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I didn't 'fully" deliver furniture I sold and it got ruined
The sale was made and payment made before delivery, with the understanding that it would be delivered. The seller did not realize that she had a second floor apartment. I previously described what the UCC says about the seller taking possession for delivery for the sale to be complete and...- Mark_A
- Post #32
- Forum: Civil Litigation
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The police officer didn't file accident report. What is the best way or established protocol to help or encourage them to do it?
OK, I would never have imagined that a police officer would not issue a traffic citation if a driver admitted fault in an accident. For one thing, it is source of revenue for the city. Failure to Maintain Lane where I live is a $260 fine.- Mark_A
- Post #14
- Forum: Auto Accidents and Vehicle Claims
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The police officer didn't file accident report. What is the best way or established protocol to help or encourage them to do it?
I don't completely agree. If the officer did an investigation (asking the drivers and witnesses what happed, looking at skid marks, looking at damage to the vehicles, etc. and then issued a traffic citation against the other driver, that would help the OP. If no traffic citation was issued, then...- Mark_A
- Post #12
- Forum: Auto Accidents and Vehicle Claims
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The police officer didn't file accident report. What is the best way or established protocol to help or encourage them to do it?
Yes, I got that. But if no traffic citation was issued to the other driver for the accident in question, then the accident report would not be of much use to the OP. So getting the police to file one now, seems of not much use. But I am "assuming" that no traffic citation was issued for the...- Mark_A
- Post #10
- Forum: Auto Accidents and Vehicle Claims
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I didn't 'fully" deliver furniture I sold and it got ruined
It doesn't make any difference whether you mentioned anything about delivery in the ad. It only matters whether you agreed to deliver it before the sale was consummated (including payment).- Mark_A
- Post #30
- Forum: Civil Litigation
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Trespass
I will remind you that the OP used the term "claimed" regarding the mix-up in address. But it doesn't really matter, because he was not charged for the pump out of the septic tank.- Mark_A
- Post #16
- Forum: Other Real Estate Law Questions
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The police officer didn't file accident report. What is the best way or established protocol to help or encourage them to do it?
Was a traffic citation issued for the accident? If not, I don't know what good a police report will do.- Mark_A
- Post #8
- Forum: Auto Accidents and Vehicle Claims
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Trespass
Yes, according to OP that is what the vendor "claimed." I didn't say the vendor was lying, but possibly lying.- Mark_A
- Post #14
- Forum: Other Real Estate Law Questions
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Lawyer Delayed Adoption & Billed Us for Her Mistakes – Do We Have Grounds to Decline Payment and Terminate the Agreement?
If all the invoices show billing by the hour, which is fairly common for legal services, then you have much less leverage. But you could just ask them why you should have to pay for work that was needed to fix their previous errors, and see what they say.- Mark_A
- Post #11
- Forum: Legal Ethics & Lawyer Malpractice
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Trespass
Depends on how many other companies do that kind of work around there and what the quote is for the work. I am always suspicious when someone says they made a mistake like that. If the pumper had not other business at that moment, then it didn't cost him anything (or very little).- Mark_A
- Post #12
- Forum: Other Real Estate Law Questions
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Lawyer Delayed Adoption & Billed Us for Her Mistakes – Do We Have Grounds to Decline Payment and Terminate the Agreement?
The OP said " she billed us $165 for resubmitting paperwork due to her own filing error" Maybe you object to the word "negligence" and like "error" better. It doesn't matter, the client can tell the attorney that they don't want to pay for mistakes made by that attorney, especially "if" there...- Mark_A
- Post #9
- Forum: Legal Ethics & Lawyer Malpractice
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Trespass
Depends on whether the company also rebuilds septic tanks. Even if he only does pumping, it may be a way to get future business. I didn't say it was, only it was possible. I have seen HVAC companies do free or heavily discounted inspections/checkups and then all of a sudden there are lots of...- Mark_A
- Post #10
- Forum: Other Real Estate Law Questions
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Lawyer Delayed Adoption & Billed Us for Her Mistakes – Do We Have Grounds to Decline Payment and Terminate the Agreement?
Obviously I don't know for sure, but getting charged "exactly" $10,000 sounds like a fixed fee arrangement rather than hourly charges that just so happened to exactly add up to that amount. If so, I don't think you should get nickeled and dimed for some follow-up items, especially if they were...- Mark_A
- Post #7
- Forum: Legal Ethics & Lawyer Malpractice
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Trespass
Maybe, or maybe not. Sounds like a good way to drum up some business for the pumping company. But it would be hard to prove it was intentional.- Mark_A
- Post #8
- Forum: Other Real Estate Law Questions
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Do employee bathrooms have to have cellphone signal?
My mistake, I thought this thread was about chainsaws.- Mark_A
- Post #27
- Forum: Starting and Operating a Business
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I didn't 'fully" deliver furniture I sold and it got ruined
My understanding is that the seller agreed to deliver to the buyer, before the final sale was made and before the goods paid for. Craigslist is not like Ebay, where the terms of the sale are clearly spelled out and the sale is conducted electronically without any additional conditions. I bought...- Mark_A
- Post #28
- Forum: Civil Litigation
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My Uncle Passed Away With A Will Questions
Yes, I agree with that, the relatives of the deceased beneficiary, per stirpes, would inherit. I did not mean per stirpes of the deceased person whose estate is discussed here.- Mark_A
- Post #33
- Forum: Wills, Trusts and Estate Planning
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I didn't 'fully" deliver furniture I sold and it got ruined
It's more complicated when the buyer lives in an apartment, and the apartment is on the second floor. In that case, the seller must deliver to the second floor apartment, assuming the UCC applies here. If it were a two-story apartment, then the seller would only have to deliver to first floor of...- Mark_A
- Post #26
- Forum: Civil Litigation
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Do employee bathrooms have to have cellphone signal?
I think there should be a law, punishable by death, for any employer who installs (or leases office space) a toilet that lacks sufficient flushing power, or if any individual stall ever runs out of toilet paper.- Mark_A
- Post #25
- Forum: Starting and Operating a Business
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My Uncle Passed Away With A Will Questions
I found this explanation of anti-lapse law: "An anti-lapse law, also known as a lapse statute, prevents a gift from lapsing in a will. This means that if the intended beneficiary dies before the person who made the will, the gift goes to the beneficiary's relatives instead of the rest of the...- Mark_A
- Post #31
- Forum: Wills, Trusts and Estate Planning
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