I am selling my apartment and the buyer is a real estate broker, so he represented himself. He negotiated the sale price to be less than the asking price stating that he would waive his broker's fee (3%). He communicated that with my broker in an ...
What's more important is what, if anything, the contract states about paying (as opposed to waiving) the fee. If the contract does not state that you have to pay a fee, then that's all you need. There is no requirement to pay the fee. And no waiver is necessary for something that doesn't exist in the first place. Now, if the contract does indicate that you will have to pay the fee, then you've got a problem which you should try to resolve before the closing. The email alone would not be enough to change the terms of the contract.
To sum up: If the contract states nothing about the fee, then you won't have to pay at the closing. If the contract states that you will owe the fee, then you must resolve the discrepancy now with the broker/buyer.
Marc A. Sherman, Esq.
I am an exterminator. While fumigating a hotel, I accidentally caused one of the fire sprinklers to go off. The result was a flood that caused lots of water damage to the floors in the hallway and adjacent rooms. I know I am liable for the damag...
In NY, generally, one who negligently causes property damages can be liable for foreseeable consequential damages. Even if the damages were not foreseeable, though, one might still be liable for consequential damages that in hindsight do not appear to be an extraordinary turn of events. For example, if you injure someone by causing a small cut on his arm, and the arm later has to be amputated due to a subsequent infection, such a grave injury might not have been a foreseeable consequence of whatever act caused the cut - but in hindsight, it might not be so extraordinary to absolve you of liability. In your case, it may have been unforeseeable that whatever act you performed that set off the sprinkler would result in so much lost revenue from the rooms being closed while floor replacement and abatement takes place. But on the other hand, if your act was one which bore some risk of activating a sprinkler, the consequences, in hindsight, might not be extraordinary.See question
I own the vehicle. I was a passenger in my car and injured with whiplash, I went to the er. The cops at the accident scene told me that if I claimed injury that they would have to arrest the driver because of a previous NYS parking permit that she...
As in most lawsuits, you are required to establish the defendant's liability for the accident and the damages caused. Here, liability is very much in your favor because, in New York, a driver who rear-ends another car is presumed negligent. However, as discussed above, you have to establish serious personal injury under New York's no fault law. That is, you would have to establish, generally, that you had to miss work/school for a certain period of time because of the accident, or that you were bedridden or homebound for a certain period of time, or that you suffered at least $50k in damages (such as medical bills). The information provided does not indicate that you were injured badly enough (hey - that's a good thing!). A visit to the ER for whiplash just wouldn't be enough to establish the "severe injury" threshold. Under these circumstances, your insurance company would simply compensate you and then go after the other driver's insurance company for reimbursement. This illustrates the purpose of the no fault laws, which is to keep minor accidents out of the courts (which are clogged enough) and to let the insurance companies fight their policy-holders' battles.See question
I was arrested September 27th, 2012 for Criminal Posession in the 7th with 2 others that received same charge. It was then lowered and I was then given a plea deal for 12 months probation. I took the plea deal, and then I ended up missing a stupid...
Assuming you could make a timely appeal, which seems unlikely, you should be aware that reversal of a conviction is rare - exceedingly so when the conviction is based on a plea of guilty. As to your question whether an appeal could result in the charges being dropped - the best outcome would more likely be simply that the plea is vacated, in which case the DA could still have an opportunity to try your case. Again - such an outcome, based on the info you've provided, seems very unlikely.See question
In the deposition does the defendants attorney have to be present if witnesses are being deposed
Generally, a deposition should not commence until all parties are present. Even in cases where there are multiple defendants, third-party defendants, etc., each party should be represented unless, as stated above, there is an express waiver.See question
What are they required to go over? What must be said, or how much needs to be explained?
I join in the answers of the attorneys above, and add the following: An appellate court will only consider preserved arguments and the record on appeal. What does that mean? At the trial level, parties can parties can also raise all kinds of objections and arguments. For example, a party can object to the adversary's attempt to offer a certain document into evidence, or to certain testimony of a witness. Also, parties at the trial level can offer all kinds of evidence and arguments to prove their cases or disprove their adversaries' cases. At the appellate level, however, you cannot raise any arguments that were not raise (i.e., preserved) below. If, for instance, you did not object to your adversary's introducing a certain document into evidence at trial, you cannot raise the argument on appeal that the document was erroneously admitted at trial. In addition to considering only preserved issues, the appellate court will only consider evidence that was presented at trial. This typically includes trial transcripts, pleadings, motions, etc. that were part of the trial. So even if you discovered some very compelling "smoking gun" document that was not introduced at trial, you generally cannot refer to it on appeal.See question
Paid a nanny in cash for 3 years and just wanted to know.
Your question requires elaboration in order to fully understand your needs. If, for example, your nanny is looking for another job and wants to show her employment history to prospective employers, you might consider simply writing a letter for her stating the dates of her employment with you, as well as her duties, compensation, etc.See question
I am in the stage of writing an opening brief. I have all the rules and litterature I need to start writing. Please let me know if you have any good advise as to what I should know before starting.
I join the answers of the other attorneys here, and add the following: outline your brief. Organization is key to clarity and persuasiveness. Organize your facts section logically - this may mean chronologically, but not necessarily. For example, you might organize your facts section according to witness testimony in the proceedings below. Another important thing about your facts section - resist the temptation to argue and avoid hyperbole. For example, don't state: "smith negligently slammed into the rear of my car." Instead, state: "smith struck the rear of my car." Later, in your argument section, you can state that smith was "negligent" and that, given the force of the impact, he "slammed" into your car. As for the argument section - outline each point in the following order: first, state the ISSUE (i.e., what legal issue did the court below get wrong); second, state the RULE (i.e., what laws - statutes and case law - govern the issue); third, state your ANALYSIS (i.e., apply the facts of your case to the rules); and fourth, state your CONCLUSION (i.e., the results of your analysis).See question
If a person worked in a healthcare setting for 5 years at the same desk job position and was recently terminated for alleged findings of a HIPAA violation, how can that person continue to use that institution as a reference on a resume (while appl...
The employer is not obligated to provide you with any kind of endorsement or proof of what a good worker you were. However, that doesn't necessarily mean they'll bad-mouth you if a prospective employer calls for a reference. Many employers have a policy of only verifying the dates of employment and refuse to comment on the quality of a former employee's work - whether the former employee left on good or bad terms. Since you still have plenty of good contacts there, however, you might try indluding their names and direct contact info when asked for references.See question