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David Merbaum’s Answers

313 total


  • Home builder attorney

    My home builder is not honoring his warranty to make repairs. Need an attorney (Chastain Park GA)

    David’s Answer

    You can call the Atlanta Bar Association and for a $45 fee you get a 1/2 hour consultation. Just tell them you want a construction attorney.

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  • Can we walk away and get our earnest money + option deposit back?

    I am building a new house with a builder. I suddenly found that the builder dug a big hole in the driveway and put the sewer clean out there. It's big, looks ugly and very obvious. They have known that from the beginning, but they didn't tell me ...

    David’s Answer

    You should get with an attorney that knows contracts, not necessarily a real estate attorney as they may only do closings. The facts need to be examined as does the contract to see if this is a breach and if so, is cancellation your remedy? Also, an attorney would want to know what relief you want...do you want to find a way out or do you want the house, but not with the sewer clean out where its located. Also, it may be that the clean out is not in a proper location and may not pass inspection anyway. Most likely its a simple fix.

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  • My parents are trying to collect on a promissory note several years old - do we need a lawyer or a collection agency?

    The borrower had been paying interest as stipulated in the agreement but stopped all communication after his business closed. My parents are in Wisconsin, the borrower is in Atlanta.

    David’s Answer

    Personally I do not like collection agencies as they often times ignore the laws and if they do follow them, they are real close to the edge. Also, a collection agency cannot do anything but harass and make calls. An attorney has all the necessary tools at his disposal. If the debtor does not pay, the attorney can simply file suit, no fuss, no muss. So get a good collection attorney and get your money. Also an attorney will know what to sue for, where to sue, how to serve the defendant and if they debtor files an answer, they should be prepared to deal with that as well.

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  • What type of attorney I need to seek

    There is a tree that is breaking up my drive way from the roots on the tree, is there any way I can get the landlord next door to pay for my drive way, the tree is on his side of the property.

    David’s Answer

    this is a trespass by your neighbor next door. I would send a demand for your neighbor to get a quote to have the roots removed and then you can reach an agreement to give him access to your property to remove the roots. You want this to be in writing and you want to know who he is hiring and you have to approve them. You also need to tell him that he will have to pay for the driveway to be repaired and that you will get quotes for that work. If he does not comply at the end of the day, you can sue for trespass and you will have to calculate your damages for court. Get an attorney.

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  • Can I call the police to get rid of my difficult room mate?

    I have been at this apartment complex for over a year, my name is on the lease; I now have a room mate who has been living with me for 3 months now. The leasing office ran a background check but I have not signed the room mate addendum form becau...

    David’s Answer

    He is probably a tenant so you must file a dispossessory, the police will not kick him out.

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  • Can a Claim of Lien against my property be filed with no notice or lawsuit, etc.?

    I purchased my home in 02/2013. Today, I received a letter stating the Homeowners Association has claimed a lien on my home for unpaid HOA fees. Today is the first day I have ever been notified that I had to pay HOA fees. I looked back through all...

    David’s Answer

    Most if not all HOA's have provisions in the Bylaws that the lien for HOA dues attaches automatically so while some HOA's do file separate claims of lien and send you a copy when it is done, most likely the lien attached automatically. Now the issue of notice that you even had to pay dues is something that should have been covered at the closing so you may want to look at the closing dox again and find out why that was not mentioned and I would also call the HOA and ask why you were never invoiced for the charges. You will still owe the money, but maybe the late fees and interest will be waived and certainly in exchange for payment, make sure the lien is removed.

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  • I was told that my landlord is selling the property and wants me gone by the end of april and i have no where to go with my four

    I dont know what to do i need questions answered please help a confused tenant

    David’s Answer

    The new owner would have to honor your lease unless there is some provision that says the lease will terminate if the property is sold. If you do not have a written lease and are month to month, the most notice you can get is 60 days. Have an attorney help you out

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  • BAD ASPALT JOB WHERE DO I NEED TO SUE? AND HOW LONG DO I HAVE BEFORE IMUST SUE HIM?

    Isnt this case a contract one? I wnat to sue a man that meesed up my driveway by doing it wrongly. Aspalt was a total mess right after it was finished holes in it and cracks all over. another paver said it was done wrongly. I need to know wher...

    David’s Answer

    So there are several questions that you must answer for an attorney to help you decide where to sue. First off, you have 6 years to sue on a breach of contract. Secondly, is your paver a company or individual or a partnership and then you need to figure out where they live or have their principal place of business because that is the county where you have to sue them. If its less than 15,000 you can sue in small claims court. If its over that, you have to go to state or superior court. You have to calculate your damages which is the the amount it will cost to repair the damage minus the balance left to pay on the contract. For example if the contract was $5000 and you paid $2500 and it cost you 2500 to fix, you have no damages. If it cost you 3000, your damages are 500. You will need someone to come to court with you as an expert to say that the job was done wrong and then you need to prove your damages. You may want to talk to an attorney

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  • My boyfriend ( ex) moved into my condo in Aug 2014. He does not pay rent or contribute to the household. Can I evict him?

    He paid for his share of the groceries/ toiletries only. I already gave him a 30-day notice which ends on May 2.

    David’s Answer

    He is probably at tenant at will so you would have to give 60 days notice.

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  • I cannot read the handwriting of the judge who dismissed my small claim and I asked few people no one can understand...is there

    anyone designated at the magistrate court who could break it down for me via email/online? I don't know what was granted to the defendant and why...but I live in a different state now and can't walk in or do it over the phone.

    David’s Answer

    Write a respectful letter to the Judge and tell him the issue and simply ask that the order be re- written so you can understand your obligations.

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