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Robert P Dickson

Robert Dickson’s Answers

34 total

  • I lost a 100K+ job because the recruiting company has a totally unacceptable non-compete policy. Please help!

    The recruiter wanted me to sign a non-compete policy which would ruin me. I have lost my job and potentially they have destroyed my reputation with the hiring manager!

    Robert’s Answer

    I agree with my colleagues who have already answered the question. A non-compete clase (or non-compete agreement) has limitation in the law particularly related to certain types of professions (especially if they're licensed by the state). Depending on what industry you're in, you may be able to look to the RCW (Revised Code of Washington) to see if that provision of the agreement has violated the statute.

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  • Is it illegal or legal to be in Amway business? it's considered as being partner with them

    I'm international student who has F1 visa. I'm thinking about getting in Amway. I did many research online about amway. As i know so far Amway is not a scam even they use the pyramid. The main point is being IBO (indepedent business owner) that wh...

    Robert’s Answer

    Unlawful.

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  • I was supposed to get a check please help ! ! ! information is below !

    Hi , I was in an accident about 17 - 16 years ago & i was supposed to get a check when i turned 18 . . Problem is I went to the court and they had all my files but they couldn't get into where the bank was , or is . . . ( blocked acc...

    Robert’s Answer

    So, you were it were in a car accident when you were one or two? If you are entitled to funds, that probably means that your parents were involved somehow as well. I would discuss with them whether or not they have the pertinent information. You should be able to look up under your parents last name for records, though I don't know if they will be available online given that it is been so many years. You may want to go to the courthouse directly and see if you can't pull any file that has your name on it. It may be that the check was deposited into the Registry of the court. Also, you can look up the attorneys information based off of the documents that he signed 17 years ago. He should include his bar number on that document, and even if he is retired, you should be able to find him somehow.

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  • Can I still move out without breaking my lease?

    My furnace has been out for three weeks . I was advised to give my landlord a 48 hour notice telling him that if he did not fix it I would be moving out and suing him for the damages . The 48 hours had passed and it still was not fixed . I went...

    Robert’s Answer

    You could make an argument that the lease was already breached, and that regardless of when he is choosing to fix the furnace now, that does not alter the fact that the lease is already breached. Now, practically speaking do you still want to move out? That is a question you'll have to answer by yourself, but if it is otherwise impossible to turn back from the other location, then I would recommend moving. They're in mind, that I'm sure your state has specific residential landlord tenant laws that you will have to abide by, so I would recommend talking to an attorney that is local about that.

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  • Can someone get a contract with you without signing anything

    progress energy is making me pay for a light pole that i had put on the land and house i was renting because of people breaking into homes now that i moved somewhere else i have to pay for a pole i don't even have its in someones else yard the nev...

    Robert’s Answer

    This may not be an issue that is specifically "contract" related. It appears to me that this may be an issue that is more suitably handled under a government or administrative legal issue. In other words, it is not uncommon for public improvements to be assessed against certain property owners who benefit from those improvements. For example, if a city comes in and constructs an entirely new sewage system in front of your house, it is uncommon for them to then levy an assessment against your property (sometimes in the form of a lien).

    If you want to challenge the validity of the lien or assessment, there might be an administrative process that you need to follow in your locality. Now, I am licensed in Washington state and not North Carolina, so I would encourage you to take this matter up with a local attorney there.

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  • What kind of lawyer could help advise of my rights in regards to Home owner Sacs and them violating my rights I had at closing .

    we thought the county required us to form an HOA but it didn't happen until 5 years after all lots closed . We were for an HOA because we were uninformed . Most agreed because of one owner who refused to follow the CCR's and to organize the pond...

    Robert’s Answer

    There are a lot of moving parts to your answer. I assume that your broader question is what to do about an HOA leadership which seems unwilling to live up to its obligations requiring them to enforce the CC&Rs and other HOA rules.

    The first rule in dealing with HOA disputes is to look to the founding documents (Bylaws, CC&Rs, etc.) and see whether the proper procedures are being followed in the execution of their responsibilities. Often times, the procedures outlined in the rules aren't followed and it provides a good piece of leverage with which to push or compel some type of change of conduct. I often find that homeowners associations tend to act first, and follow the procedure second. But that is just a hunch.

    Unfortunately, there may be little you can do to really improve the behavior of your board or HOA leadership. In reality, the homeowners association bylaws and CC&Rs are difficult to get around. Something you might want to think about doing is investigating how a vote is conducted within your neighborhood (which is subject to the HOA provisions). If there is a way to implement a vote directly, to the homeowners without going through the board/leadership, the perhaps that is a route you could take. It may take more time, and ultimately be more costly, but at least it will be doing something.

    Overall, HOA disputes are routinely bitter and highly polarizing to those within the membership of the association. Before going forward, I would make sure that I have a solid group of allies that will back you up in your efforts.

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  • Bona fide earnest money . Affects on tenant under this stipulation

    When there is an bona fide earnest money agreement , I understand that the ALTA is not in effect . My question is , what behaviors , then , should be expected from the tenant that are different from what is expected in the ALTA ? The same qu...

    Robert’s Answer

    It is difficult to answer your question without more data. It appears that this is an issue with transferring property that already has an earnest money agreement signed, but that involves the tenants whereby an ALTA was obtained. You may need to provide more information for a more detailed answer.

    However, there is one big issue that I saw in your paragraph which you may not have anticipated: in Washington state, you cannot purchase property on a mere gentleman's agreement or, "handshake." It must be in writing. This is due to the statute of frauds, which requires that for certain leases (with a duration of greater than 1 year) and transfers of property especially, that they be in writing, acknowledged (which means notarized), and signed by the granting party.

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  • Property management misrepresented our terms for rental, but the contract is already signed. What can we do?

    We recently hired a property management company to rent our house. They sent us the signed 2 -yr contract which contained items we did not agree to pay for. Listed below: (a)The contract stated that we were responsible for the water bill. (b)Th...

    Robert’s Answer

    To me, this seems like a conflict between what the principal (you) and the agent had agreed was the extent of the agents authority. I would go back and look at whatever agreement you have between you and the property management company. Though I doubt it, there may be provisions contained with in that agreement which provides them latitude when determining those types of provisions with a prospective renter.

    The next natural question would be, did you sign the agreement after they had secured a renter candidate? In other words, you might have a problem when it comes to contesting those provisions if you have an opportunity to read them, and signed the contract anyway. Overall, I find it highly unusual that a property management company would, anyway, surreptitiously insert their own blend of provisions without clearing it with you. If you had an opportunity to read and modify the contract before you signed it with the new renter, then you may be out of luck.

    Bear in mind that I am not licensed in Nevada (I'm licensed in Washington state), but the world of contract law really isn't super diverse when it comes to these types of things. I would still contact a local attorney for a quick phone consultation to see what that person's sense of the situation is. You're bound to be able to figure out what your options are pretty quickly. It appears as though you already have a fairly good sense of the way contracts and landlord/tenant law works. In fact, you may want to consider consulting a real estate attorney, as they may have a more detailed understanding of what Nevada's residential landlord/tenant regulations look like.

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  • Is it legal for a leasing company to report a vehicle stolen while its under a civil litigation in court .

    My husband leased a vehicle with an option to buy from a leasing company in Miami Dade Fl after putting 40% down payment & making monthly payments the leasing Co . decided to no longer accept the monthly payments and after the last payment 4...

    Robert’s Answer

    This sounds like an interesting situation. The short answer to your question is that you should consult an attorney from your state. Be that as it may, I find that it is highly likely that if there is a dispute over the "res" of a contract, that he court would countenance using the criminal justice system to get around it's pronouncements.

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  • My landlord will not provide me with a copy of my lease . what do i do ?

    we have asked him multiple times to provide us with a copy of the lease and he still hasn't complied . He never gave us a copy of the lease . we are trying to move out of the home and want to do this by the book so he gets paid and so we can get...

    Robert’s Answer

    My colleague is correct. It should be said that there are varying levels of advanced notice required. If the landlord is seeking to do an inspection of the property, he or she must provide 48 hours notice. If they're looking to sell or lease the property to a new party, then 24 hours notice is sufficient.

    The problem with showing up randomly (and often, as it appears) to engage you or the people that are are visiting you, may be a breach of the right of quiet enjoyment of your rental and constitute a constructive eviction.

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