Thomas Meyer’s Answers
289 total
Can a piece of property be sold when recorded that a piece go to there children, but new paper says change of mind.
Thomas’s Answer
Impossible to say without first reviewing all the documents which control the ownership, sale and transfer of this property.
If I have my money order dated for the 5th but turn it in after the 5th can they still charge late fee?
Thomas’s Answer
Generally speaking, if you are required to make a payment by a specific date, it likely must be received by the other party by that date. Read your contract (loan agreement?) to determine what is required in your case. sometimes it might say its timely so long as its "postmarked" by the deadline.
Am I required to pay for builder upgrades on my new home if I never selected those upgrades?
Thomas’s Answer
Of course, you would have to read the Home Price Disclosure and all other contract documents carefully to see what's allowed. If I understand you correctly, in the end, the price you paid for the home did not change. You signed a contract for a home with impact windows and that is what they have or will build for you. Is it your desire to save money relying on the Price Disclosure, to get the home without the impact windows now that the developer is offering to build with standard glass? You can't have it both ways, meaning you couldn't expect to get a 30K price reduction and still get the impact windows. Either take it as is or ask to remove and replace impact windows for standard glass.
What do I do they wont put up my gutters?
Thomas’s Answer
This is a contract disputes over who agreed to do what when. Did you get a written agreement in which the company wrote and agreed to provide and install the gutters as part of the price they charged for the roof and solar panels? Does the contract provide when final payment is due, presumably not until all the work (including the gutters) is completed? If so, then tell them you will not make the final payment until they replace the gutters. Caution - they might disagree and seek to file a lien against your property which you would have to sue to remove. Best advise right now - Christmas is over and we are not in rainy season so just keep bugging them. You might consider holding back a little money to cover the costs of the gutter should they continue to put you off.
Can a company legally force me to remove the work I posted even though there is no contract and they had given me the approval?
Thomas’s Answer
People have a right to protect and regulate how their intellectual property is used by others, which includes how others might use it on social media. From the limited information you provided, it doesn't seem that whatever verbal agreement you had with your former company addressed how or when you could post intellectual property on social should you later leave the company. If so, then you really have no agreement / permission to post after you quit. The fact that the company has already asked you to remove the posts is consistent with there being no agreement to continue to post and its apparent that the company is willing to fight. Win or lose, is it really worth it for you to join in this fight?
Real estate - Commercial Property. What is the breakdown of a Manager's monthly %?
Thomas’s Answer
Over the past seven years, did you ever prepare and reduce to writing your 10% agreement? Look what that says first. If you have nothing in writing to specify how to calculate the fees, then you and your property manager are free to negotiate how to do it. Even without a written agreement, over the past seven years, you might have established a pattern and practice how to calculate these fees and that practice alone could itself be held out as an implied agreement. If you do not agree with the calculations, object ASAP, negotiate, reduce your terms to writing and make sure you and the property manager signs it.
Can I sell my home while behind 4 payments, in pre-forclosure? West Palm Beach, FL
Thomas’s Answer
Legally, yes, you have the right to sell your home, but practically, you will need to find a buyer willing to assume your position and face the same risk of foreclosure that you face if the loan is not paid off in full prior to the foreclosure sale. Time is of the essence and such a negotiation is best managed by a lawyer.
Can you cancel a contract on a car when the dealership fails to provide the vehicle within 6 weeks of purchase?
Thomas’s Answer
Is there an actual vehicle, i.e. VIN contained in your sales contract, or is the actual vehicle yet to be manufactured and/or located? You will have to read the contract carefully to determine how long you are contractually obligated to wait for the vehicle to be produced, found and delivered to you before you could declare a breach and seek a refund. Why don't you talk to the dealership and tell them, as far as you are concerned, you waited long enough and don't want to wait any longer. You want your money back and you want any resulting loan cancelled? If they refuse, then hire a lawyer to fully assess the situation and enforce all rights you have concerning the sale of the vehicle and the loan.
Does a spouse have to legally keep paying on a loan if the husband is in jail?
Thomas’s Answer
I understand that you borrowed money from a bank, signed a promissory note and gave the money to your uncle to pay his attorney. You then reached some understanding with your uncle's wife for her to make the monthly payments that you are required to make to the bank to repay the loan. If your uncle's wife then stops paying, you could try to sue her based on whatever specific understanding she has now breached. Keep in mind, regardless of whatever understandings you have with your uncle or his wife, the bank is not a party to any of this, meaning you and only one remain liable to the bank to repay the loan.
L am selling my property and would to know if a grace period mandatory on a private first mortgage?
Thomas’s Answer
Grace periods are negotiable. You also need to add a late fee to any payments not made within the grace period you negotiate. You really should have a lawyer draft and properly record such a note and mortgage for you, especially in case your buyer doesn't pay it off as you expect and you then need to sue to enforce it.