is all over the kitchen counter and the house. The constantly are playing loud music and turning up the TV to a loud volume. My landlord has dogs, and two of them aren't potty trained, so usually they are kept outside when they can't be watched, but my landlord is on vacation and they have been letting the dogs up the stairs, and they have peed and pooped in my bathroom 4 times this week. I don't think they are helping out with rent, and even if they were, I am just exasperated at the mess and the noise and not being able to do basic living stuff, and I'm the one who is paying to be here. I don't know how much longer they will be staying. I will talk to my landlord about it, but I wanted to know my options. [link] [comments]  |
| Virginia Landlord Withholding Security Deposit After Accepting Applications for New Tenants Posted: 17 Sep 2021 07:53 AM PDT The gist is that our landlord is not returning our security deposit for an apartment my former roommate and I vacated July 15, 2021, when our lease ended. She is now claiming she may or may not hold us financially responsible for having the apartment repainted back to the original colors since we had painted it after we moved in (we painted it a neutral gray because the walls were trashed and varying shades of bright yellow and bright red). According to Virginia state law and the terms of our lease, after the expiration of a lease landlords have 72 hours to make a "reasonable attempt" to offer a move-out inspection, 30 days to provide an itemized list of damages that will be deducted from the security deposit, and 45 days to return the remaining security deposit. We received none of these from our landlord. In fact, after asking our landlord to schedule a move-out inspection and getting one on the books, she ghosted us, then texted us later that evening saying she decided not to come into town to do the inspection (she lives in Richmond, about 100 miles south of Arlington), but instead had somebody else do it for her over FaceTime. We were not invited to this inspection. She is now claiming that, because we did not return the apartment to its original paint colors, she may hold us financially responsible for having the whole place repainted. It's true that our lease agreement does call for "providing a plan" to revert the apartment to its "original condition," and we missed this clause, but she is informing us of this far beyond the 30-day deadline that I mentioned above. So, my question is: Do the terms of our lease supersede the 30-day deadline I mentioned above? Does our landlord have a right to continue to withhold our security deposit because she has not yet decided whether she wants to have the apartment repainted or not? She has already re-listed the apartment for rent (for $200 more than we paid, might I add) with the colors we used to paint it. Should we inform her we intend to take her to small claims court if the security deposits are not returned? [link] [comments]  |
| Posted: 17 Sep 2021 12:11 PM PDT We're required to have walkie talkies while clocked in But 3 idiots took theirs home and never brought them back, so now the manager is making everyone give her either our car keys or cell phone before giving us a walkie talkie as collateral for returning the walkie And if we refuse we're not aloud to work. It feels incredibly unreasonable as a sign out sheet would have the same affect and identify the people who lose them [link] [comments]  |
| Posted: 17 Sep 2021 10:44 AM PDT Hey LA, got a real estate law question for you. TL;DR: We signed a listing agreement with a real estate agent, but then independently received & signed an offer for the property before the future start date specified in the agreement (and before the agent did any work to list or market the property) - she still wants her commission. We were getting ready to sell our home in Colorado and had started working with a real estate agent. After we got in contact with her initially, she came by to see the home and gave us a few tips about things we could do to get ready to list. A few days later she sent over a listing agreement (exclusive right to sell), which she called to review with us and then we all signed (9/8). The plan was for us to take a week to make a few changes to the property, and then the agent would have photos of the home taken (9/15) and list the property the next day (9/16). For that reason, the listing period specified in the contract is 9/16/21 to 3/16/22. All clauses in the contract that reference any dates refer back to this listing period. Over the weekend before any of that could occur, we were out walking our dog and ran into a neighbor. We mentioned that we were going to be listing the house soon, and she got excited and said her daughter had been trying to move to the area and would definitely be interested in buying our house. Her daughter is a real estate agent, and could draw up the contracts and save us from paying real estate fees! Great, we thought! Let's go home and review the listing agreement we just signed to make sure it won't interfere with this plan. The listing agreement was pretty boiler plate, and had a few clauses relevant to this situation - it specified that any conversations with an interested buyer needed to go through our agent after the listing period began (9/16), and commission would be paid to the agent upon the sale of the home within the listing period. Since the listing period had not begun, we figured this was a fortuitous opportunity that would save us some money, and we proceeded. We received the offer with the neighbor's daughter on 9/15 and contacted our agent saying to cancel pictures because we were no longer going to move forward with listing the house, and that we would like to terminate our listing agreement. We were honest about the course of events, and let her know we would be happy to pay for any of her time spent or expense incurred thus far. We didn't want her to think we had intentionally wasted her time, and figured it could only be a small invoice since we'd only known her for a few days and she hadn't done anything to market or list the property yet. After we had that conversation with the agent and sent an email to her saying the same, we signed the offer. The agent called back with her managing broker on the phone who insisted we owe the agent 3% commission. She claims we breached our contract even by talking with our neighbor, and that even though the listing period had not begun yet, the "nature of the contract" is that once she's our agent, she gets paid. We feel like the nature of the contract is to protect the agent so that after she lists the property, spends her time/money marketing it, works with interested parties, etc., we can't wheel and deal on the side with someone who found the property due to her efforts. This offer came to us completely organically, before the property was even marketed or listed, and the agent was not involved in any step of the process. And aside from the contract's "nature," the language in the contract seems pretty straightforward to us that we're in the clear because the listing period had not begun. Anyway, who is correct here? We are mainly wondering:
Any advice is much appreciated! [link] [comments]  |
| You are subscribed to email updates from Legal Advice ~ A place to get simple legal advice*. To stop receiving these emails, you may unsubscribe now. | Email delivery powered by Google |
| Google, 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States | |
No comments:
Post a Comment