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Kevin M. Veler

Kevin Veler’s Answers

671 total


  • Developer woes

    I live in a new private rd community we have water issues that are causing road, driveway , and landscape issues , we were told by our county it is the developers responsibility to repair the leaks (3) that we know of in main lines , as well as r...

    Kevin’s Answer

    I agrfe that most attorneys will not take this as a pro bono matter (free) or even a contingency. There is nothing to prevent the group from collectively hiring one attorney to represent the group and to share expenses. You need quality legal representation and given that your homes are likely your biggest investment and often have bank debt, the cost of legal representation in light of the overall investment and the risks is not the sole factor for determination. You seemingly have a lot to lose if the situation is not addressed properly.

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  • Hello I am in the process of starting an online clothing/ jewelry store.I was advised to start a LLC corporation, my question is

    it safe to use my real name as the business name? Reason for that question is I was advised not to use my corporation to pay any of my personal bills, which is understandable. However, can I be personally sued if I use my given name? Must I make u...

    Kevin’s Answer

    To answer your specific question, creating Joe lastname, LLC would be a viable business entity with the same protections as Jewelry, LLC. That does not translate into "you cannot be sued personally." While you can create an business entity through the state on your own or with a website service that does not often provide the answers and understanding of the specific questions and issues you may face, asset protection planning, etc. For that, you need a professional, a business attorney. Do It Yourself may be possible, it may not give you the protections, assurances and answers you want if you don't do it right. Invest in good legal advice to protect what you are developing.

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  • Where do i find the latest survey for a property when the surveyor is not cooperating and i cant find it filed with the courts

    the above question has all info

    Kevin’s Answer

    In Georgia, surveys are not a standard part of Georgia public records and they are not required to be recorded in the public records. A plat map for a subdivision may be recorded. Tax records may reflect some boundary information (but may not reflect it accurately or all needed information). If you are looking for a particular survey referenced in a legal description or which was used at a closing, you may be able to request a copy from the closing attorney records or contact the surveyor for a copy. They may charge a fee to provide you a copy. If there were any zoning variance filings or other actions you may find a copy in those records at the appropriate government office but it will take some effort. You also may have a survey performed for you by a surveyor. Its not clear why you seek the "latest" survey or why someone is not cooperating but hopefully this will help.

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  • About payment schedule and important clause on the home remolding contract

    The home remolding estimate is about $12,000 and will take about three weeks. The contractor requires 60% payment at the time of signing the contract and the rest of payment after the project is completed. Is this payment schedule ok?

    Kevin’s Answer

    Whether a 60% deposit is acceptable or not is not controlled by Georgia law (unlike some other states). If you have some custom ordered material it may impact the initial deposit. There may be other reasons that a large deposit is required. However you are justified to be concerned about the deposit and should ask for an explanation. You may also want to try to pay by credit card to have additional rights. The payment schedule is something you may want to negotiate. As to other provisions, there are indeed many provisions you may want to have for your protection and you many want to confirm the state licensed status if the project requires a state licensed contractor. You are spending $12k. Fixing any errors, losing your money to a scammer, having an incomplete job, putting your home at risk are all justifications to be very concerned, YOU have a lot more at risk than just $12k and a lawsuit is often a worthless remedy. I typically advise homeowners that having a knowledgeable construction attorney review your contract can save you a lot of time and money. A review of many projects can take 1-2 hours and that small investment of a few hundred dollars now may save you thousands and thousands later. Be sure to check my website.

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  • Who is the closing attorney on a home that just sold?

    If a home just sold that is part of an estate, is there a way to find out who the attorney is that is handling the closing? Without asking the heirs? I just took my ex back to court for contempt on child support. We agreed he would pay the back a...

    Kevin’s Answer

    Generally in Georgia you would not be able to check a public record to see who the closing attorney was. You may be able to back into it by looking at the recorded documents which may be available online (in Georgia) or at the record room but seeing who is listed as the "return to" person for the deed or the security instrument, which is often the closing attorney. However AL may differ.

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  • What makes an online lease legal?

    My friend inputed her name every page when she applied for an apartment online in April. Soon after applying, she received an " online lease conformation letter" saying "thanks for applying, you now signed your online lease" attached with a so-cal...

    Kevin’s Answer

    Electronic signatures are valid in the state of Georgia. That said, there may be other issues impacting the validity of the lease or a failure to provide agreed services. To determine what course of action your friend may have, she will need to discuss her specific issues with an attorney.

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  • Cancellation clause states that it must be via cert. mail return recpt requested only, within 3 days. Can I still hand-deliver?

    Per GA contract law, notice of cancellation can be either mail or hand-deliver to the merchant. However, my contract states that notice of cancellation must be delivered via certified mail return receipt requested "only". Is hand-delivery still ...

    Kevin’s Answer

    As noted there is not a general right under Georgia law to cancel ANY contract with 3 days. There are limited rights, often in areas like home solicitations, to cancel within 3 days. You have not made clear what the transaction involves. Assuming that a Georgia or Federal law does apply, in most circumstances a contract cannot override the legal requirements. I would generally recommend that you comply with the requirements of the specific law and the contract just to be safe. Hand deliver if you want (and get evidence of delivery) but also send certified mail to comply with the contract.

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  • What can I do my neighbor is encroaching on my property? They have moved property pin, damage my fence and driveway?

    I am having issues with my neighbor about property line. My neighbor has moved the property pin closer to my driveway and has damage my fence and driveway. I had survey company to come out but in my back of my house the markers are between our fe...

    Kevin’s Answer

    It is not clear what you mean by "land shifting" and how that relates to the movement of boundaries with current survey techniques unless you have an old legal description that perhaps relies on a river bed that has moved or similar. Even then there are methods to resolve land disputes. However thie forum is not going to be able to help with your specific issue which will require that you discuss the matter with legal counsel and consider the issues, costs and benefits.

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  • In purchasing property and a home that includes my husband and mother, what is the best way to set up the deed in GA?

    I am 55; husband and mother are in 70's and 80's. We are looking to purchase 2 homes on one property or home w/mother-in-law apt. We all will participate monetarily. Due to their ages, how can we best protect this property from any claims or liens...

    Kevin’s Answer

    A general information website is not going to provide you specific information about inheritance issues, how to structure ownership for estate planning purposes, etc. Planning of this sorts requires a knowledgeable estate planning attorney who understands your specific circumstances and the issues. Getting the planning wrong can result in the potential exposure to disputes, etc. Transfers to "safeguard" assets from medical and other claims could be deem fraudulent. You are well advised to spend the money to get specific legal advice and to keep it updated as laws change.

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  • I paied for contractor. The bank ask PAIED invoice for escrow money. The contractor doesn't answer. What shall I do?

    I bought house and put repair escrow. Got invoice from contractor with his adress & phone #. Bank want paied invoice to give my money back. They advice invoice I got is not enough. What is the bank right not to give my money after it's already ch...

    Kevin’s Answer

    Hopefully you paid by check or credit card. You may want to show the paid check or the credit card charge. What you really should be seeking from the contractor is a lien release showing payment. Ultimately you should discuss with the lender what alternatives are available if the contractor refuses to respond and you do not have evidence of payment.

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