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Your post is so fraught with miscomprehension of the multiple legal issues and their complex ramifications as to deny anything but laborious comment.
Suffice it to say that the OP will never achieve the position of being able to demand any payment from the agent's E & O Insurance Company until...
For a litany of reasons, you are behaving dangerously naive! And if you don't stop wallowing in here looking for some inexpensive, non-existent magical cure-all for your most complex legal issues and engage competent legal representation, you are going to get financially burned!
Do you mean "fair" as in "love and war", "impartial", "sportsmanship" or as in ""fairground"?
Also, if your so-called awareness of applicable law could permit the OP to kill two birds with one stone, why did you sic the OP on the smallest of the two?
Fini
If the responder proposing that you sue the insurance agent for "errors and omissions" had an inkling of the laws of agency, he or she would be aware of this:
That given the circumstances as reported - particularly the presence of the principal/agent relationship - the same evidence that would...
Sorry, but you are much mistaken. Unfortunately, but not surprisingly you have completely misconstrued your cited legal authorities. None support your belief that the court sitting on your motion for summary judgment must reject the opponent's adding a statute of limitations defense as being...
Once again, if you please:
Why would you suspect that the mere act of incorporating terms and conditions from an expired lease into a subsequent lease - covering the same property and between the same parties - could in and of itself - have any legal consequence materially affecting a cause of...
Your much to be yet revealed post calls for a bit of interpolation.
Apparently, something occurred during the course of the original lease agreement which you believe constituted the landlord's breach of one or more of the "terms and conditions of the original rental contract" and thus gave...
Please understand that the courts are not going to let you off the hook by nullify the entire lease agreement merely because the landlord required a security deposit in excess of that allowed under Virginia law. *
For purpose of assessing damages and allowing you compensation the matter would...
I have no quarrel with your cited authorities. I simply dispute your flawed interpretation of them. An interpretation that would convert Texas as holding to the "English Rule" as opposed to the "American Rule" that as has existed in the state for over a hundred years.
Where we differ is in...
MCG near-final response to FK fee petition (02116831.DOC;1) (texasbarsections.com)
My apologies, but once again you must stand corrected. The general rule in Texas for the award of attorney fees IS NOT AS YOU HAVE ABOVE STATED:
To the contrary and quoting from the Texas Supreme Court in the...
With all due respect I must take issue with your representation of applicable Texas law. Your response is viewed as mistakenly declaring that a landlord (prevailing in an eviction suit) is entitled to an award of attorney fees from a defaulting tenant - with or without a contractual agreement...
Pease take note that whether or not your father has any claim to the mentioned Marketable Treasury Securities depends on the status of the ownership of those securities at the time of your mother's manifested efforts at gifting them to you.
If their ownership would be that of her sole and...
Could such numerical achievement be due in part because to date no admin has found reasons to find fault with such penetrating inquiry as: "WHAT STATE"?
Yes, you are indeed wrong!
In legal parlance the word fraud is generally defined as a deliberate falsification, subterfuge, or intentional misrepresentation of the truth designed to induce another to part with something of value or forgo a legal right as leading to liability for civil damages...
With all due respect, there are cogent and compelling reasons why the OP should NOT do as you would do if wearing his shoes.
Meaning that if in his shoes you would ignore/reserve rights afforded by Illinois' Mechanic's Lien Act - on the mistaken belief that "he is owed more than would be...
Obtain a money judgment against the property owner and THEN see if the OP qualifies for a mechanic's lien?
That advice is as equally flawed as suggesting that a mortgage lender first take a money judgement against the defaulting mortgagor/borrower and then attempt to foreclose the mortgage. Or...
Stop fussing over the "kind of lawyer to look for". In the first place you are not qualified to know what kind is needed.
There are scores of reputable law firms in your community any one of which will provide you with competent legal representation. All you need to do is to promptly call for...
Good point? . . . More a conjecture based on the unlikely circumstance that the client is equally suited to predict the results of litigation and ignores the fact that in the event of failure the lawyer can write-off his out-of-pocket whereas the hapless client can't.
Legally speaking you are on solid grounds. Which is to say that given the circumstances described the property owner is conclusively bound by the inspection reports prepared and submitted by the "hired agency".
See: California Civil Code Agency Sections 2295-2300, 2304-2326, 2330-2339...
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