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JesustheDarkLord posted:I think you're looking at it backwards. This sounds in principle more like buying something on sale at Target and then returning it to WalMart at full price. Ah, yes, I see that now. We call that theft. It can be a misdemeanor or felony depending on how much you exchange.
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Dec 19, 2011 17:59
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It's funny there was a thread about almost this exact situation not too long ago. It was posted by the girlfriend of the guy returning the stuff. He and his friend who worked at a hardware type store were returning cabinets and such that they ripped out of abandon buildings. Anyway the upshot was, if you believe e/n threads, the friend lost his job and both he and the bf were facing jail time. Obviously an e/n thread isn't anything in the way of legal advice  but it does seem like a pretty bad idea!
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Dec 19, 2011 18:50
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Hey guys my house is only worth 100,000, but it is insured for over 200,000. What if I burn it down and then try and collect insurance on it? I could rebuild the house and turn a tidy profit of 100,000. Do you think that is a good idea and would there be any legal ramifications?
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Dec 19, 2011 18:52
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euphronius posted:Hey guys my house is only worth 100,000, but it is insured for over 200,000. What if I burn it down and then try and collect insurance on it? I could rebuild the house and turn a tidy profit of 100,000. Do you think that is a good idea and would there be any legal ramifications? it is a great idea and there are no legal ramifications so long as you request payment from the insurance company in the form of 1948 krugerrands.
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Dec 19, 2011 19:04
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Thank you for the advice. It sounds like a shade of grey I don't feel comfortable with.
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Dec 19, 2011 19:05
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Vigo posted:Thank you for the advice. It sounds like a shade of grey I don't feel comfortable with. Well, it really depends on your eye and hair color. Just don't mix any shade of grey with brown, that's awful. As a lawyer, I am authorized to give you fashion advice.
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Dec 19, 2011 19:14
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nm posted:Ah, yes, I see that now. We call that theft. It can be a misdemeanor or felony depending on how much you exchange. In that same vein, how about this scenario: Someone purchases an item from a 3rd party (eBay, Craigslist, or otherwise) that is only sold at a certain store. The packaging is still intact and the item is unopened. The individual returns the item to the certain store for store credit/refund. Is there anything wrong with that? Additionaly, say that the store has a policy that only the original purchaser can return the item. What would be the implications of returning the item under false pretenses? (eg: lying and saying you bought it in cash, lost receipt, etc.)?
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Dec 19, 2011 20:07
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If you are making an intentional, material misrepresentation that is probably bad.
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Dec 19, 2011 20:16
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euphronius posted:Hey guys my house is only worth 100,000, but it is insured for over 200,000. What if I burn it down and then try and collect insurance on it? I could rebuild the house and turn a tidy profit of 100,000. Do you think that is a good idea and would there be any legal ramifications? How did you get a policy for $200,000? If you did it without misrepresentation, and you didn't burn the house down, you're ok if it agreed value. This kind of thing does happen. Someone has something properly appraised at a value, it loses value but the owner keeps paying the proper insurance. Baring any legalese in the contract, you get the insured amount. Note that there will be language in the contract that would allow insurance to fix the damage rather than declare a total loss, and at 50% of the insured value to fix, that may kick in. I've had this happen with an agreed value policy on a car. Even the insurance company knew they were getting hosed, paying 3-5k over fair market, but I got my check. But that car was hosed. Had the damage been just over the total line with fair market, they would have still fixed it because the amount needed to total would be based on my insured value.
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Dec 19, 2011 20:23
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nm posted:How did you get a policy for $200,000? If you did it without misrepresentation, and you didn't burn the house down, you're ok if it agreed value. This is also just standard practice in the shipping industry. Because when your ship sinks you will need a new one and it will cost more than your old one.
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Dec 19, 2011 20:36
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nm posted:How did you get a policy for $200,000? I was not being serious.
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Dec 19, 2011 20:52
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euphronius posted:I was not being serious. I realize that, I was just noting if obtained by fraud things would be different.
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Dec 19, 2011 21:35
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nm posted:How did you get a policy for $200,000? If you did it without misrepresentation, and you didn't burn the house down, you're ok if it agreed value. I'd imagine there's tons of houses like that right now.
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Dec 19, 2011 21:59
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Answers forthcomingDiplomaticus posted:The question is, if you read through the lease, does it say anything about holding you guys jointly and severally liable? No. Choadmaster posted:You didn't say if you and your roommates were all on one lease, or if you had separate arrangements with the landlord (though the implication of your latest post is the former). I have no advice for you and IANAL but that seems like it would be pertinent info. We are all most definitely on one poorly written lease. Incredulous Red posted:I bet he's trying to avoid a claim on his homeowner's insurance. He got fed up and put in a claim on his homeowner's. Now we're only up the river for a grand, so far, but he's pissed and unlikely to be nice when it comes to assessment. Incredulous Red posted:What does your lease say about damage to the property? That he will handle it, oddly enough. Nothing about who will pay.
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Dec 21, 2011 05:29
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Plastik posted:
Well, without looking at the lease, and keeping in mind IANAL and specifically not your lawyer, I think you're good as far as liability is concerned, but your roommate might be screwed.
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Dec 21, 2011 05:35
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Incredulous Red posted:Well, without looking at the lease, and keeping in mind IANAL and specifically not your lawyer, I think you're good as far as liability is concerned, but your roommate might be screwed. That's pretty much what I was getting from it. An unfortunate situation to be sure, and I really desperately hope her car insurance or the manufacturer come through in a big way on this.
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Dec 22, 2011 07:24
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Sorry for posting twice in the past two weeks (I probably seem like a trainwreck), but... To make a very long story short, in September of this year, my friend's little brother (16 at the time) stole my car while I was over their house. He got arrested for open container and has been attending probation and anger management and stuff. A few weeks ago, friend told me that I needed proof of insurance in order to show that the car was insured, so I handed over a paper copy of my insurance card. This should be sufficient proof of insurance, but they apparently got a letter in the mail stating that they needed an "insurance declaration". I don't understand and am reluctant to just hand over a copy of something like that. Why would this be? My rates aren't about to go up, are they? My friend's mother was told that there wouldn't be a traffic violation against me or any charges, but I am still concerned about the insurance. Captain Mog fucked around with this message at 17:42 on Dec 22, 2011 |
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Dec 22, 2011 17:40
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I wouldn't hand over anything until the mystery party was contacting me about it, if I was the one with insurance. There's no reason they should be going to friends of yours to get that info.
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Dec 22, 2011 19:39
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Wait, why do they need proof the car was insured. If he stole the car, it wasn't insured while he drove it, so the fact that it was otherwise covered wouldn't matter. We'd need some context, for example, was he charged with stealing the car, did he have an accident, did you tell anyone (aka cops) it was stolen, etc
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Dec 22, 2011 20:04
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nm posted:Wait, why do they need proof the car was insured. Check the question mark under his name. quote:To make a long story short, my best friend's little brother (16) took my car today while we were in the movie theater. I handed him the keys because my friend forgot her phone in the car and told him to go get it.
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Dec 22, 2011 20:20
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Alchenar posted:Check the question mark under his name. Yeah, this. I haven't heard anything about it since. He accepted a plea bargain that reduced the charges to just failure to show a license, he got probation/anger management, and that's all I know. I am just worried they will contact the insurance and raise our rates. I furnished the insurance card which the courts needed "for their records". I just don't understand why they need a declaration. Can't they contact the insurance company for something like that? Really, it's ridiculous, as the card clearly says that I am insured until January 2012 WITH the insurance provider and number on the top. Friend's mom isn't the brightest bulb in the shack. I asked to see the letter myself because I think she is confused about something and the court is really requesting HIS insurance. Captain Mog fucked around with this message at 20:29 on Dec 22, 2011 |
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Dec 22, 2011 20:26
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SlenderWhore posted:Yeah, this. I haven't heard anything about it since. He accepted a plea bargain that reduced the charges to just failure to show a license, he got probation/anger management, and that's all I know. I am just worried they will contact the insurance and raise our rates. I furnished the insurance card. I don't understand why they need this. Don't help out the guy who stole your car.
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Dec 22, 2011 20:28
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Is the court contacting you or someone else? It is likely he was charged with driving without insurance and as he wasn't charge with vehicle theft, the court assumes he had permission to drive it. And if you let someone drive your car without insurance, you could be charged or your registration or even licence could be suspended. This is why when some jackass steals your car you go full nuclear. Even if he is a brother of a friend. If the court wants your insurance it is probably for the above. Just call your insurance and say you need to prove you were insured on x day and they'll send you a letter. They will assume you were cited and didn't have your card on you, no biggie. If the guy damaged anything though, you need to go into cya mode and talk to your insurance company and explain the car was stolen.
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Dec 22, 2011 20:39
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nm posted:Is the court contacting you or someone else? We have police statements clearly saying I did not give him permission and that he took the keys without my saying he could. The officer told me I would not be in trouble nor charged with anything in anyway. I was not cited. I didn't even file a police report, though they took statements. He damaged nothing. I am insured. So is he, obviously, since his parents are insured and he would be covered under their plan. He showed neither his license nor his insurance card. He pretty much took off in my car without anything else. The court contacted my friend's mother. They said there was no traffic violation, they simply need proof the car was insured. She said her insurance would take care of everything. I would think if it had to do with me, I would have been contacted. Sorry if I'm not making very much sense and thank you all for your help. This was a HUGE stress on my life at the time and I feel as if it's happening all over again. Captain Mog fucked around with this message at 21:04 on Dec 22, 2011 |
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Dec 22, 2011 20:43
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SlenderWhore posted:The court contacted my friend's mother. They said there was no traffic violation, they simply need proof the car was insured. She said her insurance would take care of everything. I would think if it had to do with me, I would have been contacted. It seems likely to me that her insurance wants to enter the claim against your insurance and is asking her for your information.
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Dec 22, 2011 21:07
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baquerd posted:It seems likely to me that her insurance wants to enter the claim against your insurance and is asking her for your information. And not filing a police report doesn't help any.
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Dec 22, 2011 21:53
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SlenderWhore posted:We have police statements clearly saying I did not give him permission and that he took the keys without my saying he could. I thought you handed him the keys?
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Dec 22, 2011 22:02
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SlenderWhore posted:We have police statements clearly saying I did not give him permission and that he took the keys without my saying he could. The officer told me I would not be in trouble nor charged with anything in anyway. I was not cited. I didn't even file a police report, though they took statements. He damaged nothing. I am insured. So is he, obviously, since his parents are insured and he would be covered under their plan. He showed neither his license nor his insurance card. He pretty much took off in my car without anything else. Don't help the guy who stole your car. If they subpoena your insurance information, give it to them. Otherwise, keep your damned head down.
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Dec 23, 2011 01:10
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Why would his parent's insurance cover him for your car?
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Dec 23, 2011 01:13
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I purchased a car in Illinois and moved to Texas. Two questions - first when I went to register the car they asked me if I wanted to apply for a Texas title (I own the car free and clear and have an Illinois title). Is there a purpose for doing this? I was just under the impression that the title was solely for the purposes of showing ownership - do I need to get the car titled here? I'm not planning on re-selling it or anything. Secondly, after I registered if I received Texas license plates. A look at Illinois law shows that I am not required to surrender my old plates, but recommended to either destroy or recycle them. I was planning on just defacing them with a Sharpie and getting rid of them (also recommended online), but my husband thinks this is a bad idea in case they were retrieved from the garbage and used by someone else. Is there any liability (or potential for wasting time/money) if someone took them? I'd rather just pitch them but he wants me to store them. Not a huge deal either way, I just hate clutter and would rather be rid of them.
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Dec 23, 2011 01:55
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baquerd posted:It seems likely to me that her insurance wants to enter the claim against your insurance and is asking her for your information. I handled it today and it seems like it was just a record keeping thing in case there are any legal issues. Since there were no traffic violations on my car, there isn't a problem. She specifically asked the agent if my insurance would be contacted and if a claim would be filed & he told her "no", so I am going to have to take them at their word. What would they claim? What would the claim be? He was insured and licensed. There was no damage done to either party, vehicular or otherwise. He was caught in a parking lot with some friends being stupid rear end in a top hat teenagers and is now being punished for it. Captain Mog fucked around with this message at 06:22 on Dec 23, 2011 |
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Dec 23, 2011 04:21
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I have a friend in CA that wants to file for divorce. Her situation: Resident Alien. Married a guy but it didn't work out. She is not yet a citizen. She wants to put through the divorce in part because she wants to open a business without him being liable at all. I've seen websites that have do it yourself kits. I am wondering if this will work for her or if there is anything special she needs to know. Thanks for any information.
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Dec 23, 2011 08:02
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If there are assets, she should know a family law attorney.
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Dec 23, 2011 08:08
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nm posted:If there are assets, she should know a family law attorney. No assets. They live apart. It should be amiable. Well, he has assets but she's not going to dick him over.
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Dec 23, 2011 08:24
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Waltzing Along posted:I have a friend in CA that wants to file for divorce. DIY divorce kits are a bad idea in general, but this definitely is not the answer for your friend. Her resident alien status might make this a lot more complicated. She should consider consulting both a family law attorney *and* an immigration law attorney.
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Dec 23, 2011 09:49
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In Ontario Canada, I live in a condominium apartment complex and just recently the Corp running the building sent out letters saying the building and Corp were in great shape, condo fees weren't increasing, and that things are great! We had decided to move months ago as we live in a single bedroom with a baby and a dog. After months of viewings we finally received an acceptable offer and were very excited. Conditional closing date comes to a close today and we find out through the status certificate that the condo Corp has taken out recently massive loans against our building such that no lawyer reviewing the certificate would find it acceptable risk wise for their client. Is there any civil recourse we can take against the Corp for basically making our property worthless?
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Dec 23, 2011 16:38
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Tojai posted:Secondly, after I registered if I received Texas license plates. A look at Illinois law shows that I am not required to surrender my old plates, but recommended to either destroy or recycle them. I was planning on just defacing them with a Sharpie and getting rid of them (also recommended online), but my husband thinks this is a bad idea in case they were retrieved from the garbage and used by someone else. Is there any liability (or potential for wasting time/money) if someone took them? I'd rather just pitch them but he wants me to store them. Not a huge deal either way, I just hate clutter and would rather be rid of them. No offense, but they're flimsy pieces of aluminum and in the time it took you to type out that paragraph, you could have satisfied your paranoid husband by irrecoverably mangling the gently caress out of them with the back of a hammer or something.
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Dec 23, 2011 18:18
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Waltzing Along posted:I have a friend in CA that wants to file for divorce. Is she a permanent resident or a conditional resident?
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Dec 23, 2011 20:11
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Robo Olga posted:Is she a permanent resident or a conditional resident? Hm...I think she is a permanent resident. Her card is good for 7 years or something like that.
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Dec 24, 2011 04:29
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I want to construct a commercial recipe database (in Canada). The following are my questions: i. Is it legal to use the recipes of others without acknowledgement? I would be using the ingredients and directions (and not any background story, introduction, etc.) ii. Assuming (i), is it legal to scrape recipe information from existing websites and use it without acknowledgement?
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Dec 26, 2011 11:10
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