Arbitration Agreement
A caller wonders about the enforceability of an arbitration agreement, especially one that stipulates which state’s law will apply. Attorney Matt Catchick explains that this might be enforceable, but an attorney really should review the document to make sure.
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The Seller Backed Out of The Deal
A caller had a deal — with a $50 dollar deposit — to buy a dryer. Now the seller has canceled the deal for no reason. Brian explains that the buyer could go out and find a similar dryer and — if it cost more — sue the seller for the difference. Brian notes that litigation might make this option unpleasant so it might work to point out to the seller that this is an option one could take and perhaps that would persuade the seller to come around.
The Remodeler Isn’t Paying the Subcontractors!
Brian explains to a caller whose home is being remodeled that a dispute over payment between the remodeler and the subcontractors can come back to haunt the homeowner. If the subs aren’t paid, they can lien the house — even if the homeowner has properly paid the remodeler. The homeowner must take steps NOW to make sure that doesn’t happen.
Can They Cancel the Insurance for Non-Payment?
Brian explains that an insurance company can make up its own rules — so long as they are part of the contract you agreed to — for payment. Whatever the contract says, goes. It’s a simple matter of contract interpretation.
Help – My Apartment House Neighbors Smoke Too Much!
Brian explains that a landlord owes you an apartment that is quiet, peaceful and comfortable, and if it is filled with cigarette smoke from a neighbor, your landlord has breached the lease. Time to call a lawyer who handles landlord-tenant problems.
Is a Non-Compete Agreement Enforceable?
Brian explains that sometimes, non-compete agreements are enforceable, but the only way to find out for sure is to hire a good attorney — well-versed in labor law — and have them go over the contract with a fine-toothed comb.
Employer Cutting Back on Hours
Brian explains that while an employer can generally hire and fire employees who are “at-will,” they cannot hire and fire preferentially based upon things like gender, age and race. Questions like these need to be answered by an attorney.
New Rules at Work!
A caller’s workplace has changed the rules and is now requiring employees to meet quotas, even though the various workers do different jobs. Brian explains how this MIGHT be legal, depending on the contract. At least this caller is lucky; he belongs to a union. Brian directs the caller to speak to a union rep and see whether this new set of rules is justified under the contract.