Join the 9 million people who found a smarter way to get Expert help

Recent Errors and Omissions questions

The sellers of a property had an extension on paying the

The sellers of a property had an extension on paying the property taxes. After I bought the property I was charged for the past property tax. Since escrow should have deducted this cost how do I go about getting reimbursed for those taxes? Should I ask Escrow to pay me back?

Read more

Ray

Lawyer

Doctoral Degree

35,266 satisfied customers
I sold my home a few months ago, and although I was selling

I sold my home a few months ago, and although I was selling "by owner," the buyer insisted on hiring an agent to represent him. A non-agency agreement was made part of the sales agreement, stating that the agent commissions would be paid by the buyer. Upon signing the closing documents, the escrow officer quickly summarized all of the numbers and I signed my portion of the contract. Several weeks later, I found that I had been assessed a seller's credit to the buyer for the amount of the commission. I was never asked to provide this credit, and I never signed an addendum or amendment to the contract giving my permission. When I asked the escrow officer and the buyer's agent about this, I was told the credit was to be paid back to me by the buyer, after close of escrow.Now, I am fighting to get the buyer to pay it... which he is refusing. I was told by one of your attorneys that I should go to the real estate broker and demand payment. The broker tells me it is not his responsibility, and that I need to get the payment from the escrow company since it was their mistake.Who is right in this situation? I don't care who pays me back, but I am owed the money and want to get it paid.

Read more

Ray

Lawyer

Doctoral Degree

35,266 satisfied customers
Had a commercial insurance fire loss 31/2 yrs.ago.about 2

had a commercial insurance fire loss 31/2 yrs.ago.about 2 year ago we need to pay 1/2 fee to ins. co. [auto-owners] for an "umpire" & also need to hire a private adjustor to hear the dispute,i.e. between policy holder & ins.co. the umpire naturally found in favor or the co. looking back the agency that sold us the policy did not let us know an umpire would set the figure of our policy covereage. we were 1/2 insurer on the structure,had $750,00--umpire set the building amount award $380,000--the co. sent us a letter and state it over & closed the claim. we also found after the loss the agency that we had no inv.included under our business garage package. the building could not be rebuilt for less than 1.1 kkk our agent first stated we were under insured so a 20%-80%would apply??is the agency @any fault & is it past any limitation time??? no local attorney is very excited to file upon the ins agency--bk&c of Cheboygan mi

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,786 satisfied customers
My contractor has a current policy insurance insurance that

My contractor has a current policy for liability insurance insurance that has a million dollar coverage for each occurrence. He has agreed that the workmanship is poor and needs addressing. They basically destroyed in the interior of my home, electrical, floors etc...He has broken some laws in doing so. Been legally deceptive. I have been trying to work with him but in the end he is not wanting to fix ALL the work,just part of the damages. I am well within the time frame to file a lawsuit. We live in louisiana. The contractor, who I thought was very honest, I now know he has lied about many things, perhaps false reports and fraud. With all that said, he wrote me a letter and said he has NO insurance. I confirmed the policy was up to date, but he wrote back he has no E & O coverage ? so he says, no insurance ! What is an E & O policy ? and what would it exclude if I have a claim ? Thank you..Terri

Read more

Roger

Litigation Attorney

Doctoral Degree

33,448 satisfied customers
In Texas, closing on a house and have questions regarding the

In Texas, closing on a house and have questions regarding the closing costs. They want to charge me prepaid homeowners insurance for 12 months ($1675.00) plus another 3 months homeowner insurance ($419) as "Initial Escrow Payment at Closing". That seems ridiculous. First, why are they entitled to 1 yr homeowner insurance premium? I can see the lender wanting insurance on the property; however, once I obtain the insurance that should satisfy the lender. How I pay for the premiums is between me & my homeowner's carrier. Second, is lender double dipping by asking for 12 months plus 3 months monthly insurance premium?Another question, what's the purpose of Title Insurance? Is it mandatory I purchase Title Insurance? What is Mortgage Insurance? Is that mandatory? What is difference between Owner Title Insurance and Lender Title Insurance? Thank you for assisting me in answering these questions.

Read more

Maverick

Doctoral Degree

6,392 satisfied customers
I'm suing a contractor who I'm certain is going to declare

I'm suing a contractor who I'm certain is going to declare bankruptcy by time all the law suits against him are done. His construction business was has General Liability Coverage. The problem is that this contractors work was defective from the onset. If we let his defective work go with out repairing it, there will certainly be resulting damage. However, now there just a bunch of work that needs to be redone.I'm curious for one if his defective workmanship would be covered and as to whether or not this contractor has a say as to whether or not the insurance company can settle on their own, or if this crooked contractor can dictate whether or not he allows them to settle.I should add that his insurance is representing him in this lawsuit.

Read more

Roger

Litigation Attorney

Doctoral Degree

33,448 satisfied customers
I am a secondhand dealer in Palm Beach County. I purchased a

I am a secondhand dealer in Palm Beach County. I purchased a set of earrings in November. Held them for the term of purchase and hold period. Supposedly the were stolen from Venezuela in which I was never given proof of. Palm Beach Police department contacted the FBI and they eventually agreed that they where legally mine. Now AIG insurance is suing me what can I or Do I need to do.

Read more

Gerald, Esq

Juris Doctor

5,154 satisfied customers
I got the transcripts. Should I file the other items below

I got the transcripts. Should I file the other items below in the state case?SECTION 3THE RECORD ON APPEALIt is the appellant's responsibility (or in the case of a cross appeal, the crossappellant's responsibility) to ensure that the record is adequate to permit appellatereview of the appellant's claims on appeal. P.B. § 61-10. The record includes the casefile, any decisions, documents, transcripts, recordings and exhibits from theproceedings below, and, in appeals from administrative agencies, the record returned tothe trial court by the administrative agency. See P.B. § 60-4. The failure to provide an adequate record for review could result in the court's declining to review an issue or claim on appeal. Perfecting the record for appeal involves a number of activities both before and after filing the appeal:1. Transcript.2. Motion for Rectification. The appellant should seek to correct any errors oromissions in the trial record by filing a motion for rectification. P.B. § 66-5; see P.B.§ 66-2.Except for good cause shown, no motion for rectification can be filed after the appellant's brief is filed. The filing ofa motion for rectification does not toll the time for filing the appellant's brief, so amotion for extension of time may be necessary. See P.B. § 66-1. The office of theappellate clerk will forward the motion for rectification to the trial judge who decided,or presided over, the subject matter of the rectification. The trial judge will file thedecision on the motion with the office of the appellate clerk. The trial court may holda hearing to receive evidence, approve a stipulation of counsel or hear argumentsregarding a requested correction. Any party aggrieved by a trial court's ruling on amotion for rectification may file a motion for review under P.B. § 66-7, which isdiscussed below.3. Memorandum of Decision or Transcript of Oral Decision. It is also theappellant's responsibility to ensure either (a) that the trial court files a writtenmemorandum of decision or (b) if the trial court's decision was oral, that a transcriptof the portion of the proceedings in which the court stated its oral decision is signedby the trial judge and filed in the trial court clerk's office. See P.B. § 64-1. Filing atranscript of a decision that is not signed by the trial judge may not be sufficient topermit appellate review. If the trial judge fails to file a memorandum of decision orto sign a transcript of an oral decision, the appellant should file with the office of theappellate clerk under P.B. § 64-1 (b) a notice that the decision has not been filed,specifying the trial judge involved and the date of the ruling in question. Theappellate clerk will forward the notice to the trial judge. If the judge does notrespond in a reasonable time, the appellant may also seek an order under P.B. §60-2 (1) directing the trial court to file its decision or sign the transcript.4. Motion for Articulation. Whenever the trial court's decision fails to address anissue that was raised in the trial court and will be raised on appeal, or is unclear orincomplete in setting forth the factual or legal basis of its decision, it is theappellant's responsibility to file a motion for articulation under P.B. § 66-5. Themotion for articulation (which seeks further explanation regarding the basis for anexisting decision) should not be confused with the notice, discussed above, that isfiled pursuant to P.B. § 64-1 (b) when the trial court has failed to file anymemorandum of decision or to sign a transcript of the court's ruling. The timeperiods for filing a motion for articulation are the same as those governing motionsfor rectification. Filing a motion for articulation does not toll the deadline for filingthe appellant's brief, so that a motion for extension of time to file a brief may benecessary. See P.B. § 66-1. The office of the appellate clerk will forward themotion for articulation to the trial judge. Within 20 days of a judge's articulation, anyparty may move for further articulation. P.B. § 66-5.5. Motion for Review. If any party is aggrieved by the action of the trial judge on amotion for articulation or rectification, that party should seek appellate review of thatdecision by filing with the office of the appellate clerk a motion for review under P.B.§ 66-7 within 10 days of notice of the trial judge's action. See P.B. § 66-6. Failureto file a motion for review may result in an appellate court's declining to review anissue or claim on appeal, even if a motion for articulation or rectification was filed. Ifthe motion was not granted or the trial court's ruling is incomplete in any way, aprudent party will file a motion for review, attaching any relevant pleadings,transcripts or other court papers.

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,786 satisfied customers
My situation is that I've been a volunteer Board of

My situation is that I've been a volunteer Board of Directors (non-officer) member on my condominium's housing board for two years, and I have lately realized that I have been negligent for the last year by failing to identify the unauthorized spending that was going on. I went to the meetings regularly but I didn't read the financial reports.Then we had the Condominium Association's meeting at the end of November, at which the Board's attention auditor told everyone present that the association's financial situation is quite bad, much worse than I had realized. When I went back and reviewed the monthly financial statements for 2015, it became clear that the Board's president was spending association money on various expenses that the board as a whole had not authorized.Residents really started to ask questions about Board spending when the President used association money to upgrade the fencing around her own unit in the late summer -- again, this was not something approved by the board. I noticed the new fencing but didn't really think about the implications until the annual meeting, when residents asked questions like, "Who authorized the new fence?", and everyone stayed quiet. I realized it was the Board President, but I said nothing. When one person asked "Why are we spending money on X,y,z?", again, the Board members stayed quiet rather than admit the truth. I don't know if that was wise or foolish.After that meeting, I went back and finally looked at the end-of-year financial statements for the condominium association. I was horrified to realize that we went $55,000 over budget on the association's "General Maintenance and Repair" fund, much of which was spent without other Board member's knowledge by the President. I can't claim innocence, however, because I had been getting the monthly financial statements all along -- I just failed to read them until it was perhaps too late. At that point, in late November, I did send an email to our association's management company, telling them not to approve or reimburse expenses submitted by the Board president unless they had heard from the majority of the Board that it was approved.So, in the last few weeks, another alarmed Board member and I have spoken to the association attorney about the situation and our culpability in it. The attorney advised us that there is an insurance policy protecting board members if they get sued, as well as an indemnity protecting the board members from lawsuits. The attorney is also helping us deal with the management company who allowed the Board president to make unilateral spending decisions. With the attorney's counsel, we are also seeking to remove the Board President from that position within the next few weeks by majority Board vote. We are quite possibly going to change association-management companies as well, as this management company has really never question a lot of the reckless spending.Making big changes like removing the Board president and changing the management company is bound to get attention. We will definitely have residents asking the Board why we are making these changes. At this point, what should I say for myself or for other Board members? Do I answer honestly about the fact that I (and really, other non-President board members too) showed negligence over the last year for not paying more close attention to the Board financial statements? Do I apologize? Or is that the equivalent of wearing a sign that says "Please sue me"? Do I say anything about the Board President's reckless and unauthorized spending?Basically, I'm afraid that if I say the wrong thing to the resident's questions that will inevitably arise, that I will basically make myself or other people easy lawsuit bait. Even if I have protection against getting sued from the insurance policy and indemnity, I still don't want to encourage people to sue me or other people. I also don't want to get sued by the Board President for defamation by openly speaking of her bad behavior. So, in the face of tough questions, what is the wisest legal course? Should I stay silent? Hire my own attorney on hand to answer questions on my behalf? Literally plead the fifth?

Read more

Ely

Counselor at Law

Juris Doctor

63,802 satisfied customers
View more legal questions
In The News