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Here is the situation. A mattress was purchased, one year

Hi, here is the situation.A mattress was purchased, one year later it was returned under warranty along with a mattress base. The base was exchanged, but the original mattress model was no longer available so another was offered but was not satisfactory to customer. The business gave the customer a credit for it which was the cost of the original mattress to select a new one when ready to do so. Unforseen events occured and the customer was unable after 2 plus years to redeem it having no home due to a disability to put the mattress. During this time the customer repeatedly contacted the business and was assured "the credit is here and will be here when ever you are ready to use it". When the customer was readyt o use it the business stating an IRS income rule stated they had zeroed out and deleted the credit. At NO time did the business tell the customer that there was a time frame or expiration to the credit nor did they inform the customer that it was being written off. What rights if any does the customer have in getting a replacement mattress or $ of equal value or a less expensive mattress and $ or a store credit. Business claims it was not a store credit to start with given it was warranty exchange, but acknowledges the credit.

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Asad Rahman

Attorney

J.D.

3,122 satisfied customers
Omg we are in such a horrible jam. We purchased a Nissan

Omg we are in such a horrible jam. We purchased a Nissan Maxima 2006 on 8/29/2016 from a Mr. Slick on internet Craigs list for 4900 and we fell for all of his antics. Mileage was wrong actual mileage was 109,000, we changed it to 119 k as written on title to get the sale done. Then us idiots fell for his antics that it was his wifes car so we fell for that too. We test drove it in the rain and seemed fine but found out later the transmission was shot. We have the papers etc but it is such a long story. Car fax report did not state major transmission problems on 2006 nissan maxima.JA: What state are you in? It matters because laws vary by location.Customer: FlJA: Has anything been filed or reported?Customer: No, we are trying to figure out what to doJA: Anything else you want the lawyer to know before I connect you?Customer: I am not sure.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,056 satisfied customers
Thanks so much. In your professional opinion, based on my

Thanks so much. In your professional opinion, based on my circumstances, would the Title 22, Section 1256-1(e)(4) the attorney referenced apply. In other words, if Takeda did report to EDD mutual separation as a part of a settlement, would I "not" be disqualified based on title 22? Takeda attorney says I wouldn't be disqualified. Is she correct ?

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37,964 satisfied customers
Mr.! I am not sure if you can view my previous question

Hello Mr. Phillips! I am not sure if you can view my previous question which will provide some background? I assume so?My company and I reached a settlement. In the MOU it specifically states "Strauss employment will end as of Sept 1...strauss agrees to not rehire. In the long form, which has same language and was drafted by my company's attorney, I requested they add the language "at no fault of her own" (referring to the ending of my employment). My company refuses to add that language. I want to ensure I will be granted unemployment.The attorney verbally told me, when I questioned her what my company would report, she stated, "a mutual separation". I told her it wasn't mutual and I never agreed to have it mutual. I only am agreeing to "not rehire".They are willing to put the following language in the agreement. However, this provides zero guarantee they will not provide EDD with language that will not disqualify me: email from the attorney today:This morning, you indicated by email to me that "When I specifically asked you what Takeda would report to EDD, you stated, the separation was mutual. As an employment attorney, you very well know that would disqualify me." This is simply wrong. Title 22, Section 1256-1(e)(4) provides as follows:"There may be a separation by mutual agreement if the employer and employee have mutually agreed to separate, either at the time of termination or, initially, at the time of hire. In such cases the termination is neither a discharge nor a leaving and thus a disqualification cannot arise under Section 1256 of the Code. The expiration of a fixed term contract of hire to which the parties initially agreed is an example of a termination by mutual agreement."We have added language into the agreement in hopes of clarifying this issue for you so that Takeda's intention is clear. That language is as follows:Subject to your execution, non-revocation, and continued compliance with the terms of this Agreement, the Company agrees not to affirmatively contest any effort by you to seek unemployment insurance coverage based on your separation from employment with the Company (except nothing herein shall prevent the Company from providing accurate and truthful answers regarding your employment relationship or separation, to the extent obligated to respond to inquiries from any government agency related thereto, regardless of any impact on your ability to obtain unemployment insurance benefits).I have requested they provide in the agreement one of three options: check option 3. laid off/lack of work on form DE 1101C/Z or put involuntary separation in the the "other option" or add the language "as of no fault of her own".Can you please provide your opinion? What should I ask of them to insure they will not report information EDD that will disqualify me? I greatly appreciate your professional insight.

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Phillips Esq.

Attorney

Juris Doctor

18,316 satisfied customers
We are signing the closing documets for house purchase in a

We are signing the closing documets for house purchase in a week. The title company told us that since they receive the funding a day before closing we have to pay the interest on our mortgage for one extra day (for the day before the closing). Is it legit? Any regulation in CA on that?

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KJL LAW

Juris Doctorate

1,174 satisfied customers
I had a question a property ownership, California, no, Just

I had a question a property ownershipJA: What state are you in? It matters because laws vary by location.Customer: CaliforniaJA: Has anything been filed or reported?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: Just wanted to know my rights to a property i pay for but im not on title.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,144 satisfied customers
I have been told if the title company prepasred the closing

I have been told if the title company prepasred the closing statement for mortgage closing and specified how much money needed at closing and the borrower wired to escrow just enough to cover what the title company told what is needed for the closing -- then at the time of closing the closing company must come up with the difference. Also is it true that one needs to wait for at least 3 days (cool off period) before closing if there were changes made to the closing dollar amount as provided by the title company (up or down in the amount). If gthere a shortfall at closing - -can the buyer come up with a cashiers check at the time of closing to cover the shortfall. ? Only answer if you have personal knowledge of what can happen in

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Ray

Lawyer

Doctoral Degree

35,840 satisfied customers
Want to find out about a attorney,that works out of

want to find out about a attorney,that works out of Arkansas, and if u know anything bout Arkansas lawJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Fort smith, he works out of Sebastian county my son got in to some trouble there and I'm trying to find a reasonable fair lawyerJA: Has anything been filed or reported?Customer: my son was charge with a crimeJA: Anything else you want the lawyer to know before I connect you?Customer: I'm really just trying to find out bout Arkansas law and bout this attorney

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RobertJDFL

Attorney

Juris Doctorate

12,388 satisfied customers
I have recently had some cash problems. I have made all my

I have recently had some cash problems. I have made all my loan payments on my truck and last week paid it in full and early. My credit card was closed by myself and brought it current as asked to release my title. They are claiming cross colatora and will not release the title till the card is paid in full. Can they legally do this?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,144 satisfied customers
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