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Brad Kenneth Saunders

Brad Saunders’s Answers

4 total

  • Under NY State law, Company "A" enters into 2-yr exclusive consulting agreement with Company "B" who pays "A" a monthly fee.

    Company A agrees to provide work & services excvlusively to " B " utilizing its proprietary models to help " B " enhance their proprietary models , and potentially build new models from a collaborative effort . As a result , " A " s ...

    Brad’s Answer

    The answer depends in part on what the contract states. The contract in question may address this situation. From the small amount of information provided, and assuming "A" had the right to use its proprietary model in the first place, there does not appear to be a reason why "A" would not be entitled to continue use its own model without the enhancements. However, the contract may assign rights to "B" or restrict rights in "A". You should have an attorney review the language in the contract.

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  • Can I cancel a contract based on that the provider hasn't done anything (and I mean I'm still out of service) in 18 months?

    I signed a 60-month contract for voice and data fiber optic at my office on 09/01/2011, it's been almost 18 months since then and I'm still out of fiber optic. No installation has been done to date; other companies install this same service in 3 ...

    Brad’s Answer

    Your contract most likely spells out your rights and the rights of the service/product provider. Without reviewing the contract, there is no clear answer. In general, if one party to the contract breaches its obligations by not performing, the other party may be relieved of its obligation to perform. Therefore, it is entirely possible that you may be able to get out of the contract without penalty. Have you been diligent in addressing the matter in writing to the company? Have you kept a written record of complaints and inquiries would be helpful in establishing your right to terminate? I would recommend that you engage the services of an attorney to review the contract.

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  • I recently entered into a contract to have a house built and subsequently cancelled the contract.

    Is there any recourse to get my earnest money back since I cancelled? It was going to cost me $180,000 and I put down $5,400 and now it is listed for $189,900 and I believe it just got sold. Since there is no financial loss to the builder is it ...

    Brad’s Answer

    The typical "form" real estate contract, the type that is used by most real estate brokers, generally addresses the issue of whether a deposit is refundable to the buyer. The answer will depend on what the contract says and why the contract was canceled by you. If there was wrongdoing by the seller, you might have recourse against the seller. However, you should refer this matter to a real estate attorney to obtain advice.

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  • Can i vote out an owner in a corporation

    he has been taking money from the register, and racking up charges on the company card, everyday spending money and given me no reasons why, we do have a third meber on the board, can we simply vote him out...

    Brad’s Answer

    You cannot simply "vote out" an owner of a corporation in the same way that you might be able to vote out a director. However, you (and the company) may have certain causes of action against the owner for the actions he/she has taken. Shareholders owe certain duties to each other, and the violation of those duties can, in certain instances, impose liability on the shareholder committing the wrongs. You should contact an attorney who represents corporate matters to get more specific advice and to let you know what the best course of action will be to rectify the situation.

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