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DansDeals Forum => General Discussion => Topic started by: srap on March 13, 2014, 02:38:48 AM

Title: Any Lawyers out there of whom I may ask a question?
Post by: srap on March 13, 2014, 02:38:48 AM
DDFers connect like family so I'm turning to anyone who may have knowledge or experience in renter/landlord issues. 

A family rented an apartment with the understanding and condition (no contract) that they would only rent it if it had working appliances, a bathtub (not a shower), outside-of-apartment stroller and bicycle storage (in garage used for storage), etc.


QUESTION: Can the renter reduce the rent by a certain (nominal) amount if the landlord chooses to change his mind after a couple of years? (i.e., not fix appliances and pipes and use garage storage totally for himself)

I need to give someone advice on this tomorrow and my resource person is unavailable.  TIA
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: HP58 on March 13, 2014, 02:41:10 AM
Paging AJK, henche...
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: srap on March 13, 2014, 02:45:17 AM
Paging AJK, henche...
Neither of them are online at this early evening time....
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: HP58 on March 13, 2014, 02:46:14 AM
Neither of them are online at this early evening time....
Guess not...  :(
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: srap on March 13, 2014, 02:50:54 AM
Guess not...  :(
Thanks for trying.  I am also interested in the halachic answer.  Probably even more. 
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: HP58 on March 13, 2014, 02:53:32 AM
Thanks for trying.  I am also interested in the halachic answer.  Probably even more.
New thread: "Any poskim out there I can ask a shaalah?" ;D Or maybe post in the "Is it Ethical" thread.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: srap on March 13, 2014, 02:59:43 AM
Can I change the title to any Lawyers/Poskim...?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Bostener on March 13, 2014, 03:15:21 AM
Posting which city the apartment is would be very helpful.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: jj1000 on March 13, 2014, 06:41:04 AM
DDFers connect like family so I'm turning to anyone who may have knowledge or experience in renter/landlord issues. 

A family rented an apartment with the understanding and condition (no contract) that they would only rent it if it had working appliances, a bathtub (not a shower), outside-of-apartment stroller and bicycle storage (in garage used for storage), etc.


QUESTION: Can the renter reduce the rent by a certain (nominal) amount if the landlord chooses to change his mind after a couple of years? (i.e., not fix appliances and pipes and use garage storage totally for himself)

I need to give someone advice on this tomorrow and my resource person is unavailable.  TIA
An oral agreement, that you want upheld in a court in a few years? Good luck!
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on March 13, 2014, 08:05:18 AM
I have no idea; there could be any number of issues here, both legal and practical.  Besides for the contract law issues, there are undoubtedly state and possibly local laws that impact you.

Try googling and see if your city has a tenants guide. That might be helpful.

Also, try calling a local lawyer.

Also, try getting a new apartment, with a contract.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Super Speed on March 13, 2014, 10:25:27 AM

DDFers connect like family so I'm turning to anyone who may have knowledge or experience in renter/landlord issues. 

A family rented an apartment with the understanding and condition (no contract) that they would only rent it if it had working appliances, a bathtub (not a shower), outside-of-apartment stroller and bicycle storage (in garage used for storage), etc.


QUESTION: Can the renter reduce the rent by a certain (nominal) amount if the landlord chooses to change his mind after a couple of years? (i.e., not fix appliances and pipes and use garage storage totally for himself)

I need to give someone advice on this tomorrow and my resource person is unavailable.  TIA
What does that mean they rented with an understanding? Was there some type of verbal agreement or just an assumption on the tenants part?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: srap on March 13, 2014, 10:28:47 AM
What does that mean they rented with an understanding? Was there some type of verbal agreement or just an assumption on the tenants part?
Verbal agreement regarding required necessities


Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: AJK on March 13, 2014, 12:58:32 PM
The answer, not as your lawyer, but as regular member of DDF is that, yes, generally if a LL breaches the lease, the T can withhold a portion of the rent.

But be prepared to be sued.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Menachem613 on March 13, 2014, 01:00:35 PM

The answer, not as your lawyer, but as regular member of DDF is that, yes, generally if a LL breaches the lease, the T can withhold a portion of the rent.

But be prepared to be sued.


Where did the OP say it was in the lease?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Ergel on March 13, 2014, 01:01:44 PM

Where did the OP say it was in the lease?
???
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: AJK on March 13, 2014, 01:04:18 PM
Seems he started the imbibing aspect of Purim early.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: srap on March 13, 2014, 01:09:35 PM

Where did the OP say it was in the lease?
They said even though they don't have a contract, the LL agreed to the garage space and knew that the reason they were taking that apartment was because it had the bathtub and appliances.  The LL also knew that the family turned down other apartments because the apts did not have those amenities.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Menachem613 on March 13, 2014, 01:10:28 PM

They said even though they don't have a contract, the LL agreed to the garage space and knew that the reason they were taking that apartment was because it had the bathtub and appliances.  The LL also knew that the family turned down other apartments because the apts did not have those amenities.

That's not equivalent to a lease and hence the LL isn't breaking a lease.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: AJK on March 13, 2014, 01:14:07 PM
That's not equivalent to a lease and hence the LL isn't breaking a lease.

I love armchair lawyers.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Super Speed on March 13, 2014, 02:17:45 PM

I love armchair lawyers.
Well said!
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: srap on March 13, 2014, 04:04:09 PM
That's not equivalent to a lease and hence the LL isn't breaking a lease.
No lease, only an oral agreement around those specific points/amenities.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Menachem613 on March 13, 2014, 04:06:03 PM

No lease, only an oral agreement around those specific points/amenities.

So the argument would be that the LL broke his oral agreement on a month-to-month tenancy. Good luck proving that.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: srap on March 13, 2014, 04:31:13 PM
Up until now the LL validated the oral agreement was correct, but who knows what they will say to the rav. 

I haven't heard back yet what the outcome was.  I gave the tenants my advice about state law, but I don't know if they are going to use it because the LL chose to go to their own rav instead of secular (a non-biased rav would probably be better for the tenants, but I still supported staying out of the secular system). 
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Bostener on March 14, 2014, 01:34:57 AM
No lease, only an oral agreement around those specific points/amenities.

What holds back the LL from saying just go out from here?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: srap on March 14, 2014, 04:03:58 AM
What holds back the LL from saying just go out from here?
Nothing, but he hasn't.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: smee123 on March 14, 2014, 12:56:15 PM
From what iv'e heard, it goes with minhag hamakoem.
Just like i'ts understood you give notice of leaving a month, or in some places more before.
It's not different than renting a 3 bdrm and then the landlord uses that room.
You would pay like it's a 2 bdrm.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: srap on March 14, 2014, 01:08:10 PM
From what iv'e heard, it goes with minhag hamakoem.
Just like i'ts understood you give notice of leaving a month, or in some places more before.
It's not different than renting a 3 bdrm and then the landlord uses that room.
You would pay like it's a 2 bdrm.
The LLs don't accept it.  That is why they are taking the family to the rav.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: smee123 on March 14, 2014, 05:56:33 PM
The LLs don't accept it.  That is why they are taking the family to the rav.
I'm talking halachicly.
IMO they (tenants) have a strong argument.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Saver2000 on March 14, 2014, 06:03:10 PM
If there is no lease/contract,  why doesn't the tenant just move out?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: dudi on March 16, 2014, 02:08:52 AM
Are there any immigrant lawyers here that I can PM a very important q.?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Bostener on March 16, 2014, 02:13:32 AM
Are there any immigrant lawyers here that I can PM a very important q.?

I hope aren't held up by the border now.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: dudi on March 16, 2014, 10:24:13 AM
I hope aren't held up by the border now.
nope thank god
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: churnbabychurn on May 13, 2014, 12:11:03 AM
If I were to place 3 ton concrete 'blocks' along the inside my property, concealed by a fence, and a car smashed into the fence and driver was injured due to the concrete, would I have any increased liability?
(Local zoning ordinances aside)
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: notanonymous on May 13, 2014, 02:03:03 AM
If I were to place 3 ton concrete 'blocks' along the inside my property, concealed by a fence, and a car smashed into the fence and driver was injured due to the concrete, would I have any increased liability?
(Local zoning ordinances aside)
Wow, you're serious about this.  You never answered my question - what part of town?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: MC on August 21, 2014, 02:26:28 PM
Is there any reliable way to get a libelous website/blog taken down without starting a defamation lawsuit?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on August 21, 2014, 03:00:44 PM
Is there any reliable way to get a libelous website/blog taken down without starting a defamation lawsuit?

Pay the extortion?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: MC on August 21, 2014, 03:10:59 PM

Pay the extortion?
A- הלוואי that an NPO would have the money to pay off such crazies, but that's not a feasible option here.

B- Wouldn't that just be inviting more trouble?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on August 21, 2014, 03:19:22 PM
A- הלוואי that an NPO would have the money to pay off such crazies, but that's not a feasible option here.

B- Wouldn't that just be inviting more trouble?

NPO?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: MC on August 21, 2014, 03:25:49 PM

NPO?
Non profit org
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: smurf on August 21, 2014, 09:25:27 PM

NPO?


Non profit org
He's  probably  used to NFPO
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: MC on August 21, 2014, 09:46:14 PM
He's  probably  used to NFPO
A whole year in a law firm and I still mix up my acronyms  :P
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on August 22, 2014, 02:15:48 AM
We usually say "tax-exempts". I'm actually unfamiliar with either abbreviation.  Maybe I'll start using it.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yoruel on March 19, 2015, 12:10:47 PM
Are there any similar sites to Justia that I can access a lawsuit?
I am looking for free access.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: kangarruu on March 19, 2015, 12:13:25 PM
Are there any similar sites to Justia that I can access a lawsuit?
I am looking for free access.

Are you looking for case documents or just opinions?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yoruel on March 19, 2015, 12:20:03 PM
case documents
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: mb1 on March 19, 2015, 12:22:25 PM
Are there any similar sites to Justia that I can access a lawsuit?
I am looking for free access.
Which court?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yoruel on March 19, 2015, 12:29:14 PM
Which court?
PM sent
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: kangarruu on March 19, 2015, 12:31:22 PM
case documents

At the federal level you have PACER (which is free if the charges are less than $15 per quarter) and RECAP, which has a subset of what PACER has but is completely free. I'm not familiar with state-level systems.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yoruel on March 19, 2015, 12:36:14 PM
I need state-level. I know the court.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: jj1000 on March 19, 2015, 12:58:06 PM
Are there any similar sites to Justia that I can access a lawsuit?
I am looking for free access.
You can try google scholar.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on March 19, 2015, 03:06:51 PM
Call the court and ask
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: gavhaller on March 19, 2015, 04:28:05 PM
Hi all,

I need a lawyer who can help file a class-action lawsuit against my university. I'm currently in a CUNY Graduate program for Occupational Therapy. When we entered the program, the agreed upon knowledge was that our semester of fieldwork experience was 1 billable credit for the entire semester. Tuition for those 16 weeks was supposed to be around $420.
Now they decided they want more money and are changing what was originally agreed upon by students who entered into the program 2 years ago. They are changing it to 10 credits (They have not even notified us yet- heard this from an inside source) and this is costing the students over $6,000 extra for the semester- which is unreasonable.

Anybody have knowledge of a lawyer who would be willing to take this case?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Kalmang on March 19, 2015, 07:45:26 PM
Hi all,

I need a lawyer who can help file a class-action lawsuit against my university. I'm currently in a CUNY Graduate program for Occupational Therapy. When we entered the program, the agreed upon knowledge was that our semester of fieldwork experience was 1 billable credit for the entire semester. Tuition for those 16 weeks was supposed to be around $420.
Now they decided they want more money and are changing what was originally agreed upon by students who entered into the program 2 years ago. They are changing it to 10 credits (They have not even notified us yet- heard this from an inside source) and this is costing the students over $6,000 extra for the semester- which is unreasonable.

Anybody have knowledge of a lawyer who would be willing to take this case?

seems to me that you are lawyering up waay too fast, sure you can find a lawyer to take your money..


Step 1: find out if its even true
if its true, talk to them about it, nicely :)
if that doesnt help, get the group of people that are concerned with this matter and go talk to the power that be, together..
if all that doesnt work, write a formal letter, get it signed by all.
there is usually an arbitration clause in your schools contract, call them to arbitration, or even if there is not, you can still request that they come to arbitration, just contact an arbitration/mediation company like http://www.namadr.com/mediation.cfm ask them how they can help, this will likely be much cheaper, easier and faster than getting a lawyer involved..
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: good sam on March 20, 2015, 12:05:52 PM
seems to me that you are lawyering up waay too fast, sure you can find a lawyer to take your money..


Step 1: find out if its even true
if its true, talk to them about it, nicely :)
if that doesnt help, get the group of people that are concerned with this matter and go talk to the power that be, together..
if all that doesnt work, write a formal letter, get it signed by all.
there is usually an arbitration clause in your schools contract, call them to arbitration, or even if there is not, you can still request that they come to arbitration, just contact an arbitration/mediation company like http://www.namadr.com/mediation.cfm ask them how they can help, this will likely be much cheaper, easier and faster than getting a lawyer involved..
Just curious, are you a lawyer?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ckmk47 on May 01, 2015, 10:47:08 AM
Anyone have a recommendation for a good divorce lawyer in Cleveland?
(not for me B"H)
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Dave A on May 01, 2015, 04:47:58 PM
I need state-level. I know the court.

Most state courts have online access so that you can see the docket, and some allow you to pull documents, too.  But many require you to call and/or go to Court to order each document you want (usually for 10c a page).   
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yochiek93 on November 24, 2015, 10:15:31 PM
Anyone knows the T&C in a first time home buyer mortgage in Lakewood nj?
Does the home need to be owned for at least six months in order to qualify or even a flip would qualify?
Edit: there is a 90 day wait
So now the question is
Is there a way around it?
Title: Any Lawyers out there of whom I may ask a question?
Post by: Am on November 25, 2015, 02:37:35 AM
Anyone knows the T&C in a first time home buyer mortgage in Lakewood nj?
Does the home need to be owned for at least six months in order to qualify or even a flip would qualify?
Edit: there is a 90 day wait
So now the question is
Is there a way around it?
The T&C is different with every bank.
Is there a clause in the contract that restricts you from being able to assign the contract?

If you are flipping the house, what's the benefit of getting a first time homebuyers mortgage?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yochiek93 on November 25, 2015, 08:16:33 AM
The T&C is different with every bank.
Is there a clause in the contract that restricts you from being able to assign the contract?

If you are flipping the house, what's the benefit of getting a first time homebuyers mortgage?
Iafafm and she is looking to buy for the first time but since the house is a flipped house they are having trouble with the mortgage
When I have more details I'll answer your first question.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Am on November 25, 2015, 10:20:16 AM

Iafafm
what's that?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: username on November 25, 2015, 10:21:57 AM
Iafafm
what's that?

I (am) asking for a family member?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yochiek93 on November 26, 2015, 07:53:18 PM
The T&C is different with every bank.
Is there a clause in the contract that restricts you from being able to assign the contract?

If you are flipping the house, what's the benefit of getting a first time homebuyers mortgage?
there is a clause in the contract that if they cant get approved for a mortgage not if they cant get approved for the first time home buyer rates
but what it looks like there is a loophole in the T&C of the bank ill update when i know what it is
thanx for trying to help
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: good sam on November 26, 2015, 10:04:16 PM
Why would the bank care how long the existing owner had the house?

You will likely have more success discussing the issue with a nj mortgage broker than a lawyer.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yochiek93 on November 26, 2015, 10:10:45 PM
Why would the bank care how long the existing owner had the house?

You will likely have more success discussing the issue with a nj mortgage broker than a lawyer.
Idk weird rules
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Aaaron on November 26, 2015, 10:15:15 PM
Idk weird rules

Wait, the bank is giving the buyer a hard time because the seller hasn't been on record for long enough?  Never heard of such a thing, unless it's appraisal issue.  I've seen banks hesitant to lend significantly more than the property recently sold for.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yochiek93 on November 26, 2015, 10:16:54 PM
Wait, the bank is giving the buyer a hard time because the seller hasn't been on record for long enough?  Never heard of such a thing, unless it's appraisal issue.
The bank said the buyer is not qualified for the first time home buyer mortgage rates
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Aaaron on November 26, 2015, 10:18:42 PM
The bank said the buyer is not qualified for the first time home buyer mortgage rates

Very odd.  Draw up an addendum to the contract extending the close date to after the 90 day mark?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yochiek93 on November 26, 2015, 10:22:22 PM
Very odd.  Draw up an addendum to the contract extending the close date to after the 90 day mark?
But the the seller wants to rush it that way he gets his money and out
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Aaaron on November 26, 2015, 10:25:57 PM
But the the seller wants to rush it that way he gets his money and out

Any other contingencies they can use to get out of the contract?  Inspection perhaps?  How much was put down as earnest money?

Unless the seller has other offers, I would think a month or so would be reasonable to ask for.  Any other banks/brokers to talk to?

There's almost always a way out, I'm just not familiar with NJ contracts.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: good sam on November 27, 2015, 11:09:59 AM
Any other contingencies they can use to get out of the contract?  Inspection perhaps?  How much was put down as earnest money?

Unless the seller has other offers, I would think a month or so would be reasonable to ask for.  Any other banks/brokers to talk to?

There's almost always a way out, I'm just not familiar with NJ contracts.
NJ contracts are looser than NY. There are all sorts of contingencies.

Don't you have a lawyer?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yochiek93 on November 27, 2015, 11:11:45 AM
NJ contracts are looser than NY. There are all sorts of contingencies.

Don't you have a lawyer?
its for my sister and obviously not such a good one if he didn't see all this before
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: coralsnake on November 27, 2015, 11:19:50 AM
Why would the bank care how long the existing owner had the house?

Wait, the bank is giving the buyer a hard time because the seller hasn't been on record for long enough?  Never heard of such a thing, unless it's appraisal issue.  I've seen banks hesitant to lend significantly more than the property recently sold for.
Happens all the time.

Banks dont want to see a sale for 200k and a week later for 300k. Where did that supposed value increase come from so quickly?

Many lenders have 3, 6, 9 and even 12 month seller seasoning requirements.

Theres been enough shady flip deals in recent memory that make lenders more restrictive with these deals.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Aaaron on November 27, 2015, 11:21:50 AM
Happens all the time.

Banks dont want to see a sale for 200k and a week later for 300k. Where did that supposed value increase come from so quickly?

Many lenders have 3, 6, 9 and even 12 month seller seasoning requirments.
Right. That's a common issue, but he's saying they're approving the loan just not the first time home buyer incentive. That's what's weird.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: thaber on November 27, 2015, 11:33:23 AM
It seems that in NJ chain of title is a big deal,  and whenever there is a quick sale,  even if there's no value increase they get nervous. 
Is the first time incentive with the same terms (down payment etc.) as the loan you are approved for?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: coralsnake on November 27, 2015, 12:41:49 PM
Right. That's a common issue, but he's saying they're approving the loan just not the first time home buyer incentive. That's what's weird.
It could be that the lender allows sales with no seasoning but not on the FTHB program.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yochiek93 on November 27, 2015, 12:53:11 PM
It seems that in NJ chain of title is a big deal,  and whenever there is a quick sale,  even if there's no value increase they get nervous. 
Is the first time incentive with the same terms (down payment etc.) as the loan you are approved for?
No the down payment is more
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: EJB on December 11, 2015, 09:09:41 AM
Question for the lawyers in the house:

I bought a house a year ago. Seller wrote on disclosure that roof hadn't been worked on since seller bought the house (11 years ago). Also, seller wrote that he is not aware of any leaks. Inspector didn't notice anything as well.

A week ago we had a leak that a roofer and handyman noticed right away had been a recurring issue and was repeatedly patched up (inside and outside), as recently as 2 years ago. We patched up the roof and interior for $750.

My question whether I have a case to go after seller/inspector to replace that section of the roof (~$8k, including replacing siding by roof). Would not be worth it to go after for just the patch costs.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on December 11, 2015, 09:42:18 AM
Question for the lawyers in the house:

I bought a house a year ago. Seller wrote on disclosure that roof hadn't been worked on since seller bought the house (11 years ago). Also, seller wrote that he is not aware of any leaks. Inspector didn't notice anything as well.

A week ago we had a leak that a roofer and handyman noticed right away had been a recurring issue and was repeatedly patched up (inside and outside), as recently as 2 years ago. We patched up the roof and interior for $750.

My question whether I have a case to go after seller/inspector to replace that section of the roof (~$8k, including replacing siding by roof). Would not be worth it to go after for just the patch costs.

Weird. When you buy a house, do the reps usually last past closing?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: sedge on December 11, 2015, 09:48:12 AM
I'm a California family law attorney. ..if you have a divorce or child custody question regarding a CA case, I do not mind helping out our community's members in answering a few questions.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: EJB on December 11, 2015, 10:06:11 AM
Weird. When you buy a house, do the reps usually last past closing?

NJ, btw. My roofer seemed to think they did, but he's not an attorney. He probably just wants to repair the entire roof :)
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Aaaron on December 11, 2015, 10:50:10 AM
NJ, btw. My roofer seemed to think they did, but he's not an attorney. He probably just wants to repair the entire roof :)

I don't know about your state, but in MD all material defects must be disclosed and any representations made in the related disclosure certainly last past closing.  So yes, you would potentially have a claim against the seller, and possibly the inspector if it's really something he should have caught.   

IANYL.  Contact a local attorney for more info.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: coralsnake on December 11, 2015, 12:41:36 PM
Good luck proving that they knew about it. And that it was patched 2 years years ago not 12.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: hvaces42 on December 12, 2015, 09:51:39 PM
NJ, btw. My roofer seemed to think they did, but he's not an attorney. He probably just wants to repair the entire roof :)
Id go after the inspector and his insurer. In NY reps dont survive closing and thats why you get a $500 disclosure credit instead of.disclosing specific.defects.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: username on December 12, 2015, 10:27:31 PM
IME, the inspectors protect themselves pretty well, basically saying that they take no acriyos. Read the disclaimer that the inspector had you sign .

But,
IANAL
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Bentzy on January 04, 2016, 10:32:01 AM
Any medical malpractice lawyers on DDF or does anyone have any recommendations?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: sedge on January 04, 2016, 02:07:21 PM
Any medical malpractice lawyers on DDF or does anyone have any recommendations?

What State?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Bentzy on January 04, 2016, 03:49:24 PM
What State?

NY
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on January 13, 2016, 10:46:27 AM
Anyone here an NYC lawyer who does landlord-tenant stuff?  Shoot me a pm please.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: jackofall on March 01, 2016, 04:51:13 PM
Are all closed court cases available online? Where? How long after a case is closed is it available.
TIA
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on March 01, 2016, 04:53:26 PM
Are all closed court cases available online? Where? How long after a case is closed is it available.
TIA

federal cases are on pacer.  google. go to the court's website.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Bostener on March 01, 2016, 06:32:34 PM
Are all closed court cases available online? Where? How long after a case is closed is it available.
TIA
If you say which court may be someone can answer you.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: jackofall on March 02, 2016, 12:27:34 AM
If you say which court may be someone can answer you.
I don't have that info.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: afro on March 02, 2016, 01:15:51 AM
Any lawyers in the house-

Can I break the terms and conditions of a website. They say I can't participate in there program because XYZ and I participate anyways. I understand that I may be sued but I'm not worried about that happening, I'm worried about FBI knocking on my door.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Bostener on March 02, 2016, 01:51:28 AM
Where does the FBI come into the picture.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: JoeyShmoe on March 02, 2016, 10:41:19 AM
Any lawyers in the house-

Can I break the terms and conditions of a website. They say I can't participate in there program because XYZ and I participate anyways. I understand that I may be sued but I'm not worried about that happening, I'm worried about FBI knocking on my door.
Do the terms state that the FBI will come knocking on your door if you break them? Do you often lie to people since the FBI won't knock on your door?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Aaaron on March 02, 2016, 10:58:33 AM
Any lawyers in the house-

Can I break the terms and conditions of a website. They say I can't participate in there program because XYZ and I participate anyways. I understand that I may be sued but I'm not worried about that happening, I'm worried about FBI knocking on my door.

It's typically not criminal to breach a contract, unless you're committing another crime in the process; i.e. fraud. 

IANYL though.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ADG on March 02, 2016, 11:12:29 AM
How can you break T&C deliberately and not be committing fraud?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: afro on March 02, 2016, 11:23:31 AM
Do the terms state that the FBI will come knocking on your door if you break them? Do you often lie to people since the FBI won't knock on your door?

I'll be blunt- Do you honestly think your funny? If I wanted a snark answer about how ethical and righteous you are I would of asked that. I asked if there was a lawyer who could tell me if breaking TOS is a felony that you could arrested for or its just breaking a contract. Is that really so hard to understand? If you need a boost to your self esteem just start a thread "Any Physiologist out there of ..." Here is a list of questions that you should ask yourself:

1- Do you sell points
2- Do you book glitch tickets
3- Do you double park
4- Do you speed
5- Do you report all gifts to IRS
6- Do you do MS
7- Have you ever been paid off the books
9- Posted an eBay Daily to get a HT
10- Abused "1 per household" policy with coupons and promos
11- Used lease conquest when you didn't have
12- State correct amount of income on CC application
13- Leeching Off of Unsecured WiFi Networks
14- Jaywalking
15- Littering
16- Copy CD
17-Utilizing the ďRolling StopĒ
18- Smoke
19- Give drinks to minors
20- Pay shut membership dues
21- Postdate checks
21- Kill
22- Kidnapp
23- Vote Republican
24- Lie to tuition committee

I can go on.... My point is (if you didn't get it already) that this is something that we all do and something that no one will lose money off (unlike jaywalking which can kill people and causes global warming). However if its illegal then I won't do it.

It's typically not criminal to breach a contract, unless you're committing another crime in the process; i.e. fraud. 

IANYL though.



Thanks!

How can you break T&C deliberately and not be committing fraud?

its only fraud if there is a loss, in the TOS i want to break the other party will not suffer a loss
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: JoeyShmoe on March 02, 2016, 11:37:30 AM
I'll be blunt- Do you honestly think your funny? If I wanted a snark answer about how ethical and righteous you are I would of asked that. I asked if there was a lawyer who could tell me if breaking TOS is a felony that you could arrested for or its just breaking a contract. Is that really so hard to understand? If you need a boost to your self esteem just start a thread "Any Physiologist out there of ..." Here is a list of questions that you should ask yourself:
There's a difference between breaking a law and/or doing something unethical (which BTW I'm proud to say that I've never done the overwhelming majority of those stuff), when you jaywalk or book glitch tickets you can say that you never agreed not to, OTOH when you agree to T&Cs you're promising abide by it, there's nothing unethical about cheating, it's plain and simple lying.

Additionally, I didn't meant to be funny or snarky, I meant to bring another viewpoint (perhaps the person writing the T&C and blindly trusting people clicking on "I agree"). I'm staying out of this conversation from here on out...
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ADG on March 02, 2016, 12:04:59 PM


I can go on.... My point is (if you didn't get it already) that this is something that we all do and something that no one will lose money off (unlike jaywalking which can kill people and causes global warming). However if its illegal then I won't do it.

Thanks!

its only fraud if there is a loss, in the TOS i want to break the other party will not suffer a loss
LOL- how does Jay walking cause global warming?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: afro on March 02, 2016, 12:06:55 PM
LOL- how does Jay walking cause global warming?

People who jaywalk walk faster, people who walk faster get hot, thats how our lovely planets gets warm.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ExGingi on March 02, 2016, 12:08:54 PM
LOL- how does Jay walking cause global warming?
Same way any other purported cause of global warming.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: emineh17 on March 02, 2016, 12:56:46 PM
Hi,

I have a situation with a big company in which they made a mistake and now they are trying to squeeze me.  :-[
Is there anyone that can help me out here?
Please dm.

TIA
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Shmuel4 on March 16, 2016, 03:11:54 PM
I need help transferring a slum property from 1 LLC to another both in my name.  Can someone with experience in this please PM me?

Thank you
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Aaaron on March 16, 2016, 03:16:08 PM
Hi,

I have a situation with a big company in which they made a mistake and now they are trying to squeeze me.  :-[
Is there anyone that can help me out here?
Please dm.

TIA
I need help transferring a slum property from 1 LLC to another both in my name.  Can someone with experience in this please PM me?

Thank you

Locations are helpful, people.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: davidd75 on March 29, 2016, 05:04:36 PM
it appears i was scammed by a eino yehudi mobile mechanic to the tune of approx $400.  The work was done in a garage in Bayville, NJ.  I have two subsequent mechanic reports showing that leak he apparently fixed is still present.

what steps should I take besides filing suit in small clams court in bayville?

what other gov entities/agencies should I contact etc...
Modify message
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: AJK on March 29, 2016, 05:28:28 PM
...or reach out to the guy who did the work originally? Why do people always jump to sue?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ExGingi on March 29, 2016, 05:31:05 PM
...or reach out to the guy who did the work originally? Why do people always jump to sue?
+1000000

Especially on such an amount. Will it be worth your time and effort, even if you recovered 100% of the $400?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: davidd75 on March 30, 2016, 09:19:31 AM
...or reach out to the guy who did the work originally? Why do people always jump to sue?

I did reach out him to originally he took the car back and said leak coming now from a new source and it would now cost between 500 and 1000 to fix. I took the car back to mechanics I trust who wrote up the diagnosis that leak coming from same original source.  This eino yehudi also was brazen enough to call the cops when I took my car back saying I vandalized his cars.  The cops called the owners of these cars and they said the minor damage was already their before so the police told him they would not make a report.   This mechanic seems to me to be a professional scam artist.  Now that you know more of the background am I jumping to sue?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: AJK on March 30, 2016, 09:25:34 AM
I did reach out him to originally he took the car back and said leak coming now from a new source and it would now cost between 500 and 1000 to fix. I took the car back to mechanics I trust who wrote up the diagnosis that leak coming from same original source.  This eino yehudi also was brazen enough to call the cops when I took my car back saying I vandalized his cars.  The cops called the owners of these cars and they said the minor damage was already their before so the police told him they would not make a report.   This mechanic seems to me to be a professional scam artist.  Now that you know more of the background am I jumping to sue?
More background is helpful. I'm not even sure at this point I'd want him near my car. Why didn't you go to the "mechanics you trust"  initially?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ya on March 30, 2016, 10:41:19 AM
More background is helpful. I'm not even sure at this point I'd want him near my car. Why didn't you go to the "mechanics you trust"  initially?
generally worth it to just move on. you are going to sue for $400 after court fees and time its just not worth it.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Menachem613 on March 30, 2016, 11:13:12 AM
I disagree.  Court fees are minimal.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yelped on March 30, 2016, 11:13:18 AM
generally worth it to just move on. you are going to sue for $400 after court fees and time its just not worth it.
L'Toivas Haklall. Maybe that mechanic will think twice before scamming others.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ya on March 30, 2016, 11:17:44 AM
L'Toivas Haklall. Maybe that mechanic will think twice before scamming others.
always 2 sides to a story.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Aaaron on March 30, 2016, 11:41:52 AM
I disagree.  Court fees are minimal.

Eh, I vote move on too. You'll want one of your mechanics there as an expert rather than a written affidavit. That alone will cost you.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: davidd75 on March 30, 2016, 12:25:10 PM
More background is helpful. I'm not even sure at this point I'd want him near my car. Why didn't you go to the "mechanics you trust"  initially?

He is not going to be near the car anymore as I have it.  You are right I probably should not have gone with him in hindsight but I was tempted by their price and the fact they are a mobile mechanic that pick up the car for you.

My question though is should I first file a complaint with attorney general of NJ or any other entity for fraud before commencing a small claims suit?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: davidd75 on March 30, 2016, 12:26:23 PM
generally worth it to just move on. you are going to sue for $400 after court fees and time its just not worth it.

Small claims fees will only be about $47.  And I can claim that fee back as well?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ya on March 30, 2016, 12:28:06 PM
Small claims fees will only be about $47.  And I can claim that fee back as well?
If you win.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: davidd75 on March 30, 2016, 12:32:22 PM
Eh, I vote move on too. You'll want one of your mechanics there as an expert rather than a written affidavit. That alone will cost you.

yes this will be the most challenging part is getting a mechanic to come but maybe he will do me a tova.  However I can always subpoena one of the mechanics that already made a report?  I don't have affidavits.  I have two written diagnosis that point out that leak is coming from same area that it originally came from; will that not be sufficient in your experience?  What I  am afraid of is that this mechanic will will know way more than me or the judge and explain himself out of this situation.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: AJK on March 30, 2016, 01:45:54 PM
He is not going to be near the car anymore as I have it.  You are right I probably should not have gone with him in hindsight but I was tempted by their price and the fact they are a mobile mechanic that pick up the car for you.

My question though is should I first file a complaint with attorney general of NJ or any other entity for fraud before commencing a small claims suit?
Doesn't hurt you, but you may consider threatening him with both of these things before you file. Perhaps he'll agree to avoid the headache.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: AJK on March 30, 2016, 01:46:31 PM
Small claims fees will only be about $47.  And I can claim that fee back as well?
Generally no.
If you win.
Do you know that it works differently in NJ than the general rule?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Venilla on March 30, 2016, 01:50:36 PM
I have 2 questions to ask. If any lawyer is willing to answer please PM me.
Thanks!
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on March 30, 2016, 03:27:55 PM
generally worth it to just move on. you are going to sue for $400 after court fees and time its just not worth it.

Move to MA. Consumer protection laws FTW.  treble damages plus attorneys fees if they refuse to reasonably settle (or soemthign like that)
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: davidd75 on March 30, 2016, 05:07:27 PM
Doesn't hurt you, but you may consider threatening him with both of these things before you file. Perhaps he'll agree to avoid the headache.

So I spoke to NJ consumer affairs which said I can make a complaint but that if I file a small claims court action they will stop their investigation as they will not investigate if there is a pending small claims suit.  Looks like I can only do one at a time.  So which one should I file first? consumer fraud investigation or small claims case?  I guess it depends on the outcome of the NJ consumer fraud complaint as it can help me with a subsequent small claims case or if not a favorable  could potentially be used against me by my adversary in subsequent small claims suit??

anybody care to chime in
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: davidd75 on March 30, 2016, 05:22:28 PM
Doesn't hurt you, but you may consider threatening him with both of these things before you file. Perhaps he'll agree to avoid the headache.

But then they might do this to others
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: good sam on March 30, 2016, 06:27:57 PM
I have 2 questions to ask. If any lawyer is willing to answer please PM me.
Thanks!
Any particular area of law?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: good sam on March 30, 2016, 06:28:36 PM
I need help transferring a slum property from 1 LLC to another both in my name.  Can someone with experience in this please PM me?

Thank you
PM me if still applicable.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Venilla on March 30, 2016, 07:19:24 PM
Any particular area of law?
Not sure how it's called in the professional world... :) Maybe tax laws?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: good sam on March 30, 2016, 11:34:04 PM
Not sure how it's called in the professional world... :) Maybe tax laws?
Henche's your man
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Venilla on March 30, 2016, 11:52:30 PM
Henche's your man
I gotta wait for him to PM me... Oh wait, is he a man? ;)
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: davidd75 on March 31, 2016, 12:42:21 PM
So I spoke to NJ consumer affairs which said I can make a complaint but that if I file a small claims court action they will stop their investigation as they will not investigate if there is a pending small claims suit.  Looks like I can only do one at a time.  So which one should I file first? consumer fraud investigation or small claims case?  I guess it depends on the outcome of the NJ consumer fraud complaint as it can help me with a subsequent small claims case or if not a favorable  could potentially be used against me by my adversary in subsequent small claims suit??

anybody care to chime in I would like to know what your strategy would be?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: username on March 31, 2016, 02:44:14 PM
But then they might do this to others
And why do think the SC court will make him stop?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ExGingi on March 31, 2016, 04:35:53 PM
So I spoke to NJ consumer affairs which said I can make a complaint but that if I file a small claims court action they will stop their investigation as they will not investigate if there is a pending small claims suit.  Looks like I can only do one at a time.  So which one should I file first? consumer fraud investigation or small claims case?  I guess it depends on the outcome of the NJ consumer fraud complaint as it can help me with a subsequent small claims case or if not a favorable  could potentially be used against me by my adversary in subsequent small claims suit??

anybody care to chime in I would like to know what your strategy would be?
It's $400 - it's yiddishe gelt, but your time is probably more precious! You've already spent time and mental energy on this.

I would say try NJ Consumer Affairs, it might, or might not get you somewhere. After that's done, make a quick decision if you want to go to small claims court (BTW - did you ever try to confront the place and just ask for your money back?, did you by any chance pay by Credit Card and have them help you fight?).
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: davidd75 on March 31, 2016, 05:00:34 PM
And why do think the SC court will make him stop?

Don't you think filing a claim in SC and a complaint with the NJ consumer fraud division will make him less likely to repeat this action rather than just settling with him?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: davidd75 on March 31, 2016, 05:04:50 PM
It's $400 - it's yiddishe gelt, but your time is probably more precious! You've already spent time and mental energy on this.

I would say try NJ Consumer Affairs, it might, or might not get you somewhere. After that's done, make a quick decision if you want to go to small claims court (BTW - did you ever try to confront the place and just ask for your money back?, did you by any chance pay by Credit Card and have them help you fight?).

they wanted cash only.  My only reservation about the nj consumer affairs division is that if their investigation is inconclusive (i am not sure how the NJ investigator will be able to conclusively determine the leak is from the same exact location that they supposedly fixed) that might be used against me in a subsequent small claims court case?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ExGingi on March 31, 2016, 05:30:33 PM
they wanted cash only.  My only reservation about the nj consumer affairs division is that if their investigation is inconclusive (i am not sure how the NJ investigator will be able to conclusively determine the leak is from the same exact location that they supposedly fixed) that might be used against me in a subsequent small claims court case?
Do you have documentation for the cash payment? Was sales tax collected? Does the business officially accept credit cards (if they do and refuse to take them from you, I think that might be a violation).

Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: davidd75 on April 01, 2016, 09:19:27 AM
Do you have documentation for the cash payment? Was sales tax collected? Does the business officially accept credit cards (if they do and refuse to take them from you, I think that might be a violation).

yes I have a receipt I paid in cash.  They do not accept cc. 

who is in violation when no sales tax is collected? the customer paying, the business receiving  or both?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: username on April 01, 2016, 12:41:31 PM
Don't you think filing a claim in SC and a complaint with the NJ consumer fraud division will make him less likely to repeat this action rather than just settling with him?
No.
Because when was the last time that you needed a mechanic on the road and checked if there were ant SC judgements or NJCF complaints against them. If he's dishonest, he's dishonest.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: schneury on April 01, 2016, 01:10:06 PM
Looking for a lawyer that specializes in illegal basement rentals in Brooklyn
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ya on April 01, 2016, 01:33:03 PM
Looking for a lawyer that specializes in illegal basement rentals in Brooklyn
PM me
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on April 01, 2016, 02:27:32 PM
Looking for a lawyer that specializes in illegal basement rentals in Brooklyn

You want to set one up?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: schneury on April 01, 2016, 03:29:07 PM
You want to set one up?
no. I need to know what I can/can't do/have there
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: mb1 on April 01, 2016, 05:36:41 PM
Looking for a lawyer that specializes in illegal basement rentals in Brooklyn
don't think they promote themselves that way
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: good sam on April 03, 2016, 02:55:49 AM
don't think they promote themselves that way
Lol.  I thought he was joking.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: whacked1 on April 03, 2016, 01:37:35 PM
Looking for a lawyer that specializes in illegal basement rentals in Brooklyn
no. I need to know what I can/can't do/have there
I'm actually quite curious about this. 
1)Assuming landlord does not have items up to code (fire proof boiler doors, self grounding outlets etc) and something goes wrong, will the landlord be held more accountable than a reg apt? (If tenant claims that they thought the apt was legal and passed inspection upon completion of construction)
2) Can landlord include a rider in lease in case of order to vacate the lease is broken?
3) Any sort of rider that can be added to prevent tenant from calling the city?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: davidd75 on April 04, 2016, 09:12:40 AM
Do you have documentation for the cash payment? Was sales tax collected? Does the business officially accept credit cards (if they do and refuse to take them from you, I think that might be a violation).

who is generally  in violation when no sales tax is collected, the buyer , seller or both?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ExGingi on April 04, 2016, 11:31:50 AM
who is generally  in violation when no sales tax is collected, the buyer , seller or both?
I am guessing that to a certain extent both, though if I am not mistaken buyer is supposed to pay uncollected sales taxes (such as purchases from out of state sellers who are not required to collect sales taxes in your state due to no physical presence) on their state tax return. So I would think that the seller is the one with a bigger problem in this case (especially since buyer can always claim that the price paid was inclusive of the sales tax).
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ya on April 04, 2016, 01:35:12 PM
I'm actually quite curious about this. 
1)Assuming landlord does not have items up to code (fire proof boiler doors, self grounding outlets etc) and something goes wrong, will the landlord be held more accountable than a reg apt? (If tenant claims that they thought the apt was legal and passed inspection upon completion of construction)
2) Can landlord include a rider in lease in case of order to vacate the lease is broken?
3) Any sort of rider that can be added to prevent tenant from calling the city?
can a lease even be upheld in a illegal apt?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: whacked1 on April 04, 2016, 06:10:34 PM
can a lease even be upheld in a illegal apt?
Lease is void, however IINM tenant is able to demand 6x rent for relocation costs
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Aaaron on April 04, 2016, 06:36:39 PM
Lease is void, however IINM tenant is able to demand 6x rent for relocation costs

Source?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: whacked1 on April 04, 2016, 06:50:05 PM
Source?
http://dolgettalaw.com/pdf/2013-02-illegal-apartments.pdf (http://dolgettalaw.com/pdf/2013-02-illegal-apartments.pdf)
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yomo on April 05, 2016, 02:00:36 AM
Any recommendations for aggressive attorney experienced in vacating commercial tenants in NYC?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: good sam on April 05, 2016, 07:51:06 AM
Any recommendations for aggressive attorney experienced in vacating commercial tenants in NYC?
Pm sent
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yomo on April 06, 2016, 02:48:15 PM
Question: I live in Coventry (Lakewood) and a couple of weeks ago my car was towed. My brother had borrowed my car and at around 11PM he came back, parked in front of my house along the curb (officially not a parking spot) and came inside to give me the keys. I was planning to driving him back to yeshiva after a min or two as he wanted a drink. Next thing I know, my neighbor calls to say that I should come outside as my car is being towed. I run outside as they're almost done hooking it up and they start screaming and cursing as I try to get into my car. My hand was on the handle as they sped off. Next thing I know my finger is cut and bleeding. My neighbor witnessed this and advised I should call the police to get a police report for personal injury and trying to tow my car while it was only parked illegally for 2 min and I was trying to gain access to move it. I called 911 and the cops came and created a police report and eventually they worked it out for them to bring my car back for a $250 fee which I had them charge to my Amex and then disputed the transaction. They now threatened me that if I do not pay them cash or at the very least retract my dispute then they will have their attorney go to the police dept to file a "criminal fraudulent charge-back claim" and I may be subject to being convicted of a felony.

Am I not allowed to dispute a charge with my Credit Card Company?

Is this something I should be concerned about? 

TIA!
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on April 06, 2016, 03:14:42 PM
http://www.lslawyers.com/theft-extortion.html
http://www.njlawman.com/new-jersey-title-2c/2C-20-5-Theft-by-Extortion.htm

Weird huh?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yomo on April 06, 2016, 04:01:55 PM
http://www.lslawyers.com/theft-extortion.html
http://www.njlawman.com/new-jersey-title-2c/2C-20-5-Theft-by-Extortion.htm

Weird huh?
Thanks, but they're assuming that they are owed this $ being that they are authorized by Coventry Association to tow illegally parked vehicles regardless as to whether or not I was trying to get into my vehicle and move it. It's only "extortion" if the demand for property or money is illegitimate. The question here is whether or not it can deemed to be a legitimate demand for $ which in turn may subject me to felony charges..
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: AJK on April 06, 2016, 06:22:08 PM
Question: I live in Coventry (Lakewood) and a couple of weeks ago my car was towed. My brother had borrowed my car and at around 11PM he came back, parked in front of my house along the curb (officially not a parking spot) and came inside to give me the keys. I was planning to driving him back to yeshiva after a min or two as he wanted a drink. Next thing I know, my neighbor calls to say that I should come outside as my car is being towed. I run outside as they're almost done hooking it up and they start screaming and cursing as I try to get into my car. My hand was on the handle as they sped off. Next thing I know my finger is cut and bleeding. My neighbor witnessed this and advised I should call the police to get a police report for personal injury and trying to tow my car while it was only parked illegally for 2 min and I was trying to gain access to move it. I called 911 and the cops came and created a police report and eventually they worked it out for them to bring my car back for a $250 fee which I had them charge to my Amex and then disputed the transaction. They now threatened me that if I do not pay them cash or at the very least retract my dispute then they will have their attorney go to the police dept to file a "criminal fraudulent charge-back claim" and I may be subject to being convicted of a felony.

Am I not allowed to dispute a charge with my Credit Card Company?

Is this something I should be concerned about? 

TIA!

So you admit you were parked illegally, but disputed the transaction anyway?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yomo on April 06, 2016, 07:30:15 PM
So you admit you were parked illegally, but disputed the transaction anyway?
Correct, not legal spot directly in front of my house for 2 min. Went outside after two min to drive away....
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Aaaron on April 06, 2016, 07:31:27 PM
Correct, not legal spot directly in front of my house for 2 min. Went outside after two min to drive away....

Not sure why you disputed the charge.  I would've filed suit for assault rather than a chargeback.  Actually, I would've let it go and chalked it up to a lesson learned.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yomo on April 06, 2016, 08:08:11 PM
Either way, should've could've would've...Right now, if I don't retract the dispute, is it at all possible to be charged with a felony?
(Btw, I never signed anything, just gave them a photocopy of my cc as I had no other way for them to release the car)
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on April 06, 2016, 09:40:00 PM
Not sure why you disputed the charge.  I would've filed suit for assault rather than a chargeback.  Actually, I would've let it go and chalked it up to a lesson learned.

can you not sue for battery anymore? ask a lawyer
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: elit on April 06, 2016, 09:43:50 PM
Any lawyer with HIPPA and or abuse reporting knowledge /experience I can ask a question (no I'm not asking If I have to report something)
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: AJK on April 06, 2016, 09:49:15 PM
Correct, not legal spot directly in front of my house for 2 min.

So... you parked illegally, you admit you parked illegally. So on what basis did you dispute the charge?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: EJB on April 06, 2016, 10:43:18 PM
So... you parked illegally, you admit you parked illegally. So on what basis did you dispute the charge?

I don't think he's asking if it was right to dispute the charge. Can it potentially be a felony/what's the worst that can happen?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: aygart on April 07, 2016, 12:22:38 AM
You didn't get enough flak the first time you brought this up?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on April 07, 2016, 12:23:58 AM
So... you parked illegally, you admit you parked illegally. So on what basis did you dispute the charge?

He was back before they towed it. 
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: AJK on April 07, 2016, 12:41:05 AM
I run outside as they're almost done hooking it up and they start screaming and cursing as I try to get into my car.

When you came out, what exactly had they accomplished already? Please elaborate.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yomo on April 07, 2016, 02:32:12 AM
I don't think he's asking if it was right to dispute the charge. Can it potentially be a felony/what's the worst that can happen?
Yes! That is the question! Thank You!
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yomo on April 07, 2016, 02:33:07 AM
He was back before they towed it.
+1
I have a witness and documented in police report that I was trying to get into my car as they drove off..
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yomo on April 07, 2016, 02:34:39 AM
When you came out, what exactly had they accomplished already? Please elaborate.
They were quickly finishing the process of tying it up and loading it..
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: AJK on April 07, 2016, 10:05:50 AM
+1
I have a witness and documented in police report that I was trying to get into my car as they drove off..

Irrelevant.

They were quickly finishing the process of tying it up and loading it..

So the car had not yet been moved? Did you actually ask them to release it?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Aaaron on April 07, 2016, 10:58:01 AM
Irrelevant.

So the car had not yet been moved? Did you actually ask them to release it?

Keep in mind, towing for illegal parking is very different than towing for repossession.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: AJK on April 07, 2016, 11:08:48 AM
Keep in mind, towing for illegal parking is very different than towing for repossession.

I don't know if that's true or not in NJ, but my questions involve illegal parking.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yomo on April 07, 2016, 03:24:26 PM
Irrelevant.

So the car had not yet been moved? Did you actually ask them to release it?
Yes of course I asked them and they want $300 cash right then and there!
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: AJK on April 07, 2016, 05:44:34 PM
*If* you asked them *before they moved the car an inch* to release it, they broke NJ law.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yomo on April 07, 2016, 05:51:16 PM
*If* you asked them *before they moved the car an inch* to release it, they broke NJ law.
Thanks, can you show me the source for that?
Does that mean that it wouldn't be a felony to dispute the charge as its an illegitimate charge?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: thejerseyguy on April 07, 2016, 06:01:42 PM
 
Thanks, can you show me the source for that?
Does that mean that it wouldn't be a felony to dispute the charge as its an illegitimate charge?
http://tinyurl.com/hgcutun
http://tinyurl.com/h5muh6s

Not sure if these laws apply in Coventry
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on April 07, 2016, 06:27:37 PM
*If* you asked them *before they moved the car an inch* to release it, they broke NJ law.

Quote
To fail, when so requested by the owner or operator of a vehicle subject to nonconsensual
towing, to release a vehicle to the owner or operator that has been, or is about to
be, hooked or lifted but has not actually been moved or removed from the property when the
vehicle owner or operator returns to the vehicle, or to charge the owner or operator
requesting release of the vehicle more than the decoupling fee specified in the tariff.

So the shaila is, that there is no comma after "moved." So maybe you would read it "moved ... from the property."  Meaning, that it was already totally off.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: AJK on April 07, 2016, 07:00:39 PM
So the shaila is, that there is no comma after "moved." So maybe you would read it "moved ... from the property."  Meaning, that it was already totally off.

Come on, as a matter of statutory interpretation, such a suggestion offends me.  If you're right, it would render "or removed" superfluous, something the canons of construction proscribe.

Your suggestion:
Quote
To fail to release a vehicle that has not actually been moved, or removed, from the property when the vehicle owner or operator returns to the vehicle

However, the alternative is also problematic.

The other possibility:
Quote
To fail to release a vehicle that has not actually been moved, or removed from the property, when the vehicle owner or operator returns to the vehicle

Frankly, it is a poorly drafted statute. Reading it, as you suggest, to say "moved . . . from the property" renders "or removed" superfluous as having "or removed" adds nothing not already provided for by "moved." (To "remove" it you would necessarily have to "move" it.)

At the same time, reading it the other way, "but has not actually been [(i)]moved [(ii)] or removed from the property" renders the entire second clause superfluous, as again, removing it inherently involved moving it.

The only thing I can think of is that "move" refers to public parking space, e.g. on the street, where as "removed from the property" refers to property which is otherwise private.  If so, though, that would mean a person could request that a car be released even after it's totally hooked up and entirely moved from the private space, but still in the private parking lot, something which doesn't make sense.

Who knows. Poor drafting.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on April 07, 2016, 08:47:54 PM
Exactly.

I guess it would help to see the whole statute. I assumed since it said "the" property, that all movings were from a referenced property.  But maybe not.

Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: thejerseyguy on April 07, 2016, 08:56:17 PM
In the layman interpretation on this link: http://tinyurl.com/hgcutun
It says:
Quote
The Act prohibits towing companies from the following:

 Failing to release a vehicle hooked or lifted, but not
actually removed from private property, upon request
of the vehicleís owner;
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on April 08, 2016, 12:31:57 AM
In the layman interpretation on this link: http://tinyurl.com/hgcutun
It says:

Was this on private property?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yomo on April 08, 2016, 02:27:16 AM
Was this on private property?
I would think Coventry is private property. It's basically a condo association.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: thejerseyguy on April 08, 2016, 06:54:32 AM
I would think Coventry is private property. It's basically a condo association.
Coventry is private property, but iirc there is a local ordinance specifically about parking between the lines in coventry.
On the other hand this does not seem to be a police requested towing.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: churnbabychurn on May 13, 2016, 11:30:54 AM
My landlord supplies the washing machine. We put a towel with some mud in it and it broke. ( we obviously didn't realized that it would break) .

The guy said they will charge me a new washing machine!

The lease says the following:

Quote
21. APPLIANCES SUPPLIED WITH RENTAL UNIT
Each rental unit shall be supplied by owner at owner's expense in good working condition: A) 30 inch Gas Oven B) Frost Free Refrigerator
C) Under Counter Dishwasher (if available) D) Washing Machine & Gas Dryer (if applicable) E) Sleeve Air Conditioner or Central Air Heat
& Air Conditioning Unit F) Microwave (if applicable). Tenant shall maintain in good condition.

And also :
Quote
Tenant  shall take good care of the premises and its fixtures . Tenant ∑shall be responsible for any damage caused to the premises
through misuse, neglect or negligence of the Tenant.


Can they make me pay???
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: AJK on May 13, 2016, 11:34:13 AM
What's the thought you should *not* have to pay?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: benjie1305 on May 13, 2016, 11:37:03 AM
Without being a lawyer it still sounds pretty clear to me:

He provided a washing machine in good condition.

You "shall be responsile for *any* damage caused through misuse or *neglect*"

I'd think the cost is on you.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: churnbabychurn on May 13, 2016, 11:45:03 AM
Without being a lawyer it still sounds pretty clear to me:

He provided a washing machine in good condition.

You "shall be responsile for *any* damage caused through misuse or *neglect*"

I'd think the cost is on you.
Wow, a muddy towel is neglect!?
It's normal use.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: username on May 13, 2016, 11:46:19 AM
IANOL, but call the washing machine company and ask if their machines should break when washing a towel with mud on it.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: churnbabychurn on May 13, 2016, 11:48:39 AM
IANOL, but call the washing machine company and ask if their machines should break when washing a towel with mud on it.
The argument was " well it broke because of your towel.." Facts..
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: username on May 13, 2016, 11:53:32 AM
The argument was " well it broke because of your towel.." Facts..
True. But the question is , is that considered
Quote
misuse, neglect or negligence of the Tenant
If the company says that their washers cannot handle that, then it is misuse..., if they are supposed to handle it, then its not misuse...
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: churnbabychurn on May 13, 2016, 12:07:58 PM
True. But the question is , is that consideredIf the company says that their washers cannot handle that, then it is misuse..., if they are supposed to handle it, then its not misuse...
This can clearly go either way.
The question is who has the burden of proof etc
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on May 13, 2016, 12:11:48 PM
It's neglect if you don't call the company before you put anything in?

What if the company says it can't handle socks?

If the washer couldn't handle a dirty towel, maybe landlord hasn't supplied a washer in good working order at all?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: churnbabychurn on May 13, 2016, 12:13:24 PM
It's neglect if you don't call the company before you put anything in?

What if the company says it can't handle socks?

If the washer couldn't handle a dirty towel, maybe landlord hasn't supplied a washer in good working order at all?
You're hired! (On a contingency bases)

Can we sue the landlord, washing machine and towel manufacturers?
What you think we can make?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: sedge on May 13, 2016, 12:16:46 PM
Did the landlord provide you with the manufacturer's user manual? Did you have a duty to read it?

If not, was it your duty to acquire the manual?

Does the manual give any warnings as to placing muddy towels or something equivalent? Were you on notice of a particular limitation?

Would a reasonable, prudent person know or should have known that the muddy towel would have caused the damage that resulted?

Were there any intervening factors? i.e., How old was the washer? Was it near or past its warranty? Was it near or past the industry's average useful life?

Would it have broken anyway washing a non-muddy towel?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on May 13, 2016, 12:18:01 PM
Do you have a terrible relationship with landlord?  Is the machine really broken completely? Can you talk nice to him?

Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: churnbabychurn on May 13, 2016, 12:18:33 PM
Did the landlord provide you with the manufacturer's user manual? Did you have a duty to read it?

If not, was it your duty to acquire the manual?

Does the manual give any warnings as to placing muddy towels or something equivalent? Were you on notice of a particular limitation?

Would a reasonable, prudent person know or should have known that the muddy towel would have caused the damage that resulted?

Were there any intervening factors? i.e., How old was the washer? Was it near or past its warranty? Was it near or past the industry's average useful life?

Would it have broken anyway washing a non-muddy towel?
No manual was given or mentioned.

It's definitely out of the manufacturers warranty. .

I'm a normal prudent person.. Didn't think it should break. - wasn't that muddy...


All good points though!
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: AJK on May 13, 2016, 12:24:20 PM
He clearly believes you broke it.  As such, your problem is he can simply slap the cost onto your next rent bill and then you'd either have to pay it or risk him starting a non-payment or holdover proceeding for breach of the lease.

Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: sedge on May 13, 2016, 12:24:21 PM
No manual was given or mentioned.

It's definitely out of the manufacturers warranty. .

I'm a normal prudent person.. Didn't think it should break. - wasn't that muddy...


All good points though!

Standard analysis of negligence.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: churnbabychurn on May 13, 2016, 12:35:30 PM
Do you have a terrible relationship with landlord?  Is the machine really broken completely? Can you talk nice to him?
Eta. The guy just finished playing with it. Turns out the pump wasn't burnt out after all. Just clogged or whatever.   BH.

Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: churnbabychurn on May 13, 2016, 12:35:49 PM
He clearly believes you broke it.  As such, your problem is he can simply slap the cost onto your next rent bill and then you'd either have to pay it or risk him starting a non-payment or holdover proceeding for breach of the lease.
Was exactly my concern.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on May 13, 2016, 12:48:00 PM
Next time use more of a clay, than mud.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: username on May 13, 2016, 02:07:00 PM
Eta. The guy just finished playing with it. Turns out the pump wasn't burnt out after all. Just clogged or whatever.   BH.


You still need to pay the lawyer fees.  :)
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: whacked1 on May 13, 2016, 05:11:28 PM
He clearly believes you broke it.  As such, your problem is he can simply slap the cost onto your next rent bill and then you'd either have to pay it or risk him starting a non-payment or holdover proceeding for breach of the lease.
Lakewood is probably different. But in NYC that would never fly.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: AJK on May 13, 2016, 05:20:43 PM
How's that?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: aygart on May 13, 2016, 05:22:24 PM
He clearly believes he can get you to pay for it.
FTFY. This is West Gate as the landlord, no?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: whacked1 on May 13, 2016, 05:30:21 PM
How's that?
LL would never win such a holdover. Only risk is if apt in unregulated and you are afraid LL wont renew for this (unlikely)
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: AJK on May 13, 2016, 05:41:12 PM
I'm not talking about winning. I'm talking about the headache it entails.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: whacked1 on May 13, 2016, 05:45:21 PM
I'm not talking about winning. I'm talking about the headache it entails.
Exactly why the LL wont bother starting! Plus LL wont get rent until they go to court. Which at that time the tt can become a real d*ck back and start asking for an abatement, general repairs, harassment, etc. Especially if TT seeks legal counsel
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: AJK on May 13, 2016, 05:49:29 PM
Happens all the time, my friend.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: whacked1 on May 13, 2016, 05:51:16 PM
Happens all the time, my friend.
I would love for my LL to try that on me!! A friend of mine just ran into a bind with his LL. After a little coaching, he walked away with a 5k rent credit!
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: churnbabychurn on May 14, 2016, 09:53:23 PM
Lakewood is probably different. But in NYC that would never fly.
Sounds right. Do tenants have 311 style any protection in NJ besides going to court?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yochiek93 on June 14, 2016, 05:01:08 AM
Any lawyers that can answer questions about non profits
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on June 14, 2016, 08:59:35 AM
Any lawyers that can answer questions about non profits

No, but my standard message to family and friends is you probably don't really need a nonprofit to do what you are doing.

Do you have donors who will need a deduction?
Will your organization have income?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yochiek93 on June 14, 2016, 09:00:37 AM


No, but my standard message to family and friends is you probably don't really need a nonprofit to do what you are doing.

Do you have donors who will need a deduction?
Will your organization have income?

Yes and yes
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: churnbabychurn on June 14, 2016, 11:31:04 AM
Any lawyers that can answer questions about non profits
Often an accountant can help you set up a non profit with the IRS.

(Accountants are not bloodsuckers)
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yochiek93 on June 14, 2016, 01:58:53 PM
Often an accountant can help you set up a non profit with the IRS.

(Accountants are not bloodsuckers)
And help with issues of distribution of funds?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on June 14, 2016, 02:01:06 PM
(Accountants are not bloodsuckers)

Stinks for them.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: churnbabychurn on June 14, 2016, 02:27:06 PM
Stinks for them.
+10
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: churnbabychurn on June 14, 2016, 02:27:55 PM
And help with issues of distribution of funds?
If there are "issues" you may need a lawyer..
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yochiek93 on June 14, 2016, 02:36:59 PM
If there are "issues" you may need a lawyer..
BH there are no "issues" but I'd rather not even start with them any recommendations?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yomo on June 16, 2016, 05:52:46 PM
Found plastic in candy bar after I swallowed half of it. Called company consumer relations who said someone from insurance company will reach out to me. They left message for me to call back "to make a statement"
Any advice as to what I should or should not say?
What is the best way to handle this to get the most from this claim?

TIA!
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: AJK on June 16, 2016, 06:00:18 PM
What are your damages?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on June 16, 2016, 06:00:26 PM
Found plastic in candy bar after I swallowed half of it. Called company consumer relations who said someone from insurance company will reach out to me. They left message for me to call back "to make a statement"
Any advice as to what I should or should not say?
What is the best way to handle this to get the most from this claim?

TIA!

Better call saul
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yomo on June 16, 2016, 06:53:19 PM
What are your damages?
Almost chocked.
Don't know how plastic may affect my health.
Slight Trauma
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: noturbizniss on June 16, 2016, 06:53:38 PM
What are your damages?
He swallowed plastic! The agony! Now his body needs to poop it out!
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yomo on June 16, 2016, 06:56:36 PM
He swallowed plastic! The agony! Now his body needs to poop it out!
Lol, funny, but in all seriousness foreign things can have an adverse affect on health. Obviously hard to prove like any carcinogen..
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: AJK on June 16, 2016, 07:12:17 PM
Good luck, sir.

Unless you contract some disease, lose a finger or hand, or rupture some internal organ, you're looking at peanuts, if anything.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Aaaron on June 16, 2016, 07:30:09 PM
Good luck, sir.

Unless you contract some disease, lose a finger or hand, or rupture some internal organ, you're looking at peanuts, if anything.

Literally. 

Expect some vouchers for free products.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: JTZ on June 28, 2016, 05:07:57 PM
For a medical malpractice suit does the lawyer usually charge a fee upfront or work on a contingency fee?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Aaaron on June 28, 2016, 05:17:50 PM
For a medical malpractice suit does the lawyer usually charge a fee upfront or work on a contingency fee?

Will usually depend on their gut feeling of success.  Smaller shops are more likely to charge a retainer and handle it hourly, larger firms are more likely to work on contingency. 
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: AJK on June 30, 2016, 09:45:37 AM
The general rule in med mal is contingency.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: dmf2142 on July 02, 2016, 11:39:44 PM
Hey - FL lawyer here.

Medmal is almost always contingency. In fact, I'd be shocked to find a place that charges you hourly and wouldn't recommend you use someone that does. On that note, some states (Read: FL)  have enacted caps on legal fees for medmal cases to disincentive lawsuits and help control medmal insurance premiums for doctors. It is very standard practice for a lawyer to ask you to waive those caps before they take the case. This is not a red flag. The fact is that bringing a medmal case is very expensive and it's not worth it for the ridiculous caps put in place.

Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Zevi16 on July 24, 2016, 04:30:46 PM
How much would it cost for a lawyer to write up a draft contract for me. It's for an apartment rental agency so the 2 parties will sign when they confirm. Is there a way to download one free?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: mordechain on July 24, 2016, 05:36:21 PM
Can anyone let me know who to go to to handle a speeding ticket in upstate NY?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Dr Moose on July 24, 2016, 05:40:47 PM
Can anyone let me know who to go to to handle a speeding ticket in upstate NY?
Where upstate? Which court?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: mordechain on July 24, 2016, 05:42:37 PM
Near Syracuse. Manchester court
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yelped on July 25, 2016, 12:02:10 PM
How much would it cost for a lawyer to write up a draft contract for me. It's for an apartment rental agency so the 2 parties will sign when they confirm. Is there a way to download one free?
Which country or state?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Zevi16 on July 25, 2016, 12:22:13 PM
Which country or state?
NY
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on July 25, 2016, 12:23:22 PM
How much would it cost for a lawyer to write up a draft contract for me. It's for an apartment rental agency so the 2 parties will sign when they confirm. Is there a way to download one free?

You can write it yourself, if you know what you want it to say. 

If you download a form for 20 bucks, that may help give you ideas on what sorts of things you want to discuss in the contract.  But downloading and signing one without reading it and deciding if you want those things, seems a lot less logical then just agreeing with the other side on what you can think of and writing it in plain english.

e.g. A contract to sell arba minim, written by a layperson:
Contract to sell arba minim
Henche will sell Dan's arba minim.  Dan will supply arba minim for sale, and henche will sell and will receive a 10% commission on all sales.  If any are left, henche may return them for full credit. Henche has full discretion on setting price, so long as it is at least 1% above Dan's price.  If henche or Dan wish to cancel, they may on 1 day's notice. Henche may not sell for anyone else this year, even if he cancels this deal. However, if Dan cancels, then henche may sell for someone else.

See, the contract above is probably binding in any state. It has bilateral consideration (henche is giving up right to sell for anyone else, Dan is agreeing to let henche sell for at least 1 day.).  And anyone could have written it, as long as they thought of what they want the deal to be.   
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Zevi16 on July 25, 2016, 12:34:44 PM
You can write it yourself, if you know what you want it to say. 

If you download a form for 20 bucks, that may help give you ideas on what sorts of things you want to discuss in the contract.  But downloading and signing one without reading it and deciding if you want those things, seems a lot less logical then just agreeing with the other side on what you can think of and writing it in plain english.

e.g. A contract to sell arba minim, written by a layperson:
Contract to sell arba minim
Henche will sell Dan's arba minim.  Dan will supply arba minim for sale, and henche will sell and will receive a 10% commission on all sales.  If any are left, henche may return them for full credit. Henche has full discretion on setting price, so long as it is at least 1% above Dan's price.  If henche or Dan wish to cancel, they may on 1 day's notice. Henche may not sell for anyone else this year, even if he cancels this deal. However, if Dan cancels, then henche may sell for someone else.

See, the contract above is probably binding in any state. It has bilateral consideration (henche is giving up right to sell for anyone else, Dan is agreeing to let henche sell for at least 1 day.).  And anyone could have written it, as long as they thought of what they want the deal to be.
Wow thank you. I'm going to look it through and try put it in context.
By the way, is there any way I can get the contract sent to someone and if they send it back it means they agree to it? Because between me and you, the people we deal with won't know how/won't be bothered signing it.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on July 25, 2016, 12:39:37 PM
Wow thank you. I'm going to look it through and try put it in context.
By the way, is there any way I can get the contract sent to someone and if they send it back it means they agree to it? Because between me and you, the people we deal with won't know how/won't be bothered signing it.

I dunno. that's someething you'd definitly want to consult a lawyer.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: good sam on July 25, 2016, 12:43:47 PM
You can write it yourself, if you know what you want it to say. 

If you download a form for 20 bucks, that may help give you ideas on what sorts of things you want to discuss in the contract.  But downloading and signing one without reading it and deciding if you want those things, seems a lot less logical then just agreeing with the other side on what you can think of and writing it in plain english.

e.g. A contract to sell arba minim, written by a layperson:
Contract to sell arba minim
Henche will sell Dan's arba minim.  Dan will supply arba minim for sale, and henche will sell and will receive a 10% commission on all sales.  If any are left, henche may return them for full credit. Henche has full discretion on setting price, so long as it is at least 1% above Dan's price.  If henche or Dan wish to cancel, they may on 1 day's notice. Henche may not sell for anyone else this year, even if he cancels this deal. However, if Dan cancels, then henche may sell for someone else.

See, the contract above is probably binding in any state. It has bilateral consideration (henche is giving up right to sell for anyone else, Dan is agreeing to let henche sell for at least 1 day.).  And anyone could have written it, as long as they thought of what they want the deal to be.

Disagree. This sort of contract will state what the basic agreement is, but often will omit necessary terms, and contingencies in the event things don't go as planned.

1. How much does he have to supply?
2. What quality?
3. What if the goods are less than the agreed upon quality? What if they aren't kosher at all?
4. What if the supply isn't enough? Can henche buy from someone else?
5. By when must the goods be delivered? What if they aren't delivered on time?
6. What if they are damaged in shipping? Who bears the risk?
7. What are henche's remedies if Dan doesn't deliver, or delivers fewer than agreed, or lesser quality?
8. What are Dan's remedies if Henche supplements from another supplier?
9. Is payment due on order, delivery, or sale to consumer?
10. How does Henche collect his commission?
11. What sort of accounting must Henche supply to Dan? How frequent? How detailed?
12. How much effort must Henche exert to sell the goods? If he doesn't market them in good faith, can he still get a refund for the unsold quantities?
13. If there's a dispute, can one party bring the other to court, or must they go to beis din?
14. Is the contract governed by civil law or Jewish law?
15. If there are any left erev yt, can Henche sell for less than cost? Is he required to? Does he get any commission from those sales?

I can go on...
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on July 25, 2016, 12:48:16 PM
Disagree. This sort of contract will state what the basic agreement is, but often will omit necessary terms, and contingencies in the event things don't go as planned.

1. How much does he have to supply?
2. What quality?
3. What if the goods are less than the agreed upon quality? What if they aren't kosher at all?
4. What if the supply isn't enough? Can henche buy from someone else?
5. By when must the goods be delivered? What if they aren't delivered on time?
6. What if they are damaged in shipping? Who bears the risk?
7. What are henche's remedies if Dan doesn't deliver, or delivers fewer than agreed, or lesser quality?
8. What are Dan's remedies if Henche supplements from another supplier?
9. Is payment due on order, delivery, or sale to consumer?
10. How does Henche collect his commission?
11. What sort of accounting must Henche supply to Dan? How frequent? How detailed?
12. How much effort must Henche exert to sell the goods? If he doesn't market them in good faith, can he still get a refund for the unsold quantities?
13. If there's a dispute, can one party bring the other to court, or must they go to beis din?
14. Is the contract governed by civil law or Jewish law?
15. If there are any left erev yt, can Henche sell for less than cost? Is he required to? Does he get any commission from those sales?

I can go on...

I agree 100%.  But it's better than nothing, and also better than a form that has provisions for all 17 of those things but you havne't actually thought about if that's what you want.

Also, you don't always want to negotiate over every term.  Henche might trust Dan to give him good stuff, and Dan may trust henche to sell in good faith, especially since henche isn't allowed to sell for anyone else.  and henche can call Dan on erev yt and ask about dropping the price. 

henche and dan just want something more than a handshake, so that the deal they did negotiate (10%, minimum price, backing out, exclusivity) is memorialized and they feel like it's 'binding"
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: good sam on July 25, 2016, 01:54:44 PM
I agree 100%.  But it's better than nothing, and also better than a form that has provisions for all 17 of those things but you havne't actually thought about if that's what you want.

Also, you don't always want to negotiate over every term.  Henche might trust Dan to give him good stuff, and Dan may trust henche to sell in good faith, especially since henche isn't allowed to sell for anyone else.  and henche can call Dan on erev yt and ask about dropping the price. 

henche and dan just want something more than a handshake, so that the deal they did negotiate (10%, minimum price, backing out, exclusivity) is memorialized and they feel like it's 'binding"
But that's probably not true in OPs case.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yelped on July 25, 2016, 06:15:17 PM
Why can't he just download a standard rental contract with all legal terms and standard provisions and add to it as needed? They pretty much have everything covered.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: good sam on July 25, 2016, 06:40:50 PM
Why can't he just download a standard rental contract with all legal terms and standard provisions and add to it as needed? They pretty much have everything covered.
I wasn't clear about what Zevi was looking for. Is it a standard lease agreement or an agreement with the leasing company?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Zevi16 on July 25, 2016, 07:28:12 PM
I wasn't clear about what Zevi was looking for. Is it a standard lease agreement or an agreement with the leasing company?
Thanx everyone foe their input. I'll be more specific.
Say henche calls zevi and asks zevi to help henche find an apartment for their stay in Israel. Zevi has a list of apartments belonging to numerous different people that asked zevi  to rent out for them.
Zevi decided that Henche will best match Sam's apartment.
Everyone agrees to the price and it is time to close on the deal.
A contract must be done 4 way.
Firstly binding henche to Sam in regard to paying Sam if henche damages anything. Also saying that if henche cancels henche will pay x amount..
Second. Binding Henche to pay zevi the agent fee even if henche cancels (but will get it back)
Third.  Binding Sam to henche that Sam won't cancel.
Fourth. Binding Sam to zevi to pay the agent fee.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: churnbabychurn on July 26, 2016, 12:04:16 AM
Agent fee from both sides is definitely the way to go ;)
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: good sam on July 26, 2016, 12:51:26 AM
I would make 2 separate agreements. A lease agreement between owner and tenant,  and a commission agreement between owner and agent (and tenant if both sides are paying agent).
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Zevi16 on July 26, 2016, 01:16:56 AM
Agent fee from both sides is definitely the way to go ;)
That's regular. At least in Israel.
We're actually planning on branching out to lakewood now. For long term
I would make 2 separate agreements. A lease agreement between owner and tenant,  and a commission agreement between owner and agent (and tenant if both sides are paying agent).
Thank you!
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: thaber on July 27, 2016, 03:09:17 AM
GIYF for all these forms,  and if you're careful and go through a few templates you'll get what you want.  I agree with having a separate commission agreement,  again,  Google will help.  For signing,  Docusign is your friend. 
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Zevi16 on July 27, 2016, 06:29:15 AM
GIYF for all these forms,  and if you're careful and go through a few templates you'll get what you want.  I agree with having a separate commission agreement,  again,  Google will help.  For signing,  Docusign is your friend.
Thanx!
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ExGingi on August 01, 2016, 09:12:08 PM
A good friend living in Florida told me about a phone call he got, which sounds like extortion to me.

Any advice on where he should go? Who should he talk to? Should he consult a lawyer first?

The party attempting the extortion seems to be very deep pocketed.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: churnbabychurn on August 01, 2016, 10:21:21 PM
A good friend living in Florida told me about a phone call he got, which sounds like extortion to me.

Any advice on where he should go? Who should he talk to? Should he consult a lawyer first?

The party attempting the extortion seems to be very deep pocketed.
Fbi?
I'm no lawyer but why would the extortee need to be represented? Unless he wants to sue..
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ExGingi on August 01, 2016, 10:54:44 PM
Fbi?
I'm no lawyer but why would the extortee need to be represented? Unless he wants to sue..
My first thought was FBI, but if it's all within one state, is it still Federal?

I would think that even if he's not planning to sue he would want good legal counsel, taking into account that the other side is likely to have (and is able to afford) top notch lawyers.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ExGingi on August 18, 2016, 05:41:41 PM
Same way any other purported cause of global warming.
So here you have the ultimate solution to control Global Warming caused by Methane emissions, a Methane Backpack:
(https://assets.bwbx.io/images/users/iqjWHBFdfxIU/iX.vs7UDSbcs/v0/-1x-1.jpg)
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: wayfe on August 19, 2016, 02:11:37 PM
I'd like to pitch a business plan to an existing company. Is there any way to ensure that they can't put the plan into effect without agreeing to my terms?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Aaaron on August 19, 2016, 02:13:36 PM
I'd like to pitch a business plan to an existing company. Is there any way to ensure that they can't put the plan into effect without agreeing to my terms?

Have them sign an NDA before the pitch.  Good luck getting them to agree to that though.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Sport on September 22, 2016, 03:25:06 PM
Does anyone know if the construction/maintenance of a highway (under the NYS DOT) has bylaws and if yes how I can obtain them?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: dmf2142 on September 26, 2016, 04:43:43 PM
Have them sign an NDA before the pitch.  Good luck getting them to agree to that though.

TITCR.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Wizard on October 13, 2016, 02:54:51 AM
Anyone clearly know to explain difference between "In Trust For" or ITF vs. "Payable on Death" or POD when setting up bank account beneficiary? TIA!
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: afro on December 26, 2016, 09:55:57 AM
For the past couple months I've been getting someone's railroad pension funds deposited in my account. Am I obligated to report this? to who? If I don't report this and just leave the money am I violating any law?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ExGingi on December 26, 2016, 10:17:13 AM
Anyone clearly know to explain difference between "In Trust For" or ITF vs. "Payable on Death" or POD when setting up bank account beneficiary? TIA!
The difference seems to be exactly as implied by the words:

In Trust For means that assets are held currently in trust for a beneficial owner, and are not owned currently by someone else.

POD is just a way to name a direct beneficiary at death, bypassing the necessity of probate in order to disburse funds.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Wizard on December 26, 2016, 01:49:29 PM
The difference seems to be exactly as implied by the words:

In Trust For means that assets are held currently in trust for a beneficial owner, and are not owned currently by someone else.

POD is just a way to name a direct beneficiary at death, bypassing the necessity of probate in order to disburse funds.
Thanks so if I want someone specific to get my bank account and I don't have a will, which is better for me?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ckmk47 on December 26, 2016, 11:22:17 PM
For the past couple months I've been getting someone's railroad pension funds deposited in my account. Am I obligated to report this? to who? If I don't report this and just leave the money am I violating any law?
Did you spare any thoughts for the guy who's now missing his railroad pension funds?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: afro on December 26, 2016, 11:31:38 PM
Did you spare any thoughts for the guy who's now missing his railroad pension funds?

Seriously??

ok here goes...

If i'm posting a question in a "Any Lawyers out there of whom I may ask a question?" thread, don't you think that my question should be solely focused on the legal aspects of the story?

Where do you get that I don't feel bad for someone who's missing money when I asked a questions about my legal obligations?

Do you not have anything better to do than to troll threads and try to get post count up?

Get looser pair of pants and start a new thread "How to detect and infer things from people asking legal questions"

I'm sorry for being a bit hard on you but stop trying to be the moral hero who flies in and flaunt your moral superiority.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: good sam on December 26, 2016, 11:54:47 PM
For the past couple months I've been getting someone's railroad pension funds deposited in my account. Am I obligated to report this? to who? If I don't report this and just leave the money am I violating any law?
Of course you have to!

Find out from the bank who's making the deposits. They should give you enough info to contact them.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: afro on December 26, 2016, 11:55:51 PM
Of course you have to!

Find out from the bank who's making the deposits. They should give you enough info to contact them.

called bank and they said they can't give me info about payee of pension.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ExGingi on December 26, 2016, 11:58:39 PM
Thanks so if I want someone specific to get my bank account and I don't have a will, which is better for me?
If it's yours, unless you are giving it away now (or doing some work with an attorney to create an appropriate structure) POD is your option for bypassing probate on a bank account. If it's a significant sum and it's mostly intended to go to someone else, one might do better with life insurance or an annuity.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: good sam on December 26, 2016, 11:58:40 PM
called bank and they said they can't give me info about payee of pension.
Of course not. You should be calling the payor.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: gozalim on January 30, 2017, 03:32:39 PM
A relative was recently turned down for an apartment: landlord returned the application with the word "lawsuit". seems like it's some kind of housing lawsuit.

problem is, neither of the couple ever rented elsewhere before, and shouldn't have had any such thing outstanding...
question is

Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: churnbabychurn on February 16, 2017, 06:01:20 PM
A landlord notified of a rent increase, and of an automatic rent renewal for another year. Tenant responded via email that they cannot afford the rental increase and request to renew the rent at a lower rate. - landlord did not respond.
Now tenant wants to leave (a couple of months into the new "term"), but landlord claims the lease is renewed for another year.

Per the lease, "unless tenant provides written intent to vacate 30 days prior to term..of his intention to vacate the premises on the expiration date of lease term, said failure to notify shall be considered as the intention of the tenant to renew the lease agreement for a new term at a new rent as specified by the landlord"

This is NJ

Can the tenant get out of the lease?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ckmk47 on February 16, 2017, 08:55:37 PM
A landlord notified of a rent increase, and of an automatic rent renewal for another year. Tenant responded via email that they cannot afford the rental increase and request to renew the rent at a lower rate. - landlord did not respond.
Now tenant wants to leave (a couple of months into the new "term"), but landlord claims the lease is renewed for another year.


INAL. By paying the new, requested, rate, I think the tenant agreed to the lease renewal.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: churnbabychurn on February 16, 2017, 11:44:10 PM
INAL. By paying the new, requested, rate, I think the tenant agreed to the lease renewal.
It's an argument...

I'm more interested in knowing whether the whole clause is legally binding.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ExGingi on February 17, 2017, 12:49:31 AM
It's an argument...

I'm more interested in knowing whether the whole clause is legally binding.
The question is always what's at stake. Unless it's something that's hard to find an alternative tenant for, and a terminating tenant that has assets to pursue, the landlord is simply flexing his muscles, but the bite can't be as bad as the bark.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: churnbabychurn on February 17, 2017, 06:29:36 AM


The question is always what's at stake. Unless it's something that's hard to find an alternative tenant for, and a terminating tenant that has assets to pursue, the landlord is simply flexing his muscles, but the bite can't be as bad as the bark.

Interesting.
Would landlord be able to file a law suit and ruin tenant credit?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ExGingi on February 17, 2017, 07:20:36 AM

Interesting.
Would landlord be able to file a law suit and ruin tenant credit?
Yes.

But, how likely is landlord to do that? Is it a professional landlord? Is it worth it for the landlord?

What if landlord suffers no material loss (or very little)? Will he spend time and money to sue?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: AJK on February 17, 2017, 07:20:57 AM
Yes
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: churnbabychurn on February 17, 2017, 09:52:39 AM
Whenever a tenant whose original term of leasing shall be for a period of one month or longer shall hold over or remain in possession of the demised premises beyond the term of the letting, the tenancy created by or resulting from acceptance of rent by the landlord shall be a tenancy from month to month N.J.S.A. 46:8-10

In Green v. Verma court ruled that the the clause landlord inserted was ok. But they were lawyers. (and roughed up the landlord in court).

in Gamble v. Connolly tenants were able to argue that the lease provision is an unconscionable ďterm of adhesion,Ē. I would argue the same.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ckmk47 on February 17, 2017, 09:57:58 AM
Whenever a tenant whose original term of leasing shall be for a period of one month or longer shall hold over or remain in possession of the demised premises beyond the term of the letting, the tenancy created by or resulting from acceptance of rent by the landlord shall be a tenancy from month to month N.J.S.A. 46:8-10

In Green v. Verma court ruled that the the clause landlord inserted was ok. But they were lawyers. (and roughed up the landlord in court).

in Gamble v. Connolly tenants were able to argue that the lease provision is an unconscionable ďterm of adhesion,Ē. I would argue the same.
Wow! Great info!
So the tenant is free to leave.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: churnbabychurn on February 17, 2017, 10:05:26 AM
Wow! Great info!
So the tenant is free to leave.
No!
The law is only if there is no agreement to the contrary.

Question is if the agreement is valid or not.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ckmk47 on February 17, 2017, 10:06:44 AM
No!
The law is only if there is no agreement to the contrary.

Question is if the agreement is valid or not.
Got it.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ExGingi on February 17, 2017, 11:46:51 AM
in Gamble v. Connolly tenants were able to argue that the lease provision is an unconscionable ďterm of adhesion,Ē. I would argue the same.
I am not a lawyer, but I've heard of "contract of adhesion", not of "term of adhesion".

From my personal experience, leases are almost always negotiable, with language added or crossed out from the standard form. Wouldn't that negate the "term of adhesion" argument?

In my responses above, I wasn't arguing law, I am not qualified for that (despite some very limited knowledge in certain areas), I was suggesting real life practical approaches. The fact that you are bringing a legal argument against the contract, just strengthens my PRACTICAL approach. Since the landlord won't win by default in court, he has to weigh his options before pursuing that route. Many times they will just move on.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: bubkiz on February 17, 2017, 12:04:25 PM
I am not a lawyer, but I've heard of "contract of adhesion", not of "term of adhesion".

From my personal experience, leases are almost always negotiable, with language added or crossed out from the standard form. Wouldn't that negate the "term of adhesion" argument?

In my responses above, I wasn't arguing law, I am not qualified for that (despite some very limited knowledge in certain areas), I was suggesting real life practical approaches. The fact that you are bringing a legal argument against the contract, just strengthens my PRACTICAL approach. Since the landlord won't win by default in court, he has to weigh his options before pursuing that route. Many times they will just move on.
+1
Keep in mind that the tenants are usually viewed as the underdog against the "greedy" landlord which makes it much harder to litigate for the landlords.

I had a somewhat similar situation when I was a tenant and even though the landlord may have won in court, they moved on. The cost of serving papers, having a lawyer represent them, the possibility of the case getting pushed off, etc. will usually deter legal action unless there is a large amount at stake or they want to make a korbon out of you.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: churnbabychurn on February 17, 2017, 02:37:35 PM
Yeah, but how about reports on credit report? Do they need a court judgment for that, or can they just file 30/90 day late ?

Also, are these simple to remove?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ExGingi on February 17, 2017, 03:13:05 PM
Yeah, but how about reports on credit report? Do they need a court judgment for that, or can they just file 30/90 day late ?

Also, are these simple to remove?
I would guess that unless they are a professional landlord, they wouldn't even go that route.

If it reaches credit report, you can probably fight. Request validation, etc. etc.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: churnbabychurn on February 17, 2017, 03:15:19 PM
I would guess that unless they are a professional landlord, they wouldn't even go that route.

If it reaches credit report, you can probably fight. Request validation, etc. etc.
They are professional. But the risk of a judge invalidating this nasty clause will ruin their contract for hundreds of units.

They may not want to take that risk...
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: churnbabychurn on February 17, 2017, 03:16:20 PM
I would guess that unless they are a professional landlord, they wouldn't even go that route.

If it reaches credit report, you can probably fight. Request validation, etc. etc.
Wouldn't it reach the credit report fast? Will the put collection people to chase the tenant? Can they without a court order?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on February 17, 2017, 03:47:33 PM
I am not a lawyer, but I've heard of "contract of adhesion", not of "term of adhesion".

From my personal experience, leases are almost always negotiable, with language added or crossed out from the standard form. Wouldn't that negate the "term of adhesion" argument?


In my personal experience, leases are never negotiable.


Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ExGingi on February 18, 2017, 09:15:01 PM
In my personal experience, leases are never negotiable.
-1

I have negotiated leases.

Obviously if it's an owner's market, owners won't bother negotiating, as they can easily find someone else. However, in such a scenario, how likely are they to spend resources pursuing a tenant for early termination? They might even be happy, as they can get a new tenant at more favorable terms.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: churnbabychurn on February 18, 2017, 09:43:53 PM
Would attorneys be interested in handling this on contingency?
When tenant wins, they will collect the fees from the wealthy and oppressive landlord.
Should be a pretty easy case. Matter of drafting a couple of letters. I can't imagine landlord wants to risk a judge invalidating the clause. - would be a major hit to business model.

 (https://uploads.tapatalk-cdn.com/20170219/6503aedc360018b5c6e8d4b75c96fa92.jpg)
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: thaber on February 18, 2017, 11:27:27 PM
As someone on the other side of the table, I'm struggling to understand how any landlord anywhere can unilaterally renew for a year. He can change terms, but can't extend a contract. what happens after the expiration of the lease is explicated in the actual lease in every lease I've ever seen. Perhaps automatic yearly renewals are there?
As an aside, it's not difficult to get a judgment, and it's really not difficult to report to credit/ collections, many services do it for you for a nominal fee.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: noturbizniss on March 21, 2017, 08:08:09 PM
Any real estate lawyers here I can pm a question to?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: good sam on March 26, 2017, 01:51:22 PM
Any real estate lawyers here I can pm a question to?
Yup
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: noturbizniss on March 26, 2017, 04:14:46 PM
Yup
Thanks,but too late. Got question answered.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: elit on May 03, 2017, 12:57:01 PM
I am not sure if this is the right thread but.... I am trying to figure out how to figure out zoning rules for a shul in a specific part of Nassau County, I cant find anything that I understand online.  Is that a real estate lawyer question? Does anyone here have knowledge or know how to find that info out? Thanks!
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Am on May 03, 2017, 01:05:08 PM
I am not sure if this is the right thread but.... I am trying to figure out how to figure out zoning rules for a shul in a specific part of Nassau County, I cant find anything that I understand online.  Is that a real estate lawyer question? Does anyone here have knowledge or know how to find that info out? Thanks!
Land use attorney. You can also ask your engineer.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: elit on May 03, 2017, 01:12:18 PM
Land use attorney. You can also ask your engineer.
didn't know there is such a thing. Any land use attorneys on here?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Am on May 03, 2017, 06:59:37 PM
didn't know there is such a thing. Any land use attorneys on here?
If you didn't need a land use attorney for the job then ask the engineer. If it's a simple answer, he'll just answer. Otherwise, Zoning due diligence is one of the services that Civil engineers do.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: am7734 on May 03, 2017, 07:23:13 PM
Land use attorney. You can also ask your engineer.
Try giving your local building department a call.. they should have something useful to say
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: elit on May 03, 2017, 07:27:23 PM
If you didn't need a land use attorney for the job then ask the engineer. If it's a simple answer, he'll just answer. Otherwise, Zoning due diligence is one of the services that Civil engineers do.
I didn't use anyone for anything yet I am at the very very early stages of looking for a property and am trying to get an idea of what properties areas can be considered and what's for sure ruled out
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Am on May 04, 2017, 10:14:49 AM
I didn't use anyone for anything yet I am at the very very early stages of looking for a property and am trying to get an idea of what properties areas can be considered and what's for sure ruled out
In that case, how about a real estate agent?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Sport on May 08, 2017, 12:33:59 PM
Are there any lawyers on here that is familiar with office leases and can help me by reviewing an office lease? It is pretty standard with a few provisions, I want to make sure I am properly stipulating what I want.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yomo on May 09, 2017, 02:59:05 AM
Are there any lawyers on here that is familiar with office leases and can help me by reviewing an office lease? It is pretty standard with a few provisions, I want to make sure I am properly stipulating what I want.
I'm not a lawyer but quite familiar. I do commercial leasing in NYC
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: good sam on May 09, 2017, 07:29:43 AM
Are there any lawyers on here that is familiar with office leases and can help me by reviewing an office lease? It is pretty standard with a few provisions, I want to make sure I am properly stipulating what I want.
Hire a lawyer. Leases are complicated, there are things you aren't thinking of.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Sport on May 09, 2017, 08:57:51 AM
Hire a lawyer. Leases are complicated, there are things you aren't thinking of.
Just to clarify, I wasn't expecting someone to do this for free.
As of now I drafted a lease myself, using a current lease that I'm the tenant on as my template and need a lawyer to review.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: good sam on May 10, 2017, 08:42:18 AM
Just to clarify, I wasn't expecting someone to do this for free.
As of now I drafted a lease myself, using a current lease that I'm the tenant on as my template and need a lawyer to review.
Understood. Sending PM.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Medic97 on June 15, 2017, 10:55:21 AM
Any recommendations out there for a debt settlement lawyer? I am being sued for a defaulted personal loan.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: hvaces42 on June 15, 2017, 11:19:09 AM
Any recommendations out there for a debt settlement lawyer? I am being sued for a defaulted personal loan.
Sate?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Medic97 on June 15, 2017, 11:20:39 AM
Sate?
Sorry, nyc.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: good sam on June 16, 2017, 12:50:01 AM
Any recommendations out there for a debt settlement lawyer? I am being sued for a defaulted personal loan.
Try this guy. From guy in monsey.

https://www.rosenfeldlg.com
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Thingywingy on June 16, 2017, 02:55:48 AM
From my research it seems that a green card holder who sells a property outside the U.S. would be required to pay capital gains tax. Can they avoid the tax by selling it to their spouse (U.S. citizen) prior to applying for a green card? It's their intention to sell soon thereafter, however the new purchase price would be close to the selling price, thereby almost all capital gains?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yoruel on August 02, 2017, 05:17:06 PM
Why do Numerous firms investigate possible breaches of fiduciary duty?
Publicly traded company is selling.
If there is suit, do they all get together?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on August 02, 2017, 05:25:43 PM
From my research it seems that a green card holder who sells a property outside the U.S. would be required to pay capital gains tax. Can they avoid the tax by selling it to their spouse (U.S. citizen) prior to applying for a green card? It's their intention to sell soon thereafter, however the new purchase price would be close to the selling price, thereby almost all capital gains?

I wonder if the wash sale rule applies to non-U.S. persons.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on August 02, 2017, 05:26:23 PM
Why do Numerous firms investigate possible breaches of fiduciary duty?
Publicly traded company is selling.
If there is suit, do they all get together?

No, they all fight to be the one heading the suit.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: churnbabychurn on August 10, 2017, 11:46:50 AM
any recommendations for employment attorneys? need a pretty complicated employment contract drawn up.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: mgarfin on August 14, 2017, 09:46:21 AM
Im trying to understand the law

http://codes.findlaw.com/ny/vehicle-and-traffic-law/vat-sect-238.html

2-a. (a) Notwithstanding any inconsistent provision of subdivision two of this section, where the plate type or the expiration date are not shown on either the registration plates or sticker of a vehicle or where the registration sticker is covered, faded, defaced or mutilated so that it is unreadable, the plate type or the expiration date may be omitted from the notice of violation;  provided, however, such condition must be so described and inserted on the notice of violation.

In a scenario where the registration was covered and the officer entered a wrong plate type will it get dismissed?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on August 14, 2017, 09:50:44 AM
Im trying to understand the law

http://codes.findlaw.com/ny/vehicle-and-traffic-law/vat-sect-238.html

2-a. (a) Notwithstanding any inconsistent provision of subdivision two of this section, where the plate type or the expiration date are not shown on either the registration plates or sticker of a vehicle or where the registration sticker is covered, faded, defaced or mutilated so that it is unreadable, the plate type or the expiration date may be omitted from the notice of violation;  provided, however, such condition must be so described and inserted on the notice of violation.

In a scenario where the registration was covered and the officer entered a wrong plate type will it get dismissed?

Did officer write that it was covered?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: mgarfin on August 14, 2017, 09:55:42 AM
Did officer write that it was covered?

He gave 2 tickets
On parking one he didn't
on failing to display a scannable registration he did
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on August 14, 2017, 10:13:19 AM
He gave 2 tickets
On parking one he didn't
on failing to display a scannable registration he did

I mean, according to the text you posted above, I would think the parking ticket should be tossed.

But since law is a prediction of how a judge will rule, knowing how NYC parking works, I would not be surprised either way.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: hvaces42 on August 14, 2017, 06:32:07 PM
Wrong plate type is automatic dismissal. i.e. PAS instead of SRF or COM

There are 5 statutory automatic dismissals on NYC parking violations. Wrong registration expiration date. Wrong Plate, Wrong Make, Model and wrong registration type. (This is from memory. But I believe I got them all.)

You still dont have to respond as it will never hit your plate if its the wrong plate type. If you want to be safe respond and invoke statutory automatic dismissal.

Its not in the actual statute. Its in the practice commentaries.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: wayfe on September 06, 2017, 01:09:26 PM
What are the laws regarding salaried vs. hourly employees in NY?

Is pay allowed to be docked if I'm short on clocked hours one week?

I feel this is unfair since I will work OT on other weeks without getting the OT pay an hourly employee would get...
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: gozalim on September 06, 2017, 01:24:26 PM
What are the laws regarding salaried vs. hourly employees in NY?

Is pay allowed to be docked if I'm short on clocked hours one week?

I feel this is unfair since I will work OT on other weeks without getting the OT pay an hourly employee would get...
and the OT doesn't accrue/carry over to balance out shortages?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: wayfe on September 06, 2017, 02:00:31 PM
and the OT doesn't accrue/carry over to balance out shortages?

No.

I get 40hrs of PTO annually which I like to save for vacation/sick leave or unpaid YT days (like Chol Hamoed)
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: churnbabychurn on September 06, 2017, 02:02:02 PM
What are the laws regarding salaried vs. hourly employees in NY?

Is pay allowed to be docked if I'm short on clocked hours one week?

I feel this is unfair since I will work OT on other weeks without getting the OT pay an hourly employee would get...
Why don't you get ot?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: wayfe on September 06, 2017, 02:03:03 PM
Why don't you get ot?

I don't qualify for OT since I recently switched to a salary instead of hourly wage.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: gozalim on September 06, 2017, 02:03:35 PM
What are the laws regarding salaried vs. hourly employees in NY?

Is pay allowed to be docked if I'm short on clocked hours one week?

I feel this is unfair since I will work OT on other weeks without getting the OT pay an hourly employee would get...
Sounds like you're getting some paid YT days that hourly employees don't...
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: wayfe on September 06, 2017, 02:05:27 PM
Sounds like you're getting some paid YT days that hourly employees don't...

No, those YT days are paid for the entire company.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: gozalim on September 06, 2017, 02:07:05 PM
So hourly employees get YT pay? so why would you switch to salary?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: churnbabychurn on September 06, 2017, 02:15:53 PM
I don't qualify for OT since I recently switched to a salary instead of hourly wage.
That's not a disqualifier iirc
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: gozalim on September 06, 2017, 02:18:01 PM
That's not a disqualifier iirc
it might not disqualify automatically, but I believe (over a certain salary) it allows employers to cancel. Didn't BHO raise that number recently?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: wayfe on September 06, 2017, 02:18:23 PM
That's not a disqualifier iirc

I'm a manager- pretty sure that disqualifies me from OT.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: churnbabychurn on September 06, 2017, 05:06:42 PM
I'm a manager- pretty sure that disqualifies me from OT.
Yes, that would do it.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yitzf on September 06, 2017, 05:19:16 PM
I wonder if the wash sale rule applies to non-U.S. persons.
I would think so. But how is that relevant here if we a discussing a gain?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Mikeoracle on September 06, 2017, 05:34:01 PM
Yes, that would do it.
But it should at the same time exempt him from getting docked.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: good sam on September 06, 2017, 11:55:59 PM
But it should at the same time exempt him from getting docked.
It's not that. Unless you're contractually obligated to work X number of hours, I don't see how they dock your pay. If they don't like your performance they can fire you but you have to get paid your salary.

Unless this was agreed to before hand (in a handbook or such).
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: wayfe on November 07, 2017, 06:24:16 PM
From my previous posts in this thread- you might have guessed things weren't going to well for me...  ;)

My contract stipulated that I would provide 6 weeks written notice prior to leaving.

I emailed my employers of my resignation- and we had a verbal agreement that the 6 weeks time would not be necessary and I was free to leave immediately.

The following day my employers offered me a different position and different salary and I accepted. I was not presented with a new contract.

However, the position still didn't work out and I resigned yesterday- giving 1 day notice.

In the absence of a new contract- does it revert to stipulations of my previous contract?

My employer claims that I owe him 4 weeks notice as stipulated in my contract (he is wrong about the 4 weeks- my last contract required 6 weeks.)
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on November 07, 2017, 06:29:24 PM
From my previous posts in this thread- you might have guessed things weren't going to well for me...  ;)

My contract stipulated that I would provide 6 weeks written notice prior to leaving.

I emailed my employers of my resignation- and we had a verbal agreement that the 6 weeks time would not be necessary and I was free to leave immediately.

The following day my employers offered me a different position and different salary and I accepted. I was not presented with a new contract.

However, the position still didn't work out and I resigned yesterday- giving 1 day notice.

In the absence of a new contract- does it revert to stipulations of my previous contract?

My employer claims that I owe him 4 weeks notice as stipulated in my contract (he is wrong about the 4 weeks- my last contract required 6 weeks.)

Is he going to sue you?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: wayfe on November 07, 2017, 06:32:44 PM
Is he going to sue you?

I hope not.

Does he have grounds to sue?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on November 07, 2017, 07:16:16 PM
I hope not.

Does he have grounds to sue?

If he won't, who cares
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: churnbabychurn on November 07, 2017, 07:52:39 PM
I hope not.

Does he have grounds to sue?
Sue him for the over time and for providing a hostile work environment harrasement etc
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: wayfe on November 07, 2017, 08:04:23 PM
If he won't, who cares

I don't know whether he will or won't. But I need to know if he can or if he's bluffing. He slipped it into an email to me- and it smells like a threat or something...

Need to know whether I still need to play nice or if I can finally be frank with him.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: wayfe on November 07, 2017, 08:05:25 PM
Sue him for the over time and for providing a hostile work environment harrasement etc

I wish.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: churnbabychurn on November 07, 2017, 08:38:49 PM
I wish.
Slip it to him in an email...
Let him wonder if it's a threat or real etc
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: wayfe on November 07, 2017, 09:02:09 PM
Slip it to him in an email...
Let him wonder if it's a threat or real etc

Not worth it.
 I resigned so that I wouldn't have to deal with this a**hole.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: aygart on November 07, 2017, 09:11:02 PM
I hope not.

Does he have grounds to sue?
If he won't, who cares
And if he will who cares. Once he dues you list even if there are no grounds.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: theduke on November 09, 2017, 04:41:39 PM
What are the laws regarding salaried vs. hourly employees in NY?

Is pay allowed to be docked if I'm short on clocked hours one week?

I feel this is unfair since I will work OT on other weeks without getting the OT pay an hourly employee would get...
If you are salaried then the company must pay you the same amount regardless of the amount of hours worked, but they can require you to use PTO hours for missing hours, although if you no longer have PTO left they still have to pay the same amount. Sounds confusing cuz it is. You may think I can take off all year and they have to pay me but the employer does have the right to fire you for not performing your duty. From personal experience alot of people don't realize this and employees on salary often get pay deducted illegally.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Am on December 19, 2017, 08:34:22 PM
Newark Court is accepting plea bargains for more than the actual guilty fine would be. They were willing to settle for $250 for garbage in front of building.  The ordinance fine is listed as $100. They have been doing this for some time playing on peopleís ignorance.
I was wondering about any lawyerís thoughts. Legality, constitutionality and anything else...
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: churnbabychurn on December 19, 2017, 08:49:45 PM
Can anyone recommend a nj attorney for a small dispute? Re/escrow related
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: gubevo18 on December 19, 2017, 09:20:39 PM
to evict a tenant from a two family house without a lease all i need is 30 days correct? are they able to fight and get that extended?
(excuse my ignorance i'm not in real estate and never had to deal with a tenant like this before)
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on December 19, 2017, 09:25:56 PM
to evict a tenant from a two family house without a lease all i need is 30 days correct? are they able to fight and get that extended?
(excuse my ignorance i'm not in real estate and never had to deal with a tenant like this before)

Lots of stuff at play.  Get a lawyer
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yelped on December 19, 2017, 10:28:14 PM
to evict a tenant from a two family house without a lease all i need is 30 days correct? are they able to fight and get that extended?
(excuse my ignorance i'm not in real estate and never had to deal with a tenant like this before)
Good luck.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: good sam on December 19, 2017, 10:40:29 PM
Lots of stuff at play.  Get a lawyer
Yes. Even a cheap one, just anyone who knows their way around kangaroo L&T court.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: happinessNsunshine on December 19, 2017, 10:51:51 PM
to evict a tenant from a two family house without a lease all i need is 30 days correct?
Very unlikely to get them out so soon.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: mlomni on January 02, 2018, 10:06:40 PM
Any lawyers here that specialized in federal labor laws that i can ask a question?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ckmk47 on January 10, 2018, 01:24:37 PM
NYC small claims court.
Do I have to bring bills for completed repairs, or is estimates for the job enough to show a loss? ie Do I have to repair it before suing?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: davidd75 on January 29, 2018, 06:13:59 PM
looking to go to trial to fight a speeding ticket in NJ
any recommendations for best web based reading material to help me prepare
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: username on January 31, 2018, 01:52:48 PM
I paid someone else's driving ticket online. On the paper ticket that you submit by mail with payment, there is a box to plead guilty. Online, nowhere did I plead guilty. Can they report the driving offense to the BMV?


(South Euclid, FWIW) and no they don't take Amex, and they have a $3.00 convenience fee for online payments.


ETA: I see it now.

By submitting your information to request payment, you understand that you are pleading "Guilty" to all charges against you as listed on the citation, consequently waiving your right to an appearance in court or to a trial. You further understand that, when processed, this will close your case and the Court will forward this information to the Bureau of Motor Vehicles and the appropriate points will still be added to your license.


But the defendant never saw or read the website. And the payment was clearly from my CC, not theirs.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Tzvi s on June 10, 2018, 02:23:49 PM
Is there a lawyer i can message on this forum a question i have, regarding the way i opened my credit cards?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ElectricCPR on June 28, 2018, 10:49:57 AM
Anyone is/ knows an auto insurance lawyer to fight a claim?
PS I'm located in NYC
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: theblakdavid on July 06, 2018, 11:43:40 AM
Looking for a lawyer for education/ schooling issue. My wife's graduate is causing major issues about her (small) absence and (little) delay in handing in work, while the reasons are pregnancy and religion (Pesach). We have notified them beforehand about holidays and preg but they have not been accomodating at all (title ix maybe). They want to kick her out of the graduate program, while we're fine with that we want our tuition (12k) back! There may even be grounds for lawsuit here but I'll be happy to pay a lawyer just to get back our money. Any ideas?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Berenstein Bear on July 09, 2018, 01:15:17 PM
I have a complicated upcoming STD/maternity leave situation. Trying to get clarity on NY/NJ disability. Anyone out there familiar? Who could I reach out to?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: jiyeone60 on July 10, 2018, 11:47:12 AM
Anyone know what kind of lawyer I need in this case? So I signed a contract to rent out some luxury items to this corporation for a fee every month. They have been late for payment for a month and have been nearly impossible to contact. It seems like they may be trying to pocket the goods and may try to disappear. However I dug up some home addresses of some of the officers/workers there. How do I recover my items?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: mercaz1 on July 10, 2018, 12:26:13 PM
Anyone know what kind of lawyer I need in this case? So I signed a contract to rent out some luxury items to this corporation for a fee every month. They have been late for payment for a month and have been nearly impossible to contact. It seems like they may be trying to pocket the goods and may try to disappear. However I dug up some home addresses of some of the officers/workers there. How do I recover my items?

sue them for breach of contract.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: beeweegee on July 12, 2018, 10:39:32 PM
Anyone familiar with employment law in NJ? Specifically regarding restrictions in a contract like non-competes, etc.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ludmila on July 27, 2018, 06:44:49 PM
I received 2 letters from a university that one of their financial aid employees sent my 2 daughters FAFSA by mistake to a different family, it includes ours and my daughters SSN, D.OB. address etc, they apologized and offered 6 months free credit monitoring , is there any legal action we can take against the university by checking with an attorney to sue, this is scary stuff, all our personal info sent to strangers. Any opinions?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: gubevo18 on August 12, 2018, 12:58:33 AM
Any lawyers in jersey I can ask a quick question?
Moe than happy to compensate for your time. Just donít know who to call. Shouldnít take more than a couple of minutes.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: jmz on August 23, 2018, 10:57:38 AM
Anyone here familiar with probate estates?
have a quick question to ask.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: noturbizniss on September 04, 2018, 11:04:10 PM
Few weeks ago I opened a warranty claim for my pool heater on a Saturday night. I get an email that abc pool (name changed to protect the stupid) will be contacting me within 48 business hours to schedule.
Sunday I speak to my regular pool guy who advises me how I may fix the heater and i try and it works. By Monday  itís up to where it should be.
My wife takes kids to camp and comes home and calls in a panic that thereís someone in our backyard! ABC pool truck is in front and she looks in back and they are fiddling with the heater. Mind you I never specified what the issue was.
I told her to tell them to leave as they never contacted us to schedule it and I donít need it. They were very nice and left. She didnít sign anything.
I called American home shield, the warranty company and tel them what happened and that I donít need service. I ask if I will be charged and they said that a) ahs doesnít even see that abc had set up an appointment and b) they absolutely cannot come without falling first.

Later that day someone from abc calls me angrily that they showed up and we told them to leave. I said that nobody called to schedule and we canceled the service and they didnít even know what the issue was so how can ups they try to fix it!
The guy responded that they have a contract with ahs and can go onto properties without speaking t the homeowner first. That by starting a service request it allows this.
I adamantly disagreed and said thatís not true you need to call and he ended up hanging up on me.
I called ahs back and they confirmed the guy was full of garbage and they cannot go in without first calling. 
I attached the relevant image from my contract showing 2b that they have to call.

Today I see a fedex label created to me from a law firm with the name abc pool company as a reference.
I donít know if itís a notice of bills due or what it is.
Am I in any way liable here? I canít imagine I am but I really donít want to have to hire a lawyer and have to counter sue for attorney fees.
Once I get the package Iíll obviously call ahs as I believe the company can only go after ahs since my service fee ($100 mind you) always goes to ahs and they pay the contractor.
Is there any way they can go after me for the full charge of the call?
Or are they essentially messed over because they violated the contract and then were technically trespassing?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: gingyguy on September 04, 2018, 11:09:43 PM
Few weeks ago I opened a warranty claim for my pool heater on a Saturday night. I get an email that abc pool (name changed to protect the stupid) will be contacting me within 48 business hours to schedule.
Sunday I speak to my regular pool guy who advises me how I may fix the heater and i try and it works. By Monday  itís up to where it should be.
My wife takes kids to camp and comes home and calls in a panic that thereís someone in our backyard! ABC pool truck is in front and she looks in back and they are fiddling with the heater. Mind you I never specified what the issue was.
I told her to tell them to leave as they never contacted us to schedule it and I donít need it. They were very nice and left. She didnít sign anything.
I called American home shield, the warranty company and tel them what happened and that I donít need service. I ask if I will be charged and they said that a) ahs doesnít even see that abc had set up an appointment and b) they absolutely cannot come without falling first.

Later that day someone from abc calls me angrily that they showed up and we told them to leave. I said that nobody called to schedule and we canceled the service and they didnít even know what the issue was so how can ups they try to fix it!
The guy responded that they have a contract with ahs and can go onto properties without speaking t the homeowner first. That by starting a service request it allows this.
I adamantly disagreed and said thatís not true you need to call and he ended up hanging up on me.
I called ahs back and they confirmed the guy was full of garbage and they cannot go in without first calling. 
I attached the relevant image from my contract showing 2b that they have to call.

Today I see a fedex label created to me from a law firm with the name abc pool company as a reference.
I donít know if itís a notice of bills due or what it is.
Am I in any way liable here? I canít imagine I am but I really donít want to have to hire a lawyer and have to counter sue for attorney fees.
Once I get the package Iíll obviously call ahs as I believe the company can only go after ahs since my service fee ($100 mind you) always goes to ahs and they pay the contractor.
Is there any way they can go after me for the full charge of the call?
Or are they essentially messed over because they violated the contract and then were technically trespassing?
crazy story!
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: noturbizniss on September 04, 2018, 11:15:59 PM
crazy story!
Yup! Ive cancelled multiple service requests prior to arrival (even after scheduling) and had no issue!
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Zevi16 on September 05, 2018, 01:58:22 AM
Are there any lawyers here that are familiar with gaming laws either in NJ or NYC? Could you PM me?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ElectricCPR on September 06, 2018, 09:52:46 AM
Any patent lawyers out there? Please PM me
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: gingyguy on September 06, 2018, 02:18:41 PM
Got the letter
holy mackerel!
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: noturbizniss on September 06, 2018, 02:34:28 PM
Got the letter
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: noturbizniss on September 06, 2018, 02:35:52 PM
Potential new review

I opened a claim saturday night with my warranty company, got an email saying they would call for an appointment. Monday at 920AM my wife comes home and they let themselves into my yard and were messing with my equipment.
They did not call to set up an appointment. They did not know what was wrong, they just opened the fence and walked to my backyard like they owned the place and started an unauthorized exploratory search of my equipment. Nothing appears damaged so at least i don't need a new claim for that.
 
They called me and were adamant that what they did is how they always work and is the correct way. Given that i have had at least 6 other different services from AHS, and they all called first, i find it very hard to believe that they legitimately believe they can just waltz onto someone's property without their express consent.
 
I received a letter today,9/6 complaining about some of the words I used in my original review. They did NOT argue that they had entered my property without permission, nor did they in any way claim that my story was untrue or that they had in fact been in compliance with their contract.
 
According to http://www.dashfarrow.com/criminal-law/criminal-trespassing/, Defiant Trespassing is defined as ď New Jersey Statutes (NJSA) 2C:18-3b explains that a person commits a petty disorderly offense if he or she had been notified against trespassing but still chose enter or remain in a place. The warning could have been verbal, through signage or via fencing designed to keep intruders out.Ē
As my entire property is fenced in (albeit unlocked), one could argue that there is notification against trespassing. As such one might read my review above and then read the definition of trespassing and perhaps connect the dots. 


Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: miles lover on October 25, 2018, 02:32:09 AM
Anyone know a lawyer who would sue a shipping company for lying about delivery ? The shipping company  did not attempt delivery. I lost a lot from it. Itís a bit of a hard house to get to so Iím assuming the person was lazy and just skipped it.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: emineh17 on October 31, 2018, 10:07:24 AM
Hi,

Looking for a lawyer that can tell me if I have a case to sue.
My son broke his leg in a park.

Please PM
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on October 31, 2018, 12:47:53 PM
Hi,

Looking for a lawyer that can tell me if I have a case to sue.
My son broke his leg in a park.

Please PM

Call a personal injury lawyer
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: AJK on October 31, 2018, 01:09:30 PM
Got the letter

...insane.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: bermo on October 31, 2018, 03:10:56 PM
Potential new review

I opened a claim saturday night with my warranty company, got an email saying they would call for an appointment. Monday at 920AM my wife comes home and they let themselves into my yard and were messing with my equipment.
They did not call to set up an appointment. They did not know what was wrong, they just opened the fence and walked to my backyard like they owned the place and started an unauthorized exploratory search of my equipment. Nothing appears damaged so at least i don't need a new claim for that.
 
They called me and were adamant that what they did is how they always work and is the correct way. Given that i have had at least 6 other different services from AHS, and they all called first, i find it very hard to believe that they legitimately believe they can just waltz onto someone's property without their express consent.
 
I received a letter today,9/6 complaining about some of the words I used in my original review. They did NOT argue that they had entered my property without permission, nor did they in any way claim that my story was untrue or that they had in fact been in compliance with their contract.
 
According to http://www.dashfarrow.com/criminal-law/criminal-trespassing/, Defiant Trespassing is defined as ď New Jersey Statutes (NJSA) 2C:18-3b explains that a person commits a petty disorderly offense if he or she had been notified against trespassing but still chose enter or remain in a place. The warning could have been verbal, through signage or via fencing designed to keep intruders out.Ē
As my entire property is fenced in (albeit unlocked), one could argue that there is notification against trespassing. As such one might read my review above and then read the definition of trespassing and perhaps connect the dots.
Any updates?
About this crazy story...
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: noturbizniss on October 31, 2018, 03:23:22 PM
Any updates?
About this crazy story...
Nope, I posted the new review and haven't heard anything else
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Am on November 01, 2018, 07:11:51 PM
Is recommending an attorney considered legal advise?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on November 02, 2018, 09:06:55 AM
Is recommending an attorney considered legal advise?

Don't know. Is answering this question legal advice?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: mlomni on December 11, 2018, 07:45:33 PM
I received a speeding ticket and the officer spelled my last name completely wrong eventhough all the other info is accurate. any lawyers can advise me if i can get this ticket dismissed on my own? Ticket was given in Orangeburg, NY
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: nafnaf12 on December 11, 2018, 11:55:07 PM
Hi,

Looking for a lawyer that can tell me if I have a case to sue.
My son broke his leg in a park.

Please PM
what did you end up doing?

I was elbowed in the face during a basketball game and will most likely be needing a root canal,
Somone mentioned I should look into sueing the guy who elbowed me.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: S209 on December 12, 2018, 12:33:09 AM
what did you end up doing?

I was elbowed in the face during a basketball game and will most likely be needing a root canal,
Somone mentioned I should look into sueing the guy who elbowed me.
On purpose?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: nafnaf12 on December 12, 2018, 12:40:50 AM
On purpose?
I hope not lol, was pretty bad.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: jackofall on December 12, 2018, 03:29:04 PM
Can some recommend an attorney that deals with forming entities, especially not-for-profits. Ty
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: nafnaf12 on December 14, 2018, 02:03:50 PM
what did you end up doing?

I was elbowed in the face during a basketball game and will most likely be needing a root canal,
Somone mentioned I should look into sueing the guy who elbowed me.
ETA. 2 root canals needed.
 :-[
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yelped on December 15, 2018, 09:30:39 PM
Ouch!
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ckmk47 on December 15, 2018, 11:36:44 PM
ETA. 2 root canals needed.
 :-[
Refuah sheleima.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: nafnaf12 on December 15, 2018, 11:40:49 PM
Thanks,
Coming out to be a pretty be expensive pickup game.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: S209 on December 16, 2018, 01:25:24 AM
Can some recommend an attorney that deals with forming entities, especially not-for-profits. Ty
Where?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: skyguy918 on January 15, 2019, 03:47:35 PM
Not 100% sure if this is a law question, but I'll give it a shot here first.

I have an accepted offer on a house that is over a million. Due to various issues that came up on the inspection, and an overall rethinking of the value of the house to us, I'm likely to be renegotiating - with an eye towards getting under a million to avoid the NYC mansion tax. I don't think I'll necessarily be able to get there directly by just lowering the total offer to $999,999, just based on the gap between that and the accepted offer. My question is whether it's possible to explicitly exclude as many of the things being left in the house that are personal property, and then come to a separate agreement on a purchase price for all those items? And if so, what is the process (if any) for valuing all of those items so that it's both legal, and can still represent a significant enough amount to make a dent from a negotiating standpoint?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: mb1 on January 15, 2019, 03:52:35 PM
Not 100% sure if this is a law question, but I'll give it a shot here first.

I have an accepted offer on a house that is over a million. Due to various issues that came up on the inspection, and an overall rethinking of the value of the house to us, I'm likely to be renegotiating - with an eye towards getting under a million to avoid the NYC mansion tax. I don't think I'll necessarily be able to get there directly by just lowering the total offer to $999,999, just based on the gap between that and the accepted offer. My question is whether it's possible to explicitly exclude as many of the things being left in the house that are personal property, and then come to a separate agreement on a purchase price for all those items? And if so, what is the process (if any) for valuing all of those items so that it's both legal, and can still represent a significant enough amount to make a dent from a negotiating standpoint?
You should ask your lawyer.
And if you don't have one you should get one.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: skyguy918 on January 15, 2019, 03:55:07 PM
You should ask your lawyer.
And if you don't have one you should get one.
I do have one, and I will be discussing it with him, but that doesn't mean I can't get other perspectives. It may be possible to do, but not something my lawyer is familiar with, or maybe not comfortable with, etc.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: good sam on January 15, 2019, 04:05:51 PM


Not 100% sure if this is a law question, but I'll give it a shot here first.

I have an accepted offer on a house that is over a million. Due to various issues that came up on the inspection, and an overall rethinking of the value of the house to us, I'm likely to be renegotiating - with an eye towards getting under a million to avoid the NYC mansion tax. I don't think I'll necessarily be able to get there directly by just lowering the total offer to $999,999, just based on the gap between that and the accepted offer. My question is whether it's possible to explicitly exclude as many of the things being left in the house that are personal property, and then come to a separate agreement on a purchase price for all those items? And if so, what is the process (if any) for valuing all of those items so that it's both legal, and can still represent a significant enough amount to make a dent from a negotiating standpoint?

No you may not.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: good sam on January 15, 2019, 04:11:08 PM
I do have one, and I will be discussing it with him, but that doesn't mean I can't get other perspectives. It may be possible to do, but not something my lawyer is familiar with, or maybe not comfortable with, etc.
Your lawyer should be able to suggest other options to avoid mansion tax. Get a good lawyer next time
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: hvaces42 on January 16, 2019, 12:49:03 PM
Your lawyer should be able to suggest other options to avoid mansion tax. Get a good lawyer next time
His lawyer should not suggest anything of the sort. Thats tax evasion.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: MC on January 16, 2019, 01:17:36 PM
Not 100% sure if this is a law question, but I'll give it a shot here first.

I have an accepted offer on a house that is over a million. Due to various issues that came up on the inspection, and an overall rethinking of the value of the house to us, I'm likely to be renegotiating - with an eye towards getting under a million to avoid the NYC mansion tax. I don't think I'll necessarily be able to get there directly by just lowering the total offer to $999,999, just based on the gap between that and the accepted offer. My question is whether it's possible to explicitly exclude as many of the things being left in the house that are personal property, and then come to a separate agreement on a purchase price for all those items? And if so, what is the process (if any) for valuing all of those items so that it's both legal, and can still represent a significant enough amount to make a dent from a negotiating standpoint?

People do it. Any sane attorney will want nothing to do with it.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on January 16, 2019, 02:36:15 PM
His lawyer should not suggest anything of the sort.

Is personal property that went with the sale supposed to go into the mansion tax tho? (I'm not an NYS lawyer and this is the first I've even heard of the tax.) 
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: MC on January 16, 2019, 02:40:09 PM
Is personal property that went with the sale supposed to go into the mansion tax tho? (I'm not an NYS lawyer and this is the first I've even heard of the tax.)
No.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: hvaces42 on January 16, 2019, 03:05:40 PM
Is personal property that went with the sale supposed to go into the mansion tax tho? (I'm not an NYS lawyer and this is the first I've even heard of the tax.)
1% of purchase price of 1-3 family houses over $1MM. $999k used to work when the price was close and then personal property was sold along with it. Except state got smart and audited every one of these transactions and assessed Sales tax on the personal property at ~8.625%  ;D
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on January 16, 2019, 03:59:48 PM
1% of purchase price of 1-3 family houses over $1MM. $999k used to work when the price was close and then personal property was sold along with it. Except state got smart and audited every one of these transactions and assessed Sales tax on the personal property at ~8.625%  ;D

But is there sales tax on a casual sale like that? I'm not aware that  you're supposed to pay sales tax when you sell your used popsicle on craigslist. But have no idea
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: henche on January 16, 2019, 04:04:00 PM
https://www.tax.ny.gov/pubs_and_bulls/tg_bulletins/st/sales_from_your_home.htm

oh
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: skyguy918 on January 16, 2019, 04:31:58 PM


1% of purchase price of 1-3 family houses over $1MM. $999k used to work when the price was close and then personal property was sold along with it. Except state got smart and audited every one of these transactions and assessed Sales tax on the personal property at ~8.625%  ;D
That can't be the issue, because then it would still be a profitable strategy until much higher prices. Let's says the price is $1.01m. Sales tax on the $10k is $862.50. Mansion tax on $1.01m is $10,100. The sales tax wouldn't overtake the mansion tax until $130k+ over $1m. I can see a scenario where in an audit they require you to justify the valuation of the personal property, but if that checks out...

I was told via pm that it's considered part of the home sale price and that's why it doesn't work.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: hvaces42 on January 17, 2019, 10:56:43 AM
That can't be the issue, because then it would still be a profitable strategy until much higher prices. Let's says the price is $1.01m. Sales tax on the $10k is $862.50. Mansion tax on $1.01m is $10,100. The sales tax wouldn't overtake the mansion tax until $130k+ over $1m. I can see a scenario where in an audit they require you to justify the valuation of the personal property, but if that checks out...

I was told via pm that it's considered part of the home sale price and that's why it doesn't work.
Thats why I said if it was close to the $999k number then they would do it. There were many off the books transactions that occurred where people paid cash for the amount over $999k. Sometimes it works in the Sellers favor to have cash (i.e. off the books capital gains) But those days are all but over. No one wants cash these days.

Once you start getting to $1.3MM it got much harder to do this. So there were separate agreements for the RE and for the contents of the home.

If its in the contract of sale then its part of the sale price.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: skyguy918 on January 17, 2019, 11:29:05 AM
Thats why I said if it was close to the $999k number then they would do it. There were many off the books transactions that occurred where people paid cash for the amount over $999k. Sometimes it works in the Sellers favor to have cash (i.e. off the books capital gains) But those days are all but over. No one wants cash these days.

Once you start getting to $1.3MM it got much harder to do this. So there were separate agreements for the RE and for the contents of the home.

If its in the contract of sale then its part of the sale price.
I'm still confused. You said it used to work when the price was close (which I can see now is obviously a relative term), and now it doesn't. I guess I'll rephrase. Is the separation of RE and contents (2 different contracts?) still feasible as a strategy to avoid the mansion tax, and if it is, what are the conditions to make it work?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: hvaces42 on January 17, 2019, 11:32:58 AM
I'm still confused. You said it used to work when the price was close (which I can see now is obviously a relative term), and now it doesn't. I guess I'll rephrase. Is the separation of RE and contents (2 different contracts?) still feasible as a strategy to avoid the mansion tax, and if it is, what are the conditions to make it work?
If the value of the property cannot justify a $999k price i.e. the market is much higher, youre just asking for an audit. Which will result in tax, interest and penalties. And I am not advocating doing any of this. I am saying this is how things were done more than 8 years ago when I still had a law license, v'hamavin yovin.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: skyguy918 on January 17, 2019, 11:48:03 AM
If the value of the property cannot justify a $999k price i.e. the market is much higher, youre just asking for an audit. Which will result in tax, interest and penalties. And I am not advocating doing any of this. I am saying this is how things were done more than 8 years ago when I still had a law license, v'hamavin yovin.
Our accepted offer (which we're considering renegotiating for other reasons) is at $1.05m, so it would seem odd to say that $1.05m is justifiable, but $999k is not. On the other hand, if it's likely to get audited anyway, it's probably not worth it, even if everything is relatively clean.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: hvaces42 on January 17, 2019, 11:54:47 AM
 
Our accepted offer (which we're considering renegotiating for other reasons) is at $1.05m, so it would seem odd to say that $1.05m is justifiable, but $999k is not. On the other hand, if it's likely to get audited anyway, it's probably not worth it, even if everything is relatively clean.
:-X You have a lawyer for a reason. This isnt the forum. And What I said was not legal advice, just my past experiences from a while ago.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: skyguy918 on January 17, 2019, 12:00:42 PM
  :-X You have a lawyer for a reason. This isnt the forum. And What I said was not legal advice, just my past experiences from a while ago.
It's a complicated situation for us in that regard, which is why I posted. Your replies are appreciated, disclaimer and all. Thanks.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Eliyohu on January 19, 2019, 06:42:30 PM
Can anyone help me with access to a law360.com article?
If possible pacer also..
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: hvaces42 on January 19, 2019, 07:25:20 PM
Can anyone help me with access to a law360.com article?
If possible pacer also..
I believe if you have LinkedIn you can get free access to law 360 and Pacers and easy sign-up nobody's going to give you there login info because it's a pay service you pay for whatever documents you print
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Eliyohu on January 19, 2019, 07:34:00 PM
I believe if you have LinkedIn you can get free access to law 360 and Pacers and easy sign-up nobody's going to give you there login info because it's a pay service you pay for whatever documents you print
I don't see info about free access for linkden.. was hoping for a extension of some sort to get around the paywall or some screenshots of documents if that's possible..
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: hvaces42 on January 20, 2019, 02:26:44 AM
I don't see info about free access for linkden.. was hoping for a extension of some sort to get around the paywall or some screenshots of documents if that's possible..
PM what youre looking for.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Eliyohu on January 20, 2019, 03:07:28 PM
PM what youre looking for.
Got what I needed, thanks

Law360 needed a "professional" email address i.e. a non @gmail.com etc.. for a free 7 day trial

Pacer - was easy enough to create an account, and as long as I don't need more then $15 worth per quarter the fee is waived
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: JuryDuty on January 30, 2019, 11:12:13 AM
3 friends and I got 135 dollar parking tickets in woodmere. If im going to fight my ticket and also want to fight my friends' do I need a power of attorney for them? How do I do that? Is it difficult?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: mercaz1 on January 30, 2019, 11:59:42 AM
3 friends and I got 135 dollar parking tickets in woodmere. If im going to fight my ticket and also want to fight my friends' do I need a power of attorney for them? How do I do that? Is it difficult?

they will need to show up to fight it or they will need an actual lawyer to represent them
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Tpg on February 03, 2019, 08:17:19 PM
Can anyone recommend a lawyer for dispute/charge backs

Looking for lawyer with lot of experience in credit card debt/dispute 

Any help would be appreciated

Feel free to PM me
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: stv17 on February 14, 2019, 01:01:01 PM
A friend from overseas sold on Ebay fake Lacoste Aligator merchandise.
They emailed him via Ebay a "Final default judgment and permanent injunction" from a FL court.
There were around 35 ebay sellers (seller ID's) on the injunction. They are threatening him with fines up to $1M.

Is there any thing he should do as of now (besides stopping to sell it), can they find out from ebay his contact info? if he visits the US, can it cause a problem?

Appreciate any advice
Thanks
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: NTorch on February 14, 2019, 01:35:28 PM
Can anyone help me with access to a law360.com article?
If possible pacer also..

Pacer charges by the page for reviewed documents (other than Court Orders) and by the search.

You can set up your own account, but any lawyer who helps you would have to pay for your searches.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Eliyohu on February 14, 2019, 03:24:52 PM
Pacer charges by the page for reviewed documents (other than Court Orders) and by the search.

You can set up your own account, but any lawyer who helps you would have to pay for your searches.
Thanks, from the little research I did it seems some law schools etc offer free access to the students. I figured some law firms have monthly rates for unlimited pages or something like that..
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: Luvisrael on February 17, 2019, 05:24:32 PM
Whats the realistic worst case scenario, for being caught carrying more than 3/4 oz. of pepper spray in NJ?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ual902 on June 04, 2019, 10:12:14 AM
I sent an information Subpoena to a Sherif office to execute a judgment from a small claims court judgement, it is over 2 months since I submitted the paper work to the Sherif office and nothing yet has been returned from the courts for the sheriff to execute the judgment to be able to get the money from the bank account of the defendent, the sherif office claims it is sitting on a judges desk and we just have to wait, does this make sense to take over  two months to execute a small claims judgment in NYC?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: hvaces42 on June 04, 2019, 02:23:54 PM
I sent an information Subpoena to a Sherif office to execute a judgment from a small claims court judgement, it is over 2 months since I submitted the paper work to the Sherif office and nothing yet has been returned from the courts for the sheriff to execute the judgment to be able to get the money from the bank account of the defendent, the sherif office claims it is sitting on a judges desk and we just have to wait, does this make sense to take over  two months to execute a small claims judgment in NYC?
What county?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ual902 on June 04, 2019, 02:47:49 PM
Quote
What county?
Kings
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: hvaces42 on June 04, 2019, 03:27:17 PM
Kings
Cant use a City Marshal? And why not have a lawyer sign the subpoena instead of pro se going to a judge to get it signed?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ual902 on June 04, 2019, 03:53:08 PM
Cant use a City Marshal? And why not have a lawyer sign the subpoena instead of pro se going to a judge to get it signed?

How do I get a hold of a city marshal?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: hvaces42 on June 04, 2019, 04:00:03 PM
How do I get a hold of a city marshal?
Look one up. Theyre listed. Pick one.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ah giten on June 20, 2019, 01:12:01 AM
Never received my Google Fi travel gift cards, and wasted alot of time on this already.
I am eligible, and whoever I spoke with - at Google or elsewhere - agrees.
Problem is that promo team has no phone #, only email, and they do not reply accordingly...
end of story, they gave me a deadline to provide documentation they requested and then they closed the case... now I'm basically out of luck, despite the fact, that I spoke to alot of supervisors at Google, but all said its not in their control.

any lawyer that will feel good about taking a case against google?
AND, will Google shut me down for taking legal action?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: 12HRS on June 20, 2019, 07:13:59 AM
Wouldnt this be a small claims court suit?0
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: NTorch on June 20, 2019, 08:28:29 AM
Wouldnt this be a small claims court suit?0

With many companies like Google there is a forum selection clause in the terms and conditions which often requires someone who sues them to file in a particular hometown (to the company) court or even to pursue arbitration or mediation instead.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: ah giten on June 20, 2019, 03:23:19 PM
Wouldnt this be a small claims court suit?0

https://support.google.com/faqs/answer/6151275
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: yochiek93 on June 24, 2019, 12:24:39 AM
Anyone here that knows traffic law?
I have a few questions.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: mushkovits on September 07, 2019, 10:37:29 PM
Trees on my property in NYC: what is the law if it hangs over to my neighbors property, can he come after me or my insurance? Or since (I believe) legally he can cut anything thatís over his property itís his problem to trim etc to avoid damages?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: mushkovits on September 08, 2019, 07:13:08 PM
Trees on my property in NYC: what is the law if it hangs over to my neighbors property, can he come after me or my insurance? Or since (I believe) legally he can cut anything thatís over his property itís his problem to trim etc to avoid damages?
Anyone?
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: NTorch on September 09, 2019, 09:35:07 AM
I dont know if the New York City code has any specific law which shifts responsibility, but in NY in general you can't force your neighbor to trim the tree over your property or even to do anything on his side. If the neighbor's tree falls and does damage on your property I believe that the neighbor and/or his insurance wont be liable unless you can prove that the tree was already in bad shape (rot, dying, prior damage) which was known to him and which he did not remedy before it caused damage to your property.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: mobob961 on September 09, 2019, 01:04:41 PM
Trees on my property in NYC: what is the law if it hangs over to my neighbors property, can he come after me or my insurance? Or since (I believe) legally he can cut anything thatís over his property itís his problem to trim etc to avoid damages?

It depends if the tree is rotten or otherwise defective.  If its rotten and you knew that it was rotten, you could be on the hook if the tree falls and causes damage to your neighbor's property.  If the tree is in good condition, you are probably in the clear. 

Your neighbor is allowed to cut the overhanging branches down if they are bothering him but he cannot touch the main body of the tree (courts refer to this as "self help").  You definitely cannot force your neighbor to cut the tree himself.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: mushkovits on September 09, 2019, 02:01:45 PM
I dont know if the New York City code has any specific law which shifts responsibility, but in NY in general you can't force your neighbor to trim the tree over your property or even to do anything on his side. If the neighbor's tree falls and does damage on your property I believe that the neighbor and/or his insurance wont be liable unless you can prove that the tree was already in bad shape (rot, dying, prior damage) which was known to him and which he did not remedy before it caused damage to your property.
Thanks!
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: mushkovits on September 09, 2019, 02:02:06 PM
It depends if the tree is rotten or otherwise defective.  If its rotten and you knew that it was rotten, you could be on the hook if the tree falls and causes damage to your neighbor's property.  If the tree is in good condition, you are probably in the clear. 

Your neighbor is allowed to cut the overhanging branches down if they are bothering him but he cannot touch the main body of the tree (courts refer to this as "self help").  You definitely cannot force your neighbor to cut the tree himself.
Thank you
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: churnbabychurn on September 10, 2019, 06:49:28 PM
Any ohio attorneys here? Need a couple of opinion letters.. pm
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: SPOOGER on September 12, 2019, 10:12:45 AM
Question regarding pending injunction relief.

 Agudah vs Jackson township. Has requested an injunction on all ordinances targeting ERUV and other based on religion bias. The judge will rule on 10/7.

 I have received a violation for one of the ordinances thatís part of the injunction request. My court date is 9/25.
 
Is there an official or non official way to request  that I given till 10/7 to remove my ďviolationĒ.
If I need to remove it it will cost me $500-700.
Thanks
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: KSMH on September 12, 2019, 10:48:37 AM
Question regarding pending injunction relief.

 Agudah vs Jackson township. Has requested an injunction on all ordinances targeting ERUV and other based on religion bias. The judge will rule on 10/7.

 I have received a violation for one of the ordinances thatís part of the injunction request. My court date is 9/25.
 
Is there an official or non official way to request  that I given till 10/7 to remove my ďviolationĒ.
If I need to remove it it will cost me $500-700.
Thanks
Just curious, why dont you push off your court date for after 10/7?
Not a lawyer.
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: SPOOGER on September 12, 2019, 02:57:14 PM
Just curious, why dont you push off your court date for after 10/7?
Not a lawyer.
Since Iím in violation I have 15 days to remove it. By pushing off the court date that may Result in a fine  for the days I have it on my property
Title: Re: Any Lawyers out there of whom I may ask a question?
Post by: NTorch on September 13, 2019, 09:07:34 AM
Since Iím in violation I have 15 days to remove it. By pushing off the court date that may Result in a fine  for the days I have it on my property

Dont know much about the Agudah lawsuit vs Jackson Township but why not call the lawyers who are representing the Agudah and ask them. They may have information about challenges to the statute. They may also know whether the 10/7 date is a real date as often these dates are for conferences and/or hearings and the Judge issues his decision weeks or months later.