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  1. 1 point
    To me that looks like a request, not a demand. At this point if the HOA doesn't take any positive action against the property owner (A) who wants the fence removed I'm not seeing any conflict of interests by the HOA's lawyer representing the other property owner (B). I don't see a conflict of interests looming even if A and B litigate as long as the HOA stays out of it. Is this the same situation that you wrote about last month? https://boards.answers.findlaw.com/topic/241490-fence-across-the-property-line/#comment-616915 There may not even be a conflict of interests if the HOA actively defended (B). In other words (A) isn't going to win any points by accusing (B)'s lawyer of having a conflict of interests. Out of curiosity I pulled up the Idaho Rules of Professional Conduct. The sections on Conflict of Interest begin on Page 15. Study up. https://isb.idaho.gov/wp-content/uploads/irpc.pdf
  2. 1 point
    No. As long as the HOA is not a party in the dispute, I don't see any problem with that.
  3. 1 point
    RetiredinVA

    Runaway from Private Boarding School

    Did your mother adopt you or get appointed as your guardian. There is an enormous difference. If your mother adopted you then she is your mother, not your guardian. Period. Hints do not end guardianship, only court orders create and end guardianships. You only qualify for emancipation if you are entirely self sufficient, that is, have employment sufficient to sustain yourself independent of funds from anyone else.
  4. 1 point
    Tax_Counsel

    Pre-Tax Transit Plan

    The benefits are discussed in IRS Publication 15-B starting at page 20.
  5. 1 point
    adjusterjack

    mileage issue

    Sell the car privately based on Craigslist or Auto Trader prices for a comparable car in your area with comparable odometer reading. You'd get screwed on a trade-in even if you didn't have that issue. Somebody buying a 14 year old vehicle with over 100,000 miles on it for a few thousand dollars isn't likely to make an issue of it.
  6. 1 point
    pg1067

    IR1 IV

    We can only guess, but the fact that you're asking the question indicates that you understand that your marriage may appear to anyone who reviews your application and conducts an interview to be a sham for the sole purpose of getting you into the U.S.
  7. 1 point
    pg1067

    Making Changes to CCRs

    I'm inclined to agree with the prior response, but it's impossible to know for sure without reading the CC&Rs.
  8. 1 point
    ElleMD

    Making Changes to CCRs

    Whether you re-write the whole thing or create an addendum is up to you. Same with who writes the first draft. This wouldn't be something the law would care about. I'm sure you can google any number of examples of other CCRs if you are looking for sample formats.
  9. 1 point
    A court can enter an order of default if the defendant does not answer the complaint or fails to appear at a required court hearing. An order of default is, in effect, a determination that the defendant is liable to the plaintiff. It does not finally establish how much the defendant owes to the plaintiff, however. Once an order of default has been issued, the plaintiff can then file papers to obtain a default judgment, which will be a determination of how much the defendant owes to the plaintiff. The paperwork that accompanied the order of default should indicate the deadline. If not, consult with a lawyer in New Jersey ASAP -- the times for moving to vacate orders of default can be short. In my home state, a defendant has 30 days after entry of an order of default to file a motion to vacate it. If the order of default is not vacated, the defendant can still fight the default judgment and challenge how much is owed. But the plaintiff can use a simplified procedure for this where the amount claimed is a definite amount (or is a readily calculable amount). From your description of the history of the dispute, it seems like that route would be available to the plaintiff in your matter.
  10. 1 point
    In order toanswer your questions we need to know exactly what is in the court's file. What is the difference between a default and a default judgment can only be answered by knowing exactly what the judge decided. You can file a complaint with the Office of Attorney Ethics at https://www.judiciary.state.nj.us/attorneys/oae.html
  11. 1 point
    adjusterjack

    RFE affidavit sample letter

    An affidavit is a notarized written statement of what somebody knows. Have your friends just write it up saying what they know about you and have them sign it in front of a notary. Here's a guide: https://www.visatutor.com/witness-affidavits-help-k-1-visa-cases-red-flags/ Here's a sample: http://www.visajourney.com/examples/USCIS_I751_Affidavit.doc Though I'm thinking something less formal (handwritten) might come across better.
  12. 1 point
    pg1067

    Fence across the property line

    Not entirely sure what this means. Any portion of the fence on your friend's property can be removed without legal issue. Anything on the property line or on the neighbor's property is obviously a different story.
  13. 1 point
    WhatzTheDeal

    Car dealer never discolosed car was in accident.

    Dealer's requirements to disclose prior damage does vary between states. In California, buyers have pretty good protection. However, general fair and correct business practices place the burden of disclosure of defects on the seller more than the buyer. Either the dealer knew and withheld information, or he should have known and failed to find defects in his inventory. I would highly recommend contacting an automotive lawyer for a consultation. You have nothing to lose. The general answer to your question is, YES, a licensed used car dealer MUST freely DISCLOSE PRIOR DAMAGE, and if he doesn't, you, as the buyer, are entitled to return the car for a complete refund of all money paid, including tax, DMV...everything. Dealers are required to disclose prior accident damage to buyers. They must find out whether their inventory truly has prior damage. They cannot rely or defend themselves from failure to disclose based on "clean" Vehicle History Reports, such as CARFAX. If the VHR says, "no damage reported," it doesn't mean the vehicle truly has no damage. "No damage reported" to vehicle history data providers merely means that no accident report or insurance claim was filed and thereby contained in the report. It is the dealer's professional duty to discover, FOR SURE, by human (in-person) professional inspection of the vehicle by a licensed mechanic or inspector. A safety inspection is NOT a prior damage inspection. It is NOT your job to ask if a vehicle has prior damage, rather, it is the dealer's job to tell you, period. Basically, the dealer must know and disclose prior damage because it is his job as a professional, and if he fails to discover AND disclose prior damage to the buyer, he is guilty of either FRAUDULENCE (if he knew, from info given to him when he purchased the inventory and withheld that info from the buyer) or NEGLIGENCE (if he didn't know and failed to discover, by having the vehicle inspected in-person). Those are the ONLY two possibilities. He either knew or should have known of his inventory's condition prior to resale to a consumer. NOTE: damage or repair requiring disclosure must be considered "Material Damage," which is 1) any damage/repair to the vehicle's frame or suspension, 2) any accident damage/repair whose repair cost exceeded a certain percentage of the vehicle's value. Not every little fender-bender or cosmetic repair is material. In California, we have the CLRA law, CALIFORNIA CIVIL CODE SECTION 1750 Consumers Legal Remedies Act, which outlines numerous requirements for sellers of various goods. Basically, if a seller fails to represent merchandise as it actually is, he has violated this broadly defined law. I suggest you search online and contact an automotive lawyer who handles "prior damage" cases. Many of these attorneys will take your case on a "contingency basis" so you don't pay anything unless he wins. You have nothing to lose by checking this out. Good luck.
  14. 1 point
    WhatzTheDeal

    Car dealer never discolosed car was in accident.

    The general answer to your question is, YES, a licensed used car dealer MUST freely DISCLOSE PRIOR DAMAGE, and if he doesn't, you, as the buyer, are entitled to return the car for a complete refund of all money paid, including tax, DMV...everything. Dealers are required to disclose prior accident damage to buyers. They must find out whether their inventory truly has prior damage. They cannot rely or defend themselves from failure to disclose based on "clean" Vehicle History Reports, such as CARFAX. If the VHR says, "no damage reported," it doesn't mean the vehicle truly has no damage. "No damage reported" to vehicle history data providers merely means that no accident report or insurance claim was filed and thereby contained in the report. It is the dealer's professional duty to discover, FOR SURE, by human (in-person) professional inspection of the vehicle by a licensed mechanic or inspector. A safety inspection is NOT a prior damage inspection. It is NOT your job to ask if a vehicle has prior damage, rather, it is the dealer's job to tell you, period. Basically, the dealer must know and disclose prior damage because it is his job as a professional, and if he fails to discover AND disclose prior damage to the buyer, he is guilty of either FRAUDULENCE (if he knew, from info given to him when he purchased the inventory and withheld that info from the buyer) or NEGLIGENCE (if he didn't know and failed to discover, by having the vehicle inspected in-person). Those are the ONLY two possibilities. He either knew or should have known of his inventory's condition prior to resale to a consumer. NOTE: damage or repair requiring disclosure must be considered "Material Damage," which is 1) any damage/repair to the vehicle's frame or suspension, 2) any accident damage/repair whose repair cost exceeded a certain percentage of the vehicle's value. Not every little fender-bender or cosmetic repair is material. In California, we have the CLRA law, CALIFORNIA CIVIL CODE SECTION 1750 Consumers Legal Remedies Act, which outlines numerous requirements for sellers of various goods. Basically, if a seller fails to represent merchandise as it actually is, he has violated this broadly defined law. I suggest you search online and contact an automotive lawyer who handles "prior damage" cases. Many of these attorneys will take your case on a "contingency basis" so you don't pay anything unless he wins. You have nothing to lose by checking this out. Good luck.
  15. 1 point
    dudeinaroom

    Right to "travel" without a licence on hwy

    All motor vehicle codes apply to person. All of them refer to the act of person, driver, driving, operating, operators. etc which in their scope are all acts of commerse. None of them adress human beings, private automobiles of traveling, which is what a private human does in the ordinary course of life all others are extroniary and are outside the normal activites of a private human being. All statues apply to persons. A human being is not a person..... The word "person" in legal terminology is perceived as a general word which normally includes in its scope a variety of entities other than human beings. See e.g. 1 U.S.C. sec 1. Church of Scientology v. U.S. Dept. of Justice (1979) 612F.2d 417, 425. As is also support by some law dictionaries. Newer law dictionaries have had some of this information removed from them to hide the facts. So I ask you, how do statues that apply to persons apply to flesh and blood human beings?
  16. 1 point
    sovereighn

    Right to "travel" without a licence on hwy

    its a fact that you do have a right to drive without a license, its also a fact that statutes will be used against you in an unfair way. you will be persecuted if you try to avoid them, but it does not change the fact that you are a sovereign individual.
  17. -1 points
    pg1067

    Car dealer never discolosed car was in accident.

    As phrased, this is wrong because it isn't limited by the amount of damage and doesn't take into account the dealer's knowledge or lack of knowledge regarding the damage. No state has a law that requires a dealer to disclose prior damage to a used car, regardless of the extent of the damage. Do you have any citation that supports this claim? Again, do you have a citation to support this? Wrong. Let the buyer beware. This is an accurate description of the CLRA. However, nowhere does the CLRA say anything about used cars. Moreover, the OP didn't identify his/her state, so it's not clear why you felt the need to discuss California law in the first place. Wrong. The CLRA is concerned with affirmative representations that are false or misleading. It is not concerned with failure to disclose. The only affirmative disclosure requirement is in a situation in which the seller "[a]dvertis[es] goods or services with intent not to supply reasonably expectable demand, unless the advertisement discloses a limitation of quantity." CC 1770(a)(10).