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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 40669
Experience:  30 years in civil, probate, real estate, elder law
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Would like to know if the attached is a legal contract in

Customer Question

Hi would like to know if the attached is a legal contract in Las Vegas and should I have a lawyer present before signing it.
JA: Has anything been filed or reported?
Customer: THIS AGREEMENT is made this 14th Day of June, 2017, by and between Fine Art Brokers Inc. and Allan Marchica, WITNESSETH: In consideration of the mutual covenants and agreements to be kept and performed on the part of said parties hereto respectively as herein stated:
Fine Art Brokers Inc. covenants and agrees that:
They shall, for a period of three to twelve months from the date of purchase, market the image known as the Marilyn Monroe (Red Velvet) signed by Hugh Hefner PLC S1 01 at the selling price of no less than $18,750 for Mr. Allan Marchica.
During said marketing period, the image will be in Mr. Marchica possession or in the safe at F.A.B inc at 332 S Jones Blvd Las Vegas NV 89107 with Mr. Marchica proper authorization.
At the completion of the sale and within 30 days of payment from the new owner(s), Mr. Marchica will receive a wire transfer for the full sale price, minus commissions of 10% from the net profit.
Fine Art Brokers will not sell the image for any price below $18,750 without the written consent of Mr. Marchica.
If at the end of 12 months the image has not been sold for at least $18,750, Mr. Marchica will have two (2) options: Keep the image or sell it back to Fine Arts Brokers Inc. for the purchase price of $7950.00 ($1950 MM.BW sold for $4950 and $3000 to be paid by Joseph Marchica) plus 10%. For a total of $8745 buyout to be pay by F.B.A Inc to Mr. Marchica within 10 days after conclusion of contract.
This agreement shall be binding upon the parties, their successors, assigns and personal representatives. Time is of the essence on all undertakings. This agreement shall be enforced under the laws of the state of Nevada.____________________________________ ____________________________________
Fine Art Brokers Inc. Joseph Marchio Fine Art Brokers Inc 2995 S. Jones Boulevard • Suite D • Las Vegas, NV • 89146 • Tel:(###) ###-####• Fax:(###) ###-####Playboy Legacy Collection • MGM Signature CollectionMichael Childers • Daniel Furon • John Stoddart • Frank WorthAuthorized Signature
JA: You just pay a $5 deposit now and the rest only when you get a reply from the Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason. Since estate law varies from place to place, can you tell me what state this is in?
Customer: Las Vegas Nevada
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 13 days ago.
Category: Legal
Expert:  Ray replied 13 days ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 13 days ago.

Assuming it was signed here it is likely a legal and binding written contract.Any violation would be a breach of contract or collections type suit here.

Here are the Nevada elements and case law, as you can see this appears to meet those..

In Nevada, the elements for a claim of breach of contract are:

  1. Valid contract (offer, acceptance, consideration) exists between plaintiff and defendant;
  2. Defendant breached the contract or failed to render performance when it became due;
  3. Defendant’s breach or failure of performance was unexcused;
  4. All conditions precedent to defendant’s duty to perform were fulfilled by plaintiff or were excused;
  5. Plaintiff was damaged by the breach;
  6. Causation and damages were a forseeable consequence of a particular breach (causation is an essential element of liability).

Cohen-Breen v. Gray Tel. Grp., Inc., 661 F. Supp. 2d 1158, 1171 (D. Nev. 2009); Brown v. Kinross Gold U.S.A., Inc., 531 F. Supp. 2d 1234, 1240 (D. Nev. 2008); Saini v. Int’l Game Tech., 434 F. Supp. 2d 913, 919–20 (D. Nev. 2006); Clark Cnty. School Dist. v. Richardson Constr., Inc., 123 Nev. 382, 168 P.3d 87 (2007); May v. Anderson, 19 P.3d 1254, 1257 (Nev. 2005); Colorado Structures, Inc. v. Ins. Co. of the West, 106 P.3d 815, 820 (Wash. Ct. App. 2005); Nevada v. Sutton, 2004 WL(###) ###-####(Nev.); Wiz Tech., Inc. v. Coopers & Lybrand, LLP, 106 Cal. App. 4th 1, 130 Cal. Rptr.2d 263 (2003); D’Angelo v. Gardner, 107 Nev. 704 (1991); Gramanz v. T-Shirts and Souvenirs, 111 Nev. 478, 894 P.2d 342 (1995); Bernard v. Rockhill Dev. Co., 103 Nev. 132, 135, 734 P.2d 1238, 1240 (1987); Shetakis Distr. Co., Inc. v. Centel Commc’n Co., 104 Nev. 258, 756 P.2d 186 (1988); R&S Inv. v. Howard, 95 Nev. 279, 282; 593 P.2d 53, 55 (1979); Roth v. Scott, 112 Nev. 1078 (1966); Acoustics, Inc. v. Trepte Constr. Co., 14 Cal.App.3d 887, 92 Cal.Rptr.723 (1971); Reichert v. Gen. Ins. Co. of Am., 442 P.2d 337, 381 (1968); Amen v. Mercede Cnty. Title Co., 58 Cal. 2d 528 (1962); Rianda v. Sand Benito Title Guar. Co., 35 Cal. 2d 170 (1950); Dachner v. Union Lead Mining and Smelter Co., 65 Nev. 313 (1948). Restatement (Second) of Contracts , §§1, 9, 17, 71, 224, 235, 346 (1981), 17 Am. Jur. 2d Contracts, §10, 361, 445 (1964).

Generally, a contract is an agreement or creation of a duty between two or more parties, with mutual assent and sufficient legal consideration, which the law can provide a remedy in case of breach. Restatement (Second) of Contracts § 1-8 (1981).

I appreciate the chance to help you tonight.Thanks again.

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