Author Topic: Any Lawyers out there of whom I may ask a question?  (Read 143811 times)

Offline Galitzyaner

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #560 on: March 03, 2022, 01:06:08 AM »
Re. Real estate attorneys:
What's the going rate (range) lawyers charge to contract and close on a simple house, assuming no complications, in NYC?

(Any recommendations for someone good but inexpensive would also be appreciated)

TIA

Offline good sam

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #561 on: March 03, 2022, 01:09:42 AM »
Re. Real estate attorneys:
What's the going rate (range) lawyers charge to contract and close on a simple house, assuming no complications, in NYC?

(Any recommendations for someone good but inexpensive would also be appreciated)

TIA
I would put the range at $1,500-2,500. I wouldn't pay less or more than that range.
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Offline steve_z

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #562 on: March 30, 2022, 07:13:23 PM »
Seeking advice regarding NFT contract changing of terms post purchase. Please PM for details if you have any background in Crypto legal matters. Thanks !

Offline coffeebean

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #563 on: August 23, 2022, 06:14:08 PM »
Friend took liability for a few ATV's, one of them smashed, The then $7,000 hold came up as charge. Owner claimed since ATV wasn't totaled, there's no insurance. Name on contract is spelled 1 letter off. Is he liable?

Offline WonderingYid

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #564 on: August 23, 2022, 10:35:12 PM »
Owner claimed since ATV wasn't totaled, there's no insurance.
Sounds like BS. I never heard of an insurance only covering if it was totaled.

Offline JM

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #565 on: August 24, 2022, 01:18:39 PM »
Friend took liability for a few ATV's, one of them smashed, The then $7,000 hold came up as charge. Owner claimed since ATV wasn't totaled, there's no insurance. Name on contract is spelled 1 letter off. Is he liable?

The name being 1 letter off doesn't make a difference - still an enforceable contract but they're con'ing you. That's not how insurance works.

Offline ckmk47

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #566 on: August 24, 2022, 03:02:04 PM »
The name being 1 letter off doesn't make a difference - still an enforceable contract but they're con'ing you. That's not how insurance works.
so how does he proceed?
Dispute the charge? I don't think the cc will back him all the way through the insurance process.
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Offline JM

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #567 on: August 24, 2022, 09:17:20 PM »
so how does he proceed?
Dispute the charge? I don't think the cc will back him all the way through the insurance process.

Full disclaimer: I am not an attorney.

Having been around the block (and utilizing a quick google search) I can tell you contracts are enforceable even with a misspelling because it still identifies the person on that end of the contract even if their name is misspelled.

Working in Insurance I can tell you that's not how insurance works - Insurance doesn't only cover total loses ("totaled"), they cover any covered losses - it could be this guys deductible on the claim would be $5k and he'd rather charge it to you because he can get a full $7k from you and only $2k from insurance and his premiums would go up if he claims to insurance. If he's making a blanket statement that there's no insurance because it wasn't totaled - he either doesn't know what he's talking about or he's lying (maybe he doesn't even have insurance). Without seeing the contract I can't tell the best course of action. Does the contract state any liability associated with damage? An approach can certainly be to approach or call the owner on his bluff and tell him that you're not paying because his insurance should cover it. If not, you can dispute the charge and say his insurance is supposed to covering it and depending on which card issuer and how well you present the case to them it could work.   

Offline yeshivabucher

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #568 on: August 31, 2022, 09:13:33 AM »
if i add cruise control to a vehicle that doesnt come with it (base trim) by swapping out the switch and activating it via software. is that a valid reason to terminate the warrenty?

Offline notyettaken

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #569 on: August 31, 2022, 02:03:43 PM »
if i add cruise control to a vehicle that doesnt come with it (base trim) by swapping out the switch and activating it via software. is that a valid reason to terminate the warrenty?

https://www.ftc.gov/business-guidance/resources/businesspersons-guide-federal-warranty-law

quote from ftc article:
Generally, tie-in sales provisions aren’t allowed. These are provisions that state or imply that a consumer must buy or use an item or service from a particular company to keep their warranty coverage. Here are some examples of prohibited tie-in sales provisions.

“To keep your new Plenum Brand Vacuum Cleaner warranty in effect, you must use genuine Plenum Brand Filter Bags. Failure to have scheduled maintenance performed, at your expense, by the Great American Maintenance Company, Inc., voids this warranty.”

“This limited warranty shall not apply if the warranty seal has been broken, removed, erased, defaced, altered, or is otherwise illegible,” where a device cannot be repaired without such effects.

https://en.wikipedia.org/wiki/Magnuson%E2%80%93Moss_Warranty_Act

Offline notyettaken

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #570 on: August 31, 2022, 02:04:51 PM »
Friend took liability for a few ATV's, one of them smashed, The then $7,000 hold came up as charge. Owner claimed since ATV wasn't totaled, there's no insurance. Name on contract is spelled 1 letter off. Is he liable?

can you post picture of contract?

Offline CountValentine

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #571 on: August 31, 2022, 02:09:14 PM »
Full disclaimer: I am not an attorney.

Having been around the block (and utilizing a quick google search) I can tell you contracts are enforceable even with a misspelling because it still identifies the person on that end of the contract even if their name is misspelled.

Working in Insurance I can tell you that's not how insurance works - Insurance doesn't only cover total loses ("totaled"), they cover any covered losses - it could be this guys deductible on the claim would be $5k and he'd rather charge it to you because he can get a full $7k from you and only $2k from insurance and his premiums would go up if he claims to insurance. If he's making a blanket statement that there's no insurance because it wasn't totaled - he either doesn't know what he's talking about or he's lying (maybe he doesn't even have insurance). Without seeing the contract I can't tell the best course of action. Does the contract state any liability associated with damage? An approach can certainly be to approach or call the owner on his bluff and tell him that you're not paying because his insurance should cover it. If not, you can dispute the charge and say his insurance is supposed to covering it and depending on which card issuer and how well you present the case to them it could work.
Are they required to submit it to their insurance if you signed a contract accepting liability?
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Offline shmooz

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #572 on: August 31, 2022, 02:27:01 PM »
if i add cruise control to a vehicle that doesnt come with it (base trim) by swapping out the switch and activating it via software. is that a valid reason to terminate the warrenty?

Maybe not the warranty on the fuel pump, but if you have electronics issues they could say it's connected. It's not like installing a new radio. Just my 2 cents as a car owner.

Offline JM

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #573 on: August 31, 2022, 04:08:02 PM »
Are they required to submit it to their insurance if you signed a contract accepting liability?

Short answer no. Long answer - you are never required to claim anything to insurance. You can always pay any damage out of pocket. Insurance is a risk management tool. You are assigning your risk to a company. It's sometimes required to have insurance (read: auto, homeowners if you have a mortgage, etc.) but you don't have to claim insurance.       

Either way - they would most likely not even have an insurance policy that would cover such a peril. Homeowners and car insurance policies generally exclude ATV's & rental entertainment like this.

Please correct me if I misunderstood your question. As mentioned earlier, it's impossible to know the best action to take without seeing/knowing what waivers and contracts they may have signed   

Offline JM

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #574 on: August 31, 2022, 04:13:22 PM »
https://www.ftc.gov/business-guidance/resources/businesspersons-guide-federal-warranty-law

quote from ftc article:
Generally, tie-in sales provisions aren’t allowed. These are provisions that state or imply that a consumer must buy or use an item or service from a particular company to keep their warranty coverage. Here are some examples of prohibited tie-in sales provisions.

“To keep your new Plenum Brand Vacuum Cleaner warranty in effect, you must use genuine Plenum Brand Filter Bags. Failure to have scheduled maintenance performed, at your expense, by the Great American Maintenance Company, Inc., voids this warranty.”

“This limited warranty shall not apply if the warranty seal has been broken, removed, erased, defaced, altered, or is otherwise illegible,” where a device cannot be repaired without such effects.

https://en.wikipedia.org/wiki/Magnuson%E2%80%93Moss_Warranty_Act


Your best bet would be to actually read the warranty that comes with the vehicle (hint: there are multiple different ones - usually a limited warranty for a certain amount of years or miles and a powertrain warranty for a certain amount of years or miles). They will spell out what will void a warranty. Most product warranties are voided when installing aftermarket parts. My concern wouldn't be warranty but would be insurance. Your insurance is tired to your VIN. Your vin will classify what features the cars were built with. If you Ch"v get into an accident there will be little prove that you weren't negligent in installing a feature not originally built with your VIN.   

Offline wayfe

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #575 on: September 08, 2022, 06:02:36 PM »
RE: Manalapan story.

Are there grounds for a lawsuit? Class action? False Advertising?

Can causing one to violate his religion be considered damages?
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Offline dm123

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #576 on: September 08, 2022, 06:07:44 PM »
RE: Manalapan story.

Are there grounds for a lawsuit? Class action? False Advertising?

Can causing one to violate his religion be considered damages?

I'm also curious.

Also how does this work? Something a state prosecutor needs to bring?
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Offline steroplasma

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #577 on: September 12, 2022, 02:15:14 PM »
Are electric motor bikes like revel or fly wheel  considered pedestrians which means I would have to yield to them in cross walk or are they considered motor vehicles and they would be liable for entering the cross walk ?

Offline SPOOGER

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #578 on: September 12, 2022, 05:13:02 PM »
Are electric motor bikes like revel or fly wheel  considered pedestrians which means I would have to yield to them in cross walk or are they considered motor vehicles and they would be liable for entering the cross walk ?
I think he is a pedestrian, I think people in cars are also a pedestrian. You have to yield to all pedestrians,(I would say that includes the ones in a car). However since the your car also has pedestrians they have to yield to you so it cancels each other out. So then your just left with the car.
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Offline emak

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #579 on: October 01, 2022, 09:12:10 PM »
Four way stop sign. Approaching intersection from right side is a school bus before stop sign with lights flashing. I'm turning left. Assuming I'd still have to wait?