Eric Stepanov's Answers

I was pulled over for a traffic violation in nj. i had brass knuckles in the glove box. what is going to happen to me

I completely agree with the above answer. I want to expand on it a little bit without going into the intricacies of criminal procedure law. It is important to know what traffic violation you were pulled over for. You have a 4th Amendment rights against unreasonable searches and seizures by officers. The officers cannot, just because they feel like, go searching through your vehicle, unless they see suspicious items in plainview, you give them consent or other factors that built their...

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Do I have the option of canceling my lease if my landlord sells the property?

The important thing to look at in this situation is the lease itself. What does the language state? A lease is a contract and therefore both you and the original landlord are bound by it. If the landlord sells the property, the new landlord has to abide by the existing lease and cannot make modifications to it without mutual agreement. There is still privity of contract between you and the original landowner. Bottom line is that you still have to abide by your responsibilities as the tenant, i....

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Do we have a contract? and if so, did he violate it?

By law verbal agreements are as binding as written agrements as long as elements of a contract are present. The problem is it is very difficult to prove that the verbal contract exists. That is going to be your biggest problem. In order for a binding contract to take place there needs to be an offer, an acceptance of that offer, consideration and no valid defenses to formation of said contract. Here, based on the facts you present, those elements are met as you agreed to buy a vehicle from your...

Do I need a real estate lawyer to assist me buying a house in Washington

I believe retaining an attorney to assist you in purchasing a home is certainly warranted. The attorney is there for a reason: to make sure that the transaction such as this, which oftentimes involves bumps in the road, is as smooth a transaction as possible. A real estate attorney will make sure all the proper necessities such as negotiations as per price of the property, conditions of the property, respective responsibilities of the buyer and seller, documentations, mortgage documents, deed...

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What recourse do I have against the leasing company I leased my 2009 Freightliner semi-truck from?

Going through the facts you presented, I am a bit unclear as to how exactly you found out that the truck has had major electrical issues. Did the Leasing company admit to that fact? Did they provide you anything in writing to substantiate that? Was this an opinion of third party? Is that party an expert in the field? Was there a warranty that the Leasing company provided with the Lease? It is important to read the Lease and thoroughly go through the language to determine each party's...

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Frequently being attacked by neighbors, landlord does nothing.

From what you are describing this is a very tough situation for you. If the events with your neighbors occured as you have described them, then you may have a civil torts claim againt them for various intentional torts such as battery, possibly false imprisonment, nuissance, and possibly trespass. Intentional torts are civic violations upon the other for which a court can reward not only compensation for your damages you have incured as a result of the neighbor's behavior, but also punitive...

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Can I win in court if I sue tenants or landlord for making noise on their hardwood floors above my apt.?

You will need to be a bit more specific as to what exactly you are seeking in this case. Has there been damage done to your ceiling or any other area of your unit as a result of their actions? Are you looking to make them stop and not necessarily any monetary damages? Is the noise unreasonably loud? Have you given them notice that you are bothered by the noise and it is affecting your reasonable peace and quiet? Have other tenants complained? Those are important factors to consider and discuss...

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If my criminal record was sealed in Florida, and I live in Chicago, do I have to admit to it if asked?

What is important is to understand the exact nature of the way the record was sealed. In certain cases a sealed record may still be available for uncovering depending on the nature of the employmennt you are applying for and that company's/entity's methods. The important thing to do is to carefully read the language inquiring as to passed arrests, convictions, etc. Is there a questionnaire in the application that asks specifically whether or not you have certain activity on your record, or...

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What can we do. Ive trired everything I can do and I get no help. I cant afford a lawyer and he threatens me everytime

The way your question is phrased it is a bit confusing. However, I gather you are currently married and have moved to Auburn, NY with your husband and now 11 year old son. Deciding on where you want to live or where you would be more comfortable is certainly a family matter to be decided by both you and your husband/partner. The important question is how does he threaten you? If he is physically abusive or threatens physical or even emotional abuse, you can apply for a Stay Away Order (...

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How old does a child have to be to choose who they live with?

It can vary by state, however, it is important to understand that the best interests of the child is the standard in most if not all U.S. jurisdictions in determining physical custody. Therefore, if a court determines that a child, albeit still young, i.e. even 7 or 8 years of age is competent enough to voice an opinion on his/her preference, the court will certainly factor the child's preference as to whom to live with in its decision. In most cases a child's decision will not be the only or...

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