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Robert Lloyd Mauger Jr
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Robert Mauger’s Answers

1,173 total


  • Do I need to be worried or are my documents enough, and can he sue us for this even tho we told him what we knew was wrong with.

    We recently sold our vehicle to a private party. We told them what we fixed and that the only thing we knew it needed was a new battery. Other than that it seemed fine. They than signed an "as is" no warranty bill of sale and 6 days later are sayi...

    Robert’s Answer

    It doesn't sound like there's much risk there, based on your version of the facts and assuming that you didn't conceal or lie about the quality of the vehicle. Cars break down sometimes, and when you buy a used car, you take that risk.

    Threatening to sue is cheap and easy. Actually suing someone usually take a bit of work. You can probably safely ignore him until you hear from his lawyer or you get served as a defendant to a court case. If that happens, you should have your own attorney look over the facts and allegations and follow their advice.

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  • 1. Can we write our own document based on easements for gas pipelines & where must it be filed to make it legal?

    Our HOA owns open space on both sides of an irrigation ditch. Neighboring properties have water rights to the TID (Talent Irrigation District) water but no recorded easement across the HOA property. One of them has a pump house and infrastructur...

    Robert’s Answer

    You can write your own document. You can also perform your own root canal. If the result is important to you and you don't want to end up with bigger problems, it's often better to contact a professional. You should hire an attorney.

    Any easement agreement would likely, at minimum, need to be filed with the county to bind future owners of the respective properties to the agreement.

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  • Can they keep it

    I'm buying a home owner financing someone drove through my garage insurance company has to make the check out to them and me they're saying they're going to keep the check can they I will have the garage put back up but I invested electric and dry...

    Robert’s Answer

    I think Ms. Hays is generally correct--you'll need to look at your purchase agreement, land sales contract, or mortgage/deed of trust documents to see if there's an answer there. But there are so many pronouns and people in your question and no punctuation, that it's a little hard to track.

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  • Do I have a window of time in which to cancel a lease agreement after signing it? What rights do I have in this situation?

    I felt pressured by the apartment staff to sign a lease (online docusign) in order to avoid certain fees and rent increases, and then 2 days after signing, I decided that if was not the right apartment for me. The lease agreement indicated that t...

    Robert’s Answer

    "Fair Housing Laws" don't apply to your dispute, so I'm not sure what your landlord was talking about with that remark. Generally, once you reach 18, when you sign your name to a document, there's a presumption that what you've signed reflects your agreement and with very few exceptions, there's no "cancelation period." It's true that your landlord has discretion whether to release you from the lease, but a lease is a business transaction and releasing you from the lease costs them money--there's nothing unfair or illegal about asking you to pay a cancellation or transfer fee (up to 1.5x the monthly rent). Whether the lease couldn't be binding without a guarantor isn't clear without reading the documents. You might want to talk to your own attorney about the specifics of your situation, but it might be easier and cheaper to just find someone to take over the lease, pay the transfer fee (or ask your landlord nicely to do you a favor and waive it), and be more careful in the future.

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  • Should we consult an attorney for advice or just let it go?

    My father's estate is in probate with my brother designated as PR. My brother, two sisters and I are beneficiaries. The sisters have not had any updates from our brother or his attorney. We recently discovered that our brother is not including my ...

    Robert’s Answer

    Even if your father was alive when he made the transfer, the transfer of stock without any consideration to your brother likely can and should be set aside. A power of attorney is a fiduciary who must act in the interests of their agent, not themselves. Your brother's share of the estate should be adjusted to reflect any "gift" your brother gave himself.

    Of course I don't know how much is at stake--hundreds, thousands, or millions--but you will certainly need an attorney to help you with this and depending on how far the estate administration has progressed, you should consult with someone quickly.

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  • Can a landlord serve 3day before rent due and charge for delivery of notice fee

    For the past year we have always made arrangements for rent . Our account shows rent due on the 10th . Several times he had served a 3 day on the 7th of the month and charged a 75.00 delivery fee. We made agreement last month for half of rent on 1...

    Robert’s Answer

    The landlord probably cannot charge this fee, and even if the landlord could charge this fee, your landlord can't terminate your lease for nonpayment of the fee (or apply your rental payment to the fee and not credit it to your rental payment). If he's filed an eviction complaint against you, you should talk with a landlord/tenant attorney immediately because your landlord will almost certainly lose and will be required to pay your attorney's fees.

    The other issues regarding the habitability issues should be taken up with your landlord by giving a written notice requesting that they be fixed. If they're not fixed, after giving appropriate notice you may be able to terminate your lease, hire someone to repair these issues and deduct them from the rent, or seeking damages. You should discuss the matter further with your own attorney before deducting any payments from rent or leaving the property. Good luck.

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  • What are my rights?

    I have lived in a rental home for almost 3 years. The first year was on a 1 year lease, and the lease was renewed for a second year. The tenancy became month to month when the 2nd year ended. I notified the homeowner in 8/2015 of our plans to move...

    Robert’s Answer

    No, you're not required to help your landlord show her house, or let anyone come visit whenever you want to. The fact that she or her real estate agent assumed that you'd be up to that job is pretty insulting and I would just tell callers that you're not scheduling a showing of any homes and that they have the wrong number.

    She probably is allowed to terminate your lease on a 30- or 60-day notice, depending on what "she agreed" to by text message. You may want to discuss this with your own attorney, especially if you receive a termination notice.

    If 24 hours notice is given, you can always refuse to allow entry. You might tell your landlord to review ORS 90.322(1)(d) and if she wants to *hire* you to help her show the house, she will need to enter into a written agreement with you. Otherwise, you're not interested in disrupting your life for her prospective purchasers. Good luck.

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  • Can my mother cut anyone out of this before she dies if she wants?

    My father and mother had living wills. My father died last March and left his estate divided equally between myself and my 2 siblings but to go to my mom until she dies.

    Robert’s Answer

    Without looking at the document, it's hard to say for certain. Perhaps your father's trust or a portion of their shared trust has become irrevocable. Which would likely mean that your mom, with respect to your father's share, would be able to spend down the principal and income on herself during her lifetime, but wouldn't be able to change the remainder beneficiaries in favor of a new husband or someone else. How this plays out in your specific situation is something you'll likely need to discuss with your own attorney, although there's likely not much that can be accomplished now while your mom is still alive.

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  • Can I sue on grounds of dispossession or "trespass to chattels" for the destruction of my ID? (the tear invalidates the ID)

    I walked into a marijuana dispensary and handed them my out of state driver's license, they took it behind the desk and after about 10 minutes a lady came out explaining that they would not accept my ID because of a small curl of the plastic on th...

    Robert’s Answer

    It doesn't sound like you have much in the way of damages. I think a nice note to the company explaining the issue will probably have a better chance of getting you relief than filing litigation alleging trespass to chattels. At very least, it will waste less of your time.

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  • What would happen if I die before him?Should I put my son's name and his on my property records?Would it need a will to divide?

    Since my divorce 10 yrs ago, I am now the sole owner of my paid-for house and property. I have one son in college. My boyfriend of 6 yrs. is planning on moving in and considering building an accessory dwelling small house on the property in Beav...

    Robert’s Answer

    It's good that you're thinking about planning ahead, but a will won't change what you do with the property now. A move-in boyfriend won't ordinarily inherit property that he's not on the title to, but maybe you would like him to? You should talk with your own attorney about your situation now and in the future if your plans change. Good luck.

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