Tag Archives: CIVIL LAW

Can I rescind a car sale contract that I have not yet taken possession of?

Q: The car is still with the dealer for detailing. I purchased a car 1 day ago. The dealer did not give me the sales contract to take home with me to go over completely because the car is being detailed. I was told I could get the paperwork in 4 days when I come back to pick up the car. I do not want the car now. This entire transaction seems very suspect to me. It is still at the dealership. Since I have not taken possession of the car yet, can I rescind the contract? (Hermine, PA)

A:  It has only been a day or so, you haven’t taken possession, and it appears title has not changed. Just be firm with them and tell them you do not want the vehicle. I would draft a dated letter to them telling them so and keep a copy. Serve it on them via hand delivery or mail, and keep a copy. You did not say if you paid anything. If so, they should return your deposit.

Can my dad prosecute me for mom making gifts to me?

Q: My dad’s accusing me of elder abuse for taking my mom to the bank getting out her money to go to the casino or do whatever she wants. I take her to bank to get the money she wants to go to lunch or casino and she’s helped me with my school loan as she did with my nephew by putting a $2,500.00 fence around his pool. She’s given me $2,400.00 towards my school payments. My dad says he’s putting me in prison if I don’t pay him $5,000.00 can he do this? She told him he’s out of line.

A: Your father can threaten to file criminal charges, but I would need more information to determine if the police or the DA actually file them. On one hand, if your mother is competent to make these gifts, and she is under no undue influence or coercion to do so by you or anyone else, then her decision to make gifts is hers. On the other hand, if she is not competent or acting with clear capacity, and she is seriously depleting funds that your father and mother may need for their golden years, he has a legitimate concern. There are criminal statutes that protect the elderly or mentally infirm from being taken advantage of. Whether they apply to your situation I cannot say for sure without more information. Just based on what I hear, I am doubtful criminal charges may arise. However, if your father seeks legal advice, and an attorney believes your mother is not competent or being coerced to make these gifts, you could face criminal charges or a civil suit.

Can someone plead an inconsistent theory in PA?

Q: I was served with a complaint which had several counts. How and where can I find out about inconsistent theories in a pleading? I must file an answer in 20 days. (Pittsburgh, PA)

A: In civil law, it is common to plead alternate causes of action in the alternative. Go to the Rules of Civil Procedure, Pleadings in title 42. For example, someone might include a count for breach of contract but in case they lose that argument they may also plead assumsit or quantum meruit in the alternative.

 

Is there any action I can take to keep from paying to repair a leaking roof?

Q: I noticed that the contract was not followed. I had a roof installed in August of 2011. Yesterday I noticed that there was water leaking into one of my upstairs bedrooms. I cut a hole into my attic wall and found where I think the leak is coming from but noticed that there is a large area where there is no underlayment. In my proposal it clearly states that there will be new underlayment installed. is there anything that I can do to keep from paying out of pocket for this?

A: Review your contract to double check if underlayment was to be used. That would definitely be a breach of contract if underlayment was contracted to be used and was in fact not used. Have another contractor inspect the work. You will need him to verify that underlayment was not used per the contract, and him to give you a report stating what he found and what he needs to do to remedy the situation, even if it means a new roof. Have him take photos. I would then notify the prior contractor of your leak, both by telephone and in writing. Proof of notice is essential if you potentially have to sue him. If he will not remedy the situation to your satisfaction, you may need to file a law suit. Make sure to preserve all documents and information from the prior contractor and for what is currently going on.

Am I responsible for my spouse’s credit card bills when he dies?

Q: If either spouse passes away is the surviving spouse responsible for credit card debt the deceased spouse rang up?

A:  Usually not, but more information is needed. Is the surviving spouse’s name on the card? Did the surviving spouse make purchases that can be attributed to him or her, or were the purchases for the benefit of both spouses or for the marital home? Did the surviving spouse sign anything or ever use the card? A consumer lawyer or even an estate lawyer may be able to advise you with more information. If the above questions favor the surviving spouse, then these debts are owned by the estate of the deceased spouse.

They used my address on their Yellow Page listing

Q: A locksmith company has used my home address as their business address. I have a Notary business that I use my address for. I contacted them and they won’t respond. It is advertised in Yellow Pages and on line.

A: I would start with Yellow Pages. It will be hard to reach a decision maker at YP, but eventually you will. At least they can correct the on line listing immediately. The printed books cannot be changed until next year’s books are printed. Check and see if this locksmith uses your address in other business directories. If he or she does, then you know he or she is the problem and not YP. There are services such as Yext who will correct then sync all of your on line listings on dozens of various search engines for a fee. Send a certified letter to the locksmith. If that doesn’t work, hire a lawyer to obtain a cease and desist order from a court. You can also have a google savvy person or IT person look at all of your on line listings to see if it is only YP or all of your on line listings which are in error. That would be a good starting point

As POA can I testify for my father at his elder abuse PFA hearing? (Verona, PA.)

Q: My father can’t testify at his own elder abuse PFA hearing due to mental incapacity, I have POA, will it be denied? My father has been physically abused and mentally abused by my younger brother. Recently, my brother is financially exploiting him too. My father is mentally incapacitated due to severe depression, Alzheimer’s disease and dementia and physical illness and he can’t testify on his own behalf. I want to file for a PFA since I have a durable power of attorney. And since I know about all the abuse and financial exploitation, I am able to testify to get the restraining order. Do you think the restraining order will be denied at the hearing in court?

A:  You cannot step into his shoes and testify him because you are his Agent on a POA. however, I think you can still prevail at the Protection From Abuse Hearing if you or someone else can give first hand testimony of the abuse-actually witnessing the abuse. I would suggest that you bring father to court so the judge can see his condition and bring a copy of the POA to show that you are the agent. I would strongly suggest having a lawyer represent him at the hearing.

I obtained a judgment in court, when do I get paid?

Q: I won a judgement in local court but the defendant has not paid. What can I do next to recieve payment? (Pittsburgh, PA)

A: In Pennsylvania, you can ask the magistrate’s office for forms to complete, so you can “execute” the judgment on the defendant’s property. The constable will then proceed to the defendant’s home and levy his or her property for sale. The defendant will then have to file objections to the levy for property that happens to be exempt from a judgment. This will cost you money and time. I would review it with a lawyer first to determine if this person has personal or real property that will make going through all of your effort worthwhile.

Contractor did a terrible roofing job, no contract, but he filed a Mechanic’s Lien.

Q: I was in negotiation with a roofer to replace my roof. We never signed a contract as we never finalized the color of shingles, start time, price etc. He shows up at my house on Dec. 23 while I am away and rips off roof and finishes on Dec. 24th. The shingles are the wrong color, nails are sticking up, the ridge is not cut despite the installation of a ridge vent, there is no water/ice shield, and there is no dead row applied. I told them I wasn’t paying because it cannot be repaired, especially the color. I signed an estimate when he was working with my insurance company but it says it is void if there is no coverage. That was signed in Sept. He has now filed a mechanics lien. How do I fight this? How can I go after him since I didn’t pay anything, but now may incur expenses?

A: Filing a lien is one of the steps a contractor seeking payment for services may take. It must be followed by a lawsuit. Automatic dissolution of the lien occurs if suit to enforce the lien is not brought within two (2) years. If suit is brought it appears you may have a counterclaim under the Home Improvement Consumer Protection Act, which provides certain things roofers must do, including having a written contract for the work performed. Further, the Mechanics Lien Law requires Notice to you prior to the filing of the lien. If the contractor did not follow the correct procedures the lien can be dissolved. From the facts provided, it appears you have stronger potential claims against the roofing contractor than the claim against you for payment. The Home Improvement Consumer Protection Act provides the court with discretion to award consumers with three times their damages and attorney fees. If the Mechanic’s Lien has any of the above procedural flaws, an attorney may be able to file a motion to remove it.

Can I sue for sneakers I left in the Laundromat for 20 minutes being stolen?

Q: Stepped out from laundromat for about 20 mins and my sneakers were stolen from the dryer.There were about 8 pairs. 3 were left, 5 taken. Asked owner to view the camera, to see who took it. He refused. Is there anything at all that I can do to fight this. It’s not so much that the items were taken, but that the owners don’t care enough to simply view the tape/recording. It was mid-morning around 10am. So many dryers, over 30 were available, so there was NO DEMAND for anyone to remove my items, but they did. I filed a police report nevertheless, but is there anything more that I can do? Thanks

A: You filed the police report which is good. I think you should document everything by making a written request to view the tape and repayment for your loss. Then, if no response and if you want to put time and money into this case, you may think about suing them at the local District Justice. I am not sure the Laundromat has an obligation under bailment law or under an implied contract theory as they didn’t take possession of your property. Is there a sign in the premises that says “we are not responsible for the loss of unguarded belongings”? You could be viewed as contributing to the situation by leaving your property in an almost public setting for 20 minutes. Plus, what is the value of used sneakers? I am not sure if your damages will be weighed in the amount equal to brand new shoes. If you write the letter, it may put pressure on them to turn it in to insurance, if that is possible. I am not sure a civil claim will go your way and would have to research bailments, implied contracts, etc. before advising you properly