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Mark S Britton

Mark Britton’s Answers

136 total


  • Contract to Build a Home

    I entered into a contract to build a new home after being pre-approved by the builder, and put $2,000 in earnest money down. Five months later, just two days before we were scheduled to close, the builder came back and said that our finiancing had...

    Mark’s Answer

    Thanks for using Avvo. I am Mark Britton, the CEO at Avvo. I am also a lawyer. Bc we are receiving so many questions right now, it may take longer for some of our loyal Avvo lawyers to get back to you. In the meantime, I wanted to offer some preliminary help. Please keep in mind that I am not a AZ lawyer, and to get a definitive answer on this you should consult a top Avvo-rated lawyer in your area.

    Presumably you had a contract with the builder, what does it say regarding return of the earnest money? If it says that you entitled to receive it under your circumstances, then I would send the builder a certified letter setting forth your understanding of the facts and demanding back your earnest money. If the builder does not comply, then you could file a suit (representing yourself) in AZ small claims court. Here is link to info on AZ small claims proceedings.

    http://www.supreme.state.az.us/info/brochures/smclaims.htm

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  • Retail Law

    Is there a federal law that says that a person cannot return a PC game that has been opened?

    Mark’s Answer

    Thanks for using Avvo. I am Mark Britton and I am the CEO at Avvo. I am also a lawyer. Bc we are not in Alabama yet, you may not get a response from one of our loyal Avvo lawyers. Still, I wanted to offer some help. Please keep in mind that I am not a Alabama lawyer, and to get a definitive answer on this you should consult a lawyer in your area.

    Anyway, there is no federal law dictating return policies for retail merchants. There may be an Alabama law, but I doubt it. It is up to the merchant to decide whether they want to do this for you.

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  • IRS payment personal check writing for less to accept payment in full.

    If I owe money to the IRS and I write them a check for what I feel is fare which would be far less than what I owe. I write in the memo/for part of the check if cashed payment in full accepted. Would that work or no? Or what would I have to put on...

    Mark’s Answer

    You could attempt this, but it is doubtful that it would work. Courts have generally held that where a debtor (you) tenders a check to a creditor (IRS) as payment in full for less than the amount alleged to be owing on the debt, the creditor may accept the check as partial payment, so long as the creditor reserves its rights in a manner that clearly and explicitly notifies the debtor that the check is not accepted as full payment on the debt and that no accord and satisfaction has been effected.

    In other words, the IRS will cash your check and then immediately send you a letter saying you owe the remaining amount. By cashing the check, they have not accepted your terms.

    I suggest you pay your taxes in full. It will cost you much less money and time in the long run.

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  • How do I get my deposit back?

    Gator Chrylser took my down payment of 1300.00 but did not give it back when they could not get financing. How do I get my depost back?

    Mark’s Answer

    Thanks for using Avvo. I am Mark Britton, the CEO at Avvo. I am also a lawyer. Bc we are receiving so many questions right now, it may take longer for some of our loyal Avvo lawyers to get back to you. In the meantime, I wanted to offer some preliminary help. Please keep in mind that I am not a FL lawyer, and to get a definitive answer on this you should consult a top Avvo-rated lawyer in your area.

    First, presumably you entered into a purchase contract. What does that say about returning the down payment? I would understand what the contract says before proceeding.

    Considering the amount, I would sue the dealership in small claims court. A website for FL small claims is below. However, bf doing that, I would send them a registered letter which sets forth all of the facts and demands repayment of your deposit per the terms of the contract. If they do not respond, this will help the judge decide in your favor. If they do respond, at least you will know what their arguments are.

    In the small claims proceeding, the judge will rely almost exclusively on the purchase agreement.

    http://www.fllawonweb.com/SmallClaims.htm

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  • Taxable vs. non-taxable settltments

    what kinds of settlements are not taxed besides injury?

    Mark’s Answer

    Could you repost your question specifying a type of settlement? There are many different types of settlements out there - for example, you could settle on child visitation rights and those are obviously not taxable.

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  • Personal taxes

    We live in st.paul,mn. and the state placed a levy on my husbands wages and 1 week ago the IRS came in and cleaned out our checking acct and put it negative and placed a levy on my checks.My question is what can we do? we cant afford an attorney a...

    Mark’s Answer

    I would contact MN legal aid. They may be able to help you.

    http://www.midmnlegal.org/RTF1.cfm?pagename=Legal%20Aid%20Society%20of%20Minneapolis

    I think you the IRS and state are taking so long to get back to you bc there are so many other folks in your position right now.

    Hang in there.

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  • Property taxes

    i was left a house in a will and i don't want it am i responsible for the taxes

    Mark’s Answer

    Thanks for using Avvo. I am Mark Britton, the CEO at Avvo. I am also a lawyer. Bc we are receiving so many questions right now, it may take longer for some of our loyal Avvo lawyers to get back to you. In the meantime, I wanted to offer some preliminary help. Please keep in mind that I am not a GA lawyer, and to get a definitive answer on this you should consult a top Avvo-rated lawyer in your area.

    Still, yes, in almost every case you would be responsible for the taxes. If you really don't want it, you can decline the gift (talk to the executor of the will), but why not sell the property and simply recoup your tax payment plus a profit?

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  • CO-SIGNING CONTRACTS

    MY MOTHER LIVES IN LOUISIANA, IS 77 YEARS OLD AND LIVES ON A FIXED INCOME. SHE CO-SIGNED A NOTE ON A TRUCK FOR A RELATIVE. SHE SAID SHE DID NOT KNOW WHAT SHE WAS SIGNING. THE TRUCK HAS BEEN REPOSSESSED AND NOW MY MOTHER IS BEING SUED. SHE SPOK...

    Mark’s Answer

    Thanks for using Avvo. I am Mark Britton and I am the CEO at Avvo. I am also a lawyer. Bc we are not in LA yet, you may not get a response from one of our loyal Avvo lawyers. Still, I wanted to offer some help. Please keep in mind that I am not a LA lawyer, and to get a definitive answer on this you should consult a lawyer in your area.

    Still, I agree with advice that you have already received. If your Mother has all of her facilities and she signed the note, then she is obligated to pay. The only way to avoid such an obligation is to file bankruptcy.

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  • Substance abuse coverage claims with insurance companies and facility filing them.

    I insured my daughter with humana following an addiction problem that needed in patient stay. Prior to adding her to my plan (which cost an additional $900/month) I spoke in depth w/Humana about coverage details and decided to bring her to a faci...

    Mark’s Answer

    Thanks for using Avvo. I am Mark Britton, the CEO at Avvo. I am also a lawyer. Bc we are receiving so many questions right now, it may take longer for some of our loyal Avvo lawyers to get back to you. In the meantime, I wanted to offer some preliminary help. Please keep in mind that I am not a IL lawyer, and to get a definitive answer on this you should consult a top Avvo-rated lawyer in your area.

    It sounds like the confusion comes in bc you assumed it would be "in patient." It sounds like the insurance company is simply following procedure (no matter how frustrating that procedure is). So, your only claim would be against the facility for not properly reporting her care to the insurance agency. I would contact an insurance lawyer to better understand what the facility's reporting obligation is to both insurer and insured. The fact that you were so surprised by the size of the bill is concerning.

    Here is a link to the top Avvo-rated insurance lawyers in your area:
    http://www.avvo.com/search/lawyer_search?q=insurance&loc=chicago

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  • How do i remove this person from the premises?

    50% of a business was signed over to me by the owner on a signed bill of sale now she has bought the other 50% and believes the 50% she signed over to me is no longer valid and refuses to leave, how do i get her out? is the 50 % still mine? Howe...

    Mark’s Answer

    This is a duplicate question. See the answer here:

    http://www.avvo.com/legal-answers/how-do-i-remove-this-person-from-the-premises-16464.html

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