Mark Holmes's Answers

Is this contract binding and do I have to pay even if I determined I dont need their services?Can I get out of this?

This is a difficult question that no lawyer will be able to answer without reviewing the agreement you signed. Many such agreements allow you to cancel; but impose a penalty. You might read the contract carefully to see whether you have any way of getting out of the contract on that basis. Another avenue is to call the exterminator company; explain the situation; tell that they you understood that you had rats and signed a contract on that basis. Ultimately, you have discovered that you have...

1 person marked this answer as helpful

How do I protect myself from an unhappy uncooperative client?

Hi. This answer should not be considered specific legal advice, nor does it establish an attorney client relationship. Your situation is the exact reason why contractors should have well-drafted contracts that clearly state the contractor's and the client's duties and obligations. Before I could comment on the rest of this question, I would need to consult with you; see the job, if at all possible; and try to speak to the owner or the owner's counsel. This is a situation that could have been...

How long of a warranty should I ask for on a replaced computer that a pawn shop broke or should i ask for a new computer?

Hi. This answer should not be considered specific legal advice, nor does it establish an attorney client relationship. However, usually the law requires that a business, like the pawn shop, compensate you for damaging property left with the business. Usually, the business tenders the claim to its insurance company, which settles the claim with you by paying you the fair market value of the computer -- trying to find one just like the one that broke is usually difficult, if not impossible. If...

Paid for a yr contract at a gym, business was sold. Is the new owner obligated to honor the contracts, including refunds?

This answer should not be considered specific legal advice, nor does it establish an attorney client relationship. However, it is important to understand what is meant by "the client were moved over to the new gym/location/business." Usually, most such business sales are done as asset sales; and an integral part of most such asset sales specifically transfer the customer contracts as part of the assets sold; and as part of the obligations that transfer with those assets. Consequently, it...

A prospective landlord breached a verbal agreement and I would like to sue him for it in small claims, do I have a case?

Hi. You have placed yourself in a very difficult position as a result of taking action with respect to a piece of real estate -- a leased property -- without having the landlord sign your written offer. If the landlord had signed the offer, you would not be in the predicament you are in now, which is a bit of a mess. Nevertheless, you mention the landlord verbally agreed to your terms; and even allowed you to go thorugh the premises to take measurements and pictures to prepare for the...

My mechanic and me did a verbal agretment but he is not doing his part I don't know how to resolve this?

Hi. If I understand correctly, you have agreed to give a motor home to a repairman; but only if he puts a new transmission in your Mercedes Benz. At this juncture, he only has possession of RV; and he has not done any work on your car. If you do not want him to do the work, and he has not done any; you can always ask for the return of the RV and the $2,000 you gave him. If he refuses, you should probably see a lawyer, who should send the repair person a letter confirming the repair person...

Can a non lawyer work on contingency for a client involved in a lawsuit?

Hi, It is not clear what you are asking. If you are asking whether you can enter into an agreement to represent a client in a lawsuit, even though you are not a lawyer, the short answer to this question is -- No. You will not be allowed to represent any client before the courts of the State of California unless you are licensed as a lawyer. However, if you are asking whether you can work for a client who is involved in a lawsuit; and provide graphics services to the client involved in the...

What legal contracts, documents etc.. do I need to run youth yoga classes at my health club?

Hi, You are in a very risk and claim-prevalent business. Therefore, you need a customer contract that has a specific set of terms and conditions. These terms and conditions should include a description of the kind of activity -- you are mentioning at least three -- yoga, dance and martial arts. The more specific the description of each activity the better. You also need to explain that there are risks inherent in each activitiy; and explain what specific risks are involved. You also need to...