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    Monday, December 28, 2020

    Legal Advice - Can I take my ex to court to protect our son (6m) from my ex's future stepdaughter (12f)

    Legal Advice - Can I take my ex to court to protect our son (6m) from my ex's future stepdaughter (12f)


    Can I take my ex to court to protect our son (6m) from my ex's future stepdaughter (12f)

    Posted: 28 Dec 2020 03:23 PM PST

    My (27f) ex (30m) and I have a 6yo son. My ex lives in TN with his now fiancee and her 12yo daughter while my son and I love in IN. I have primary and majority custody.

    About 6 months ago my some told me that the daughter had molested him "a long time ago". Which explains the behavioral issues we've been dealing with for over a year. He's been in therapy Since I found out. And since then I have refused visitation unless the daughter is gone. My ex has been pretty mad at me about it.

    He told me on friday that he was proposing to his gf this weekend and that he wanted both our son and her daughter to be there. I refused and he told me I needed to "get over it." And that he "can't keep the kids apart forever"

    My question is, if I take him to court, can I take his custody rights away due to him choosing to continue to put our child in danger??

    submitted by /u/Ok_Pepper5916
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    My doctor made me deaf

    Posted: 28 Dec 2020 03:51 AM PST

    Please please read, I really need help! Hi, I am a 22 (f) this occurred when I was 21. I live in NSW Australia.

    Last year in April I woke up one morning with complete profound deafness and loud ringing in my right ear and terrible vertigo and nausea. After vomiting the entire day I went to a doctor the next morning where I informed the doctor of my deafness. She checked my ear for an ear infection and found nothing. She told me that I had a virus, gave me an injection for the nausea and told me to "wait out the virus and my hearing will come back."

    When I continued vomiting (couldn't even move my eyes without the room spinning) for the next 3 days, I went to my regular doctor (didn't originally go to her as she was previously unavailable). In the room with me was my house mate and her mum. I told her of my deafness and my vertigo. She told me I had benign vertigo disorder and again I was told that my deafness was a symptom of this virus (one they couldn't give me a name for) and that I needed to wait it out and my hearing will come back.

    Because o thought that my hearing would come back, I continued to wait. I ended up going to her 3 more times within the next 2 months, all in which I made her aware of my ear and all she told me to wait it out. On the final appointment with her, she told me that I had a wax build up in that ear and hesitantly gave me a referral to an ENT where he would 'clean my ear out and I would be able to hear again'.

    She never told me this appointment was an emergency, therefore when I made an appointment and one was only available on August, I did not tell the receptionist that i needed it sooner.

    When I finally got to my ent appointment in August, he gave me an examination and a hearing test where he told me I had nerve damage in the ear and was profoundly deaf. He told me that I was supposed to be referred to him within the first 15 days of deafness so that they could immediately put me on steroids in hopes to bring any hearing back. But since it was so long I only had a 10% chance now of it returning. Which it didn't.

    I was in complete shock as I was lead to believe that he would clean my ear out and then I could hear again. And I was also told to 'wait it out' all this time when in fact I had a 15 day window to get this medicated.

    Due to this, I made a medical malpractice complaint. To summarise quickly, the response from that was that my doctor had not written any of my hearing loss in my medical records and claimed that I never came to her for hearing loss so I should drop it. They told me to drop it at it was simply 'he said she said'.

    I then got my friend and her mom to write 2 witness declarations and threatened them with a lawyer if they didn't take this further. Their response from this then changed to the doctor saying that maybe I did come to her for it and the board said that she now knows her lesson to refer with future patients.

    I got zero compensation or a formal apology, both things in which I requested.

    My question here is, do I have a case to take this further? I was only 21 when I completely lost my hearing on the right side and the doctors that I went to didn't take care of me properly, and then lied that I came to them for it.

    I'm devastated because it's threatening my own livelihood. I can't even waitress as a student now because I can't hear in loud rooms.

    Can I take this to a lawyer?

    submitted by /u/tea112
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    (WV) My mom is killing my step-dad

    Posted: 28 Dec 2020 05:06 AM PST

    My stepdad is disabled to a point where he can only walk to our kitchen and back, at the most. My mom is also disabled, but chooses to call herself his caregiver. She doesn't bathe him, change his clothes, and cooks for him rarely. He has one meal a day, and sometimes even less(snacks only). He is eligible to stay at a care center, but my mom refuses to send him because "she loves him". I don't want him to die, but between school and work I can not provide for him. What should I do??

    submitted by /u/LazySack
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    UPS picked up my return package from inside my house, gave me a receipt to confirm, then dragged it on the concrete - ripping it and getting wet mud all over it then changed their mind about taking it and left it outside.

    Posted: 28 Dec 2020 04:21 PM PST

    I had a scheduled UPS pick up today for a mattress. The mattress was wrapped and prepared. When UPS arrived he took a look at it and said "yeah i'm not sure this is gonna work" but took it anyways. He gave me a receipt to confirm the pick up and went about doing his job.

    The driver dragged the mattress out to the concrete which ripped the packaging and mattress up pretty bad - packaging that cost me well over $15. He continued to drag it then decided he might need something with wheels to carry this 150 lb object. He got the little carrier with wheels and took it and threw the package in the back of his truck. After seeing him complete his job, I close the door and call it a day.

    15 minutes later he comes knocking on my door and says "it just aint gonna work" and leaves the package outside. I was shocked especially because he had given me a receipt confirming that this was over and done with. After that I drag the package back in and sat confused af over this. I even took a picture of him dragging and ripped the package in case I needed proof that he's at fault for a ripped mattress and not me.

    30 minutes later the driver comes back knocking on my door demanding I give him the "paperwork" that he left earlier. I was very confused and told him he didn't leave any paperwork, but he insisted that he did and he barged into my living room looking for it after which I screamed that he gets tf out. He did. But, now I realize he's talking about the receipt. I have no idea what this means, what to do, or how to proceed or where to even post this.

    Any advice would be appreciated.

    submitted by /u/Otter_theGreat
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    Landlord demands minimum heat temperature, we pay for heat

    Posted: 28 Dec 2020 03:37 PM PST

    First time posting here, apologies if I'm missing any format/rules. I (26M) rent an apartment in Manhattan, NY where my roommate and I pay for our own heat via electric bill. Our landlord says we cannot lower the heat under 72 degrees because the pipes may freeze but it is 1. way too hot in our apartment and 2. our electric bill is too high. Does the landlord have a right to demand the temperature of our heat? Our thermostat only controls our unit, not the building. We just want it at 69-70 degrees not something drastic like 50...

    Edit: There is no mention of the heat requirement on the lease. There is however an index card taped to the wall under the thermostat saying "Do Not Put Heat below 72 degrees." This was on the wall when we looked at the apartment before signing lease, not sure if that changes things.

    submitted by /u/dconimus
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    I inherited my estranged fathers house.

    Posted: 28 Dec 2020 07:41 PM PST

    This might be a little long. My father died when I was 16 ( I am now 21. ) I just found out yesterday that I am the only person in his will, and he left the house to me. The only reason I am just now hearing about this is because his mom was living in it up until a week ago, she's now in a nursing home, the house is empty and I am talking to the attorney tomorrow on how to move forward. I was never close with my father, very few memories with him after age 4. I am still in shock and trying to process everything. Multiple people & websites have estimated the property to be worth anywhere from 200-250k. The house is not sentimental for me so I am almost certainly going to sell it. Me being 21 years old, that amount of money is going to completely change my future. As I said before, I'm very very shocked. I don't know jack squat about the law around Inheritance or real estate etc. I guess I'm just looking for advice or questions to ask the Attorney, maybe stuff I should expect or prepare to expect? I know it won't be easy.. but I want to be as ready as I can be when I talk and get stuff squared away tomorrow. Thanks all!

    submitted by /u/UnderPrxssure
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    (ID) Huge odometer rollback. Dealer says law is in his favor. What can i do?

    Posted: 28 Dec 2020 09:45 AM PST

    Bought a car 2 years ago with 116,000 mi. Just found out today that it had somewhere in the range of 300,000 when it was rolled back just before i bought it.

    Apparently in idaho, cars 10 years or older cant be verified for milage? That's what the dealer is claiming. I lost over $3000 in just the milage discrepancy according to kbb. Is it worth my time to bring this to small claims?

    submitted by /u/Drivelime
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    Boss required me to sign a petition to the government or face not having a job there anymore. Is it legal?

    Posted: 28 Dec 2020 11:26 AM PST

    I work at a restaurant in mi,USA and the owner came in today with a petition to the local government saying the we all believe that the COVID regulations are hurting small business and we should be allowed to open bc of a 95.5% survival rate(idk where they got that number or if it's accurate). When I asked if I had to sign it she said "you can no longer have a job here if you want". I sign obviously bc I need a job to live but it seemed pretty sketchy.

    Edit: did they do anything wrong?

    submitted by /u/Massive_Ad4167
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    ATM Ate $500 - Bank Says No Discrepancies

    Posted: 28 Dec 2020 02:17 PM PST

    About a month ago, I went to deposit my pay at the bank (Scotia Bank in Ontario Canada). Considering it was $1500 and I live in a somewhat sketchy area, I felt uncomfortable carrying this amount of money with me at night. I split the deposit up into 3 different transactions..when I went to deposit the last $500, the machine ended up eating it and giving me a deposit error. The machine had essentially shut down.

    I went into the bank on the next business day to figure out how to get my money, and they checked the ATM and said it was still down. They told me there was nothing they could do at the bank and to call a number.

    I launched two investigations (each time being told it would take 4-6 weeks)....and have been told that there were no discrepancies with any of the ATMs.

    Is there anything that I can do at all or should I just cut my losses?

    submitted by /u/lostpostcards
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    Los Angeles- Landlord trying to charge back rent and evict me from apartment I moved out of 5 months ago

    Posted: 28 Dec 2020 04:24 PM PST

    Hi,

    Back in July I moved to Seattle. Prior to this I emailed the person I always communicated with from the leasing company telling them that I intended to end the month to month lease and move out. She never replied to me.

    A month later I received another bill so I contacted them and found out that the lady I usually dealt with no longer worked there. So they claimed I owed another months worth of rent. Annoyed but not wanting to go back there I just paid it. I was told that was the end of it.

    A month later they emailed me saying someone was still living on the premises and that I owed rent. Come to find out someone had broken into the unit and started living there. The office claimed I needed to be there in person for the police to remove the squatter so I flew to LA. Upon arrival the manager that had stated this and stated he would meet me to handle this ghosted me.

    I went ahead and dealt with the police myself and the unit was physically emptied again. At this time I received an email confirming this and that there was nothing left for me to do and that they would leave me alone and consider it closed.

    Now I received a bunch of eviction letters stating I owe them months of back rent and that I need to pay or be evicted / sued.

    I'm at a loss of what to do at this point. This is a massive apartment complex in the heart of LA that has private security and they're continually trying to blame me for someone breaking in with a locksmith because I use to rent the unit that keeps getting broken into. The amount of stress this has caused is unmeasurable.

    Any advice would be appreciated

    submitted by /u/PlayoffKeldon
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    “Spy cam” found in apartment bathroom. Apartment not doing anything.

    Posted: 28 Dec 2020 04:24 PM PST

    EDIT: I'm in Texas. I'm 22 and my boyfriend is 24.

    Hi I'm not sure what to flair this, but I found a "spy cam" in my apartment bathroom about an hour ago. Took pictures of it, I'm not sure how to post and link them so let me know.

    Boyfriend and I had been up all night, went to get breakfast and got home at about 10am this morning, he said he saw a maintenance worker with a large ring of keys leaving our apartment. We thought it was weird, but he didn't call the office or anything about it. Fast forward to about 5pm after waking up from a nap before work, I had a weird feeling and checked the bathroom for cameras. Found it on top of my stackable washer and dryer. Boyfriend went to the front office and the lady at the desk claims "nobody working here fits that description" and wants to charge us $45 to get the front locks changed. I called the cops while he was doing that, they took a report and said they'd send someone over but they haven't yet.

    What do I even do now? Is this really our issue to get charged over?? We've seen this dude around since we moved in, he drives a small company vehicle and delivers packages to everyone's front porch. Should the apartment complex be doing more? And do I need a lawyer?

    submitted by /u/DraculaaTeeth
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    (TX) Someone been withdrawing thousands of dollars from my business bank account each month for years forging my signature. What are my legal options?

    Posted: 28 Dec 2020 12:08 PM PST

    I am partnered with my father who is not tech savvy and recently in the past few months taught him how to check his bank account online. He had caught a constant monthly withdrawal from his account in the 2000-3000+ range where there were withdrawal slips where it was his name forged but still noticeably different. This was at our local community bank. We tracked it back to this being an issue for the past 3 years. My father never withdraw only deposit. We approach the bank and they confirmed it was stolen from his account only refunded him what was stolen the last two month and would not give up who the thieve was. I called a few lawyer and they mostly dealt in defense and not procecuting. They mentioned to call the police... we have yet to do that yet. Please any advice or reality checks would be greatly appreciated.

    submitted by /u/xnijuuichi
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    "AND" on title preventing me from registering my truck. I'm in AL & Ex is in PA.

    Posted: 28 Dec 2020 10:27 AM PST

    First time asking at r/legaladvice. While I believe my english is good, it's not exactly my main language (I'm deaf and uses sign languages). So apologies in advance for missing anything in this explanation or not being as clear as I should be. Go ahead and ask for any clarification and I will try my best. I am also not terribly familiar with procedures regarding titles and whatnot due to this (I've never really owned many vehicles and most of them was very straightforward in the past). I'm also not sure at all what flair to assign to this post.

    My ex and I am still good friend. We currently have a verbal financial agreement that Ex's name will remain on the title until I have paid back Ex's part of the truck's cost (initial purchase and Ex covered some expensive repair in the past). The truck was for me for commuting to work at the time. Due to circumstances regarding work and relationship. I moved down to Alabama just a week before the virus started appearing on the news. I had registered the truck recently before the move hence the late timing of the registration this year. Unfortunately my registration is expired due to this issue so I've been informed of late registration fees and whatnot that I will cover.

    I recently tried to register the truck by myself here in Alabama and I was informed that because there was an 'AND' between both of our names, both of us must be present to register the truck here. My ex currently lives in PA. They are immunocompromised and with a disability that makes them highly vulnerable to covid. So they can't just drive down to Alabama to sort this out with me.

    I am trying to figure out the best way to change the 'AND' to 'OR' so the ex's name would still be on the title but I can register the truck by myself. If this is not possible, is it possible to assign the ex's name as a leinholder once we formalize the payment agreement on paper or something?

    Is there a safe way to mail the title to my ex? I'm worried about the title being lost, destroyed, or stolen in the mail and whatnot. Again, to clarify, my ex is cooperative about this as long as both of us honor our agreements and this is an effort for me to do that while enabling me to be able to legally operate my vehicle from now on.

    submitted by /u/lostear_nomad
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    Paid the HOA the mandatory $36k for the special assessment for the 40 year building certification, but no progress has been done in over a year. What are my options? - Miami Beach, Florida

    Posted: 28 Dec 2020 02:10 PM PST

    Every 40 years the HOA association requires every tenant to pay their respective fee to renovate the apartment complex that we live in. Due to the nature of the building being a famous Art Deco style, the special assessment for the 40 year building certification is required by Miami Beach. It was told to us that the money would be used for a million dollar renovation. Our family paid our due of $36k immediately. It's been over a year and nothing has been done. Absolutely nothing. We've been reaching out to the HOA regularly and they have been the opposite of transparent on the entire situation. After months of reaching out to the HOA, with very few replies, we were finally informed that only 8 of the 20 tenants have paid their dues. The HOA has not given us a plan on how they expect to receive the required dues for the other 12 tenants. We believe only about 4 people know what's actually going on, but they refuse to share any additional info. What are our options? Is the money just gone? Should we hire a lawyer, and if so what can they assist us with?

    Any advice would be much appreciated!

    submitted by /u/KU_Jayhawk
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    A shop on Instagram used my image in a personalized ad without my permission, is there anything I can do?

    Posted: 28 Dec 2020 06:32 AM PST

    Hello! I was scrolling (tapping, I guess) through stories on Instagram and received a personalized ad in the middle, like normal. The personalized ads are setup to look like a normal Instagram story but are personalized like most ads are nowadays. It had three parts and all 3 were photos of people wearing the same hoodie that is sold by this shop. The third photo was of ME- I posted a photo months back of myself wearing this hoodie and tagged the shop in it. I screenshotted it thankfully, because since its a "story ad" you can't get back to it. Does me tagging them in a photo give them permission to use my photo in ads like that? Is there anything I can do about this that involves monetary compensation? I live in MA in the US, and the company is based out of LA in California, not sure if that helps at all. Thank you in advance!

    Edit: thank you for the responses so far, I am at work and trying to read what I can when I can! I have zero knowledge about this subject so apologies if I dont understand. When I showed some people in real life, they said "that company can't do that, they have to pay you to use your photo" and I wanted to know if this is true because it seems odd to me that I could supposedly contact the company and say "you used my photo, you owe me money". Was hoping for clarification on that :) thanks!

    submitted by /u/nekonoodles
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    [CA] My father passed away and he had over 200 hours in sick leave that he never used. According to my dad's employer's payroll admin, they can only pay hours worked and PTO hours but not his sick leave hours. Are we out of luck as far as trying to get his sick leave paid?

    Posted: 28 Dec 2020 03:38 PM PST

    I believe my landlord is making us pay for everyone’s water bill.

    Posted: 28 Dec 2020 09:35 PM PST

    Hello, first time posting her, unsure if I'm not posting this correctly but My two roommates and I have been living at our current place for about 3 months. I would estimate about 3 showers a day. Their are about 3 other people living in our complex and we pay $130 total for water a month. I may just be over thinking but does that seem like a lot for a 2 bed 1 bath apartment

    I live in Indiana

    submitted by /u/IBreezy2020
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    Military hidden cam in personal bathroom.

    Posted: 28 Dec 2020 05:57 PM PST

    This happened in Okinawa overseas off of an air force military base.

    My brother is an officer in the air force. He left for vacation but supposedly put a video camera in his bathroom knowing his female subordinate would house sit his house. His wife found 30+ videos on his phone of his subordinate showering/using the bathroom and the person he recorded found out and informed the military.

    What article will he be charged under? What are the penalties of recording someone in a private setting against their will with a hidden web cam?

    submitted by /u/Remilia23
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    Do I qualify for California lemon law?

    Posted: 28 Dec 2020 10:25 PM PST

    I have a 2019 Rav4 hybrid, which have a fuel tank issue (only able to fill up 2/3 of the tank). I searched online and there are a lot of people with the same issue and a month ago Toyota finally issue a letter saying they have a fix for it and I can take it to Toyota dealership to get it fixed. In short, I took it to try to get it fix but it was not fix at the end as the dealership first told me to come in when the tank is almost empty which I follow. But then was told they need to follow Toyota guildline which state I need to come in with full tank of gas. So wasted my day and didn't get it repair. This is the second time I had this look at. The first time was around a year ago, I call Toyota HQ hotline and told them the fuel tank issue and they told me to take it to a dealership to have it check. So I took it to dealership and they tested it and saw the problem but told me to go home and wait for Toyota to come up with a remedy. So in all, I had took the car to the dealership for this issue twice (2 different dealership). And problem not fixed. I open a return vehicle case to Toyota and they reply me saying that they have a fix for it but I didn't give them enough chance to fix it. My question is, does my case qualify for California lemon law as my car can't provide the range that it was advised as the tank is only able to fill up to 2/3 of what it is capable? If so, what can I do to follow up? Thank you in advance and sorry for the long read.

    submitted by /u/mavs180
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    Washington State Parental Rights - Removing Fathers Parental Rights for Safety of My Nephew.

    Posted: 28 Dec 2020 04:18 PM PST

    Hello Everyone,

    I am here to help my sister out, we are seeking some legal advice for Southwest Washington, U.S.

    To start my sister is currently going through the process of removing decision making rights and visitation rights from her ex-husband and biological father to my nephew. In court recently the judge decided to remove decision making so my sister can finally get him into counseling, which her ex-husband continued to block while also hiding from us. Additionally, the judge decided not to remove visitation rights on the grounds that he should be given another chance; here is our problem with that:

    When my nephew was a toddler, his father sexually assaulted him which sparked he and my sisters separation. The next year after separating he was convicted on several drug charges and then 3 years ago was arrested and convicted for sexually assaulting two other children born with his second wife, they were removed from custody and placed in foster care - they have since been adopted and have had he has had all rights removed and all contact blocked from them. He was placed under arrest, somehow managed bail, then went on the run and was found just this year for 2 attempted murders which he is now in trial for with an estimated 20 year sentence.

    My nephew is now several years older and has not had contact with his biological father since and my sister is now married again and has been for 3 years. This process has taken a serious strain on us as court hearings sooner could never be accomplished because he was continuously hiding from my sister stalling earlier action. And now today, when we are finally able to take this matter to court we are told after years of hiding from police, continued sexual assault against minors, and two attempted murders (in this same year) he should be given another chance. This is something we simply can not accept and intend to fight for the betterment of my nephews physical and mental health we just don't know where to begin.

    Some of the questions I am hoping to get help with are:

    Is there a way to request another judge take this case?

    Is this a type of ruling that can be appealed/re-done - essentially contested? -
    (forgive my lack of legal terminology)

    We are not very financially privileged people so we have been using the help public attorneys, is there any advice about the public legal system you might be able to offer that could help us in this? Not to be picky or critical of the public attorneys we have worked with, but I feel as though perhaps we have really receiving the bare minimum effort.

    And ultimately where should we go with this now?

    We are a little lost as we had built a case for removal for about a year now around the target that his biological father is too dangerous a person to have involved in his life and that complete separation would be best for his mental and physical health. He still remembers the events of his sexual assault Additionally, I have received help from some of my graduate cohorts in developing the argument that re-introduction could and most likely will lead to a reverse in the progress he has made these last several years away from his biological father and that continued separation and counseling will be necessary to prevent lifelong effects, but apparently, that argument was not sound enough and the judge has ruled - while in jail - his biological father has the right to video communication and upon release supervised visits - a ruling we are simply appalled by.

    Thank you for taking the time to read this I look forward to any help you may be able to offer.

    submitted by /u/hoplessfrogmantic
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    I was pulled over out of a cops jurisdiction

    Posted: 28 Dec 2020 10:14 PM PST

    So tonight I was pulled over buy a cop who at the time I didn't know if he was a cop when he was driving because he was aggressively speeding up behind me on a one lane highway so I began to speed up so I wouldn't make the driver mad and at that point I was going about 80 miles an hour and then the what came to be a sheriffs deputy pulled me over only asked for my license said I was going 95 and then threatened to take my license away(I am 16) then when he came back he told me to call my parents we talked to my parents then he said that he said that I could leave. Later I found out that he was outside of his jurisdiction when he pulled me over. Can he still give me a ticket after he told me to leave and also out side his jurisdiction.

    submitted by /u/Aholmes_19
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    Do I have a case??

    Posted: 28 Dec 2020 10:13 PM PST

    My soon to be ex husband had received the last stimulus check earlier this year he had not given me any of it and I been suffering being out of a job and what not and I was wondering if I have a case?

    submitted by /u/Darkangell_89
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    Escrow fell through, several breaches, but buyer insists that the home will close under his name? Threatening to sue if it doesn't.

    Posted: 28 Dec 2020 10:01 PM PST

    Hi r/legaladvice

    Just like the title says. Will try to keep it short. In NV if it matters.

    A home was in contract, as a cash purchase. There was a certain repair amount in the home. Let's say 1k for simplicity's sake. The home was being sold 100k under value, in excellent condition, sellers were simply motivated to sell. Several red flags from the buyer. Realtor is representing both parties.

    1: The sellers spent 5x the repair amount on this contract. Not the buyers fault, sellers were just being overly generous. This happens all the time.

    1.5 (Saying 1.5 because there is no proof. Just a "He said she said" scenario): Buyer is accused of bribing contractors to do additional work on the home, in expense to the sellers, who are paying for the repairs on the home.

    This is a big one. 2: The buyer, halfway into the escrow, started the mortgage loan process. The Realtor was not informed, nor were the sellers, until the day of closing. There is no correspondence of the buyer informing his Realtor that he started a mortgage loan.

    3: Purchase contract only goes until 12/28. Buyer signed his closing documents on 12/28, and insists the home will close under his name, and will press charges if it does not. The title company will not send the closing documents to the Recorders Office unless there is an addendum that states that the escrow is extended. Sellers will not agree to an extension with this buyer.

    Does this buyer have a case? I don't think he does. Looking for some input.

    Tldr; Offer and acceptance contract was breached twice. Once, with the purchase method of a home being changed unbeknownst to the Realtor, and Seller Second, buyer is attempting to close escrow and record title after the purchase agreement expires.

    submitted by /u/TheRandoQuestiooooon
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