Irvin A. Mermelstein's Answers

Is a verbal agreement void if the other party doesn't keep their part of the deal and involves blackmail on their part?

I think the contract with the company is void because it can't be performed within 1 year. Under Michigan Statute (known as the statute of frauds), no such contract can be enforced. The titlle of the statute, btw, does not mean that the company is defrauding you--it just means that putative contract is voidl I would, however, call your credit card company (if its not too late) and tell them the charge is contested because the payee does not have written permission to hit your credit card....

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I sold a model a for parts , the man paid but never picked up , now 10 months later he want to pick it up.

I think two things are going on here. The first is the sale. Once the buyer paid you, the car became his. When he failed to collect the car, another relationship was created called an involuntary bailment, which just means that you are the custodian of an article for someone else. Under these facts, you are entitled to reasonable compensation because you kept and stored (and I guess moved around) the car. I am not saying that you would not have had a right to abandon the car, especially given...

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I was pressured and manipulated into a contract for roof repair.

I do a lot of work on homeowner complaints against contractors. It is difficult to give you a very good answer without seeing the papers you signed. My first question in looking at your papers is whether you have a basis for a complaint to the Bureau of Commercial Services/ Enforcement Division in Lansing. This is a headache for the contractor (cheaper for you/more expensive for the contractor), so it is good way to get some leverage in negotiation with the contractor. Its hard to get a...

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What happens when a RV dealer breaks the contract?

I am assuming that you did not take possession of the RV. As I understand your question, you and the dealer and signed a contract with financing terms (and a monthly payment) that the dealer turned out to be unable to deliver. I am also figuring that the financing was being provided by the dealer through one of the lenders that the dealer deals with. I don't see any complications here, assuming that the dealer still has possession of the RV. If you do not want to do the sale with different...

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Can a sales man lie to get a sale, and then be protected by the contract that the customer signs?

This is a somewhat complicated question. First, you need to know if there a "merger clause" in the contract--usually at the end--that says that the signed contract is the whole contract and nothing said or represented before signing the contract means anything. If there is a clause, then you have a respectable argument that talk before contract signing is no relevant. If the problems of the customers is just that the location isn't what was expected, then your disclaimer may be adequate, and...

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Terms of plea

There are a couple of things I'd like to know. First, were you violated and if so are you in jail. Second, what kind of relationship did you have with your PO? Did you have a good record, but did not complete because of a single or technical violation? Felony or misdemeanor? Your age? As you see, there are really a lot of factors here and you should get yourself a good criminal lawyer (if you can afford one) to sort this out with you.

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If I gave a lawyer a retainer fee and I didn't sign a contract. Can I get my retainer fee back? I changed my mind about using

Yes, you are entitled to your money back. Lawyers are not entitled to a fee if they have done no work. If you terminate the lawyer, he or she is only entitled to the reasonable value of your services. But this sounds like a situation that you should be able to work out amicably with the lawyer.

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If you put legal description of property in purchace agreement are you covered legally?

Unless your title search (which you will need to get title insurance) turns up a problem with the title of the seller, you should be fine if the purchase agreement accurately and correctly describes the two lots and is otherwise in good shape.

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Can I evict my tenant if she is my ex wife and renting my property and we have no rental agreement and I want my property back?

Consult your divorce decree or settlement agreement and make sure there are no provisions there relating to the lease or the property, insofar as your wife is concerned. If there is nothing provided, she is your tenant like any other. Techically, you can serve a seven day notice to quit, if she is behind on rent, but I think that is asking for a headache. Arguing with your ex-spouse in court about the terms of an oral lease is not the path of least resistance here. You can serve her with a...

If I have a new contract from a company and I make a handwritten amendment in the margin is this legally binding

If you make a marginal change and both parties agree to it, then it is likely binding. The procedure is to make the change in the margin, or make any deletions involved, and have both parties initial EACH change and date it. But if you are asking whether you can make a marginal change of your own, without agreement from the Company, then the answer is that it has no legal effect on the contract. If a two year non-compete is involved, and that is going to be a significant problem for you, I...