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Questions and Professional Answers

Questions and Professional Answers

  • Non-Disclosure Agreement

    I will be meeting with a manufacturing company to discuss a new line of snacks. I will be disclosing information, if I use a Non-Disclosure Agreement form without been filed or notarized will it hold up in court. If so which form should I use; Mutual Non-Disclosure, Long Form Non-Disclosure or Short Form Non-Disclosure, thank you very much .

    • Re: Non-Disclosure Agreement

      Unless you have an attorney fine tune your contract, you're taking a risk anyway. But presumable the short form is more concise than the long form. If they are giving you any information, then you need it to be mutual. If it is signed and they don't deny they signed it, then you don't need a notary.

      David W. Nance
      DWNance.com founding member of NanceGroup.com
      5700 Magazine Street
      New Orleans, LA 70115

  • Disclosure or Non Disclosure Form?

    I've designed a pillow that has items sewn on it for entertainment that could be replaced with other items. My question is do I need a Disclosure or Non-Disclosure form, so the manufacturer can not legally release information about the pillow.

    • Re: Disclosure or Non Disclosure Form?

      Sounds like you would want a non-disclosure form.

      David W. Nance
      DWNance.com founding member of NanceGroup.com
      5700 Magazine Street
      New Orleans, LA 70115

  • non-disclosure

    does a non-disclosure have to be notarized? My boss made me sing a non-disclosure for the company and said that if i leave that i can not work for a similar company for 5years or open my own company.What do you think?Help

    • Re: non-disclosure

      Non-disclosure agreements are contracts between you and the other party. As such, there is the possibility that it may be deemed as no good. For this to occur, you will need the assistance of an attorney. Please feel free to contact my assistant, Mr. Ed Smith (Edward@dmillerlaw.com).

      Jeffrey Brashear
      The Brashear Law Firm, PLLC
      16225 Park Ten Place
      Houston, TX 77084

    • Re: non-disclosure

      It does not have to be notarized. But a 5 years non-compete won't necessarily be enforceable. You will need to consult with an attorney for a legal opinion if you want to try to avoid this contract. I can review it for you, if you wish.

      David W. Nance
      DWNance.com founding member of NanceGroup.com
      5700 Magazine Street
      New Orleans, LA 70115

    • Re: non-disclosure

      It may not be binding. Come see me.

      Bruce Turner
      Bennett, Weston, & LaJone, P.C.
      1750 Valley View Lane Suite 120
      Dallas, TX 75234

  • Non-Disclosure

    My question is I have a non-disclosure for a deffered adjudication-probation I had on my record back in 2005. Im applying for jobs at fire departments and I wanted to know are fire department able to bypass the non-disclosure and get to that information on my record.

    • Re: Non-Disclosure

      Section 411.081 provides several exceptions, particularly related to criminal justice and law enforcement agencies. Additionally, there are 24 specific agencies:(1) the State Board for Educator Certification; (2) a school district, charter school, private school, regional education service center, commercial transportation company, or education shared service arrangement; (3) the Texas Medical Board; (4) the Texas School for the Blind and Visually Impaired; (5) the Board of Law Examiners; (6) the State Bar of Texas; (7) a district court regarding a petition for name change under Subchapter B, Chapter 45, Family Code; (8) the Texas School for the Deaf; (9) the Department of Family and Protective Services; (10) the Texas Youth Commission; (11) the Department of Assistive and Rehabilitative Services; (12) the Department of State Health Services, a local mental health service, a local mental retardation authority, or a community center providing services to persons with mental illness or retardation; (13) the Texas Private Security Board; (14) a municipal or volunteer fire department; (15) the Texas Board of Nursing; (16) a safe house providing shelter to children in harmful situations; (17) a public or nonprofit hospital or hospital district; (18) the Texas Juvenile Probation Commission; (19) the securities commissioner, the banking commissioner, the savings and mortgage lending commissioner, or the credit union commissioner; (20) the Texas State Board of Public Accountancy; (21) the Texas Department of Licensing and Regulation; (22) the Health and Human Services Commission; (23) the Department of Aging and Disability Services; and (24) the Texas Education Agency.

      Theresa Langford
      Langford Law Firm
      PO Box 866354
      Plano, TX 75086-6354

  • non-disclosure/confidentiality agreements

    Looking to find a non-disclosure form that would legally protect a business transaction overseas. Was wondering if the parties involved are in the U.S. and overseas, if there is any legal protection available with a non-disclosure/confidentiality agreement.

    • Re: non-disclosure/confidentiality agreements

      you can include this language in your contract, but whether or not it is can be upheld could depend on the choice of law clause in the contract, which determines what country' laws would be applicable if a dispute over the contract arose. if you choose USA as the forum, the confidentiality language should be fine. if you need a sample paragraph, please let me know and i'll email you something. thanks.

      Audra Arndt
      Audra A. Arndt & Associates, PLLC
      6689 Orchard Lake Road #284
      West Bloomfield, MI 48322

  • non-disclosure petition

    After completeing deferred judification probation, how long would it take for one to be eligable to apply for a non-disclosure petition? And if approved, how long would it take for the non-disclosure to take effect.My main concern being sealing these records from employers...

    • Re: non-disclosure petition

      It depends upon the classification of the charge. In most cases where you are eligible, and complete the probation, it is immediately for a Class C, one year for a misdemeanor, and five years for a felony.

      Theresa Langford
      Langford Law Firm
      PO Box 866354
      Plano, TX 75086-6354

  • Real Estate Disclosure..what if no form was given to buyer?

    It looks like we may not have ever received a real estate disclosure form for the purcahse of our house. In addition to our having never rec'd the disclosure statement, it appears (but yet to be full determiend) that the broker may not have ever prepared one for the seller. As it turns out,our house is now having quite a few problems that will cost us thousands of dollars to repair. What kind of legal recourse do I have since the repairs to be done relate directly to the disclosure form? What liability do the broker and the seller have for the damage we are incurring?

    • Re: Real Estate Disclosure..what if no form was given to buyer?

      The answer to your question does not depend totally upon the Real Estate Settlement Procedures Act. It also depends on the year your contract closed and the terms of your real estate contract. Statutes of limitation may apply and also you may be barred from certain causes of actions under the doctrine of merger.It is difficult to speculate without all the facts. In general, however, you are entitled to the RESPA HUD-1 at closing and you may be entitled to at least nominal damages plus attorneys fees if you did not get one. Your claim would be against the closing agent. Most closing agents insist on your signing the HUD-1 and I'm sure your lender would as well as a condition of disbursing your mortgage.Further information is required to evaluate your case.

      David Leibowitz
      Leibowitz Law Center
      420 W. Clayton Street
      Waukegan, IL 60085-4216

    • Re: Real Estate Disclosure..what if no form was given to buyer?

      There are many different possibilities. Because the seller never gave you the disclosure form, he broke the law. You only have one year from the date of occupation/recording of deed to go after him. However, there are many other issues you can raise also such as fraud, misrepresentation, etc. You need to see an attorney and ascertain for sure what your legal remedies are.

      Mary McDonagh
      McDonagh-Faherty Law Offices
      3310 North Harlem Avenue, Ste. 101
      Chicago, IL 60634

  • disclosure statement

    HOW Long do a person have to sue on disclosure statement. I sold a home in 2001 the owner say after they started to use to plumbing the system started to backup in the house. I stayed in the house for 9 years with no problem like this.They are sueing because on the disclosure I check that I never had a backup. Need some advice an do I need to hire a attorney.

    • Re: disclosure statement

      If you have been sued, the most prudent course of action is to hire an attorney immediately (and well in advance of any deadlines). It is too risky to not do so, even if you believe the case has no merit.

      Scott Riddle
      Scott B. Riddle, Attorney
      Suite 3250 One Atlantic Center, 1201 West Peachtree St., NW
      Atlanta, GA 30309

    • Re: disclosure statement

      If your disclosure statement that you no backup was truthful, you should have no problem. However, due to the potential damages and, more importantly, because you apparently have already been sued, you should consult with a local attorney ASAP. Note: DO NOT LET THE 30 DAYS STATED IN THE SUMMONS GO BY WITHOUT FILING AN ANSWER TO THE LAWSUIT.

      Charles W. Field
      Charles W. Field, Attorney at Law
      911 Duluth Hwy., Ste. D-3211
      Lawrenceville (north Atlanta), GA 30043

  • Disclosure 410 law

    How does one obtain a lawyer to help prove that perjury was committed on the 410 income disclosure form?

    • Re: Disclosure 410 law

      I don't mean to be facetious, but this requires hiring and paying the lawyer. The perjury should be relevant and truly significant in its effect on the financial aspects of the divorce. If it is, the divorce should be re-opened. The criminal system rarely takes note of "small change" perjury, whether or not it should.

      Gregory Lee
      Gregory P. Lee, Attorney at Law
      1 Center Plaza
      Boston, MA 02108

  • disclosure of will

    Is there a time lin regarding when heirs named in a will are allowed to have a copy of the will? Is the executor reponsible for the disclosure?

    • Re: disclosure of will

      Under NJ law, 'Notice of Probate' together with a copy of the Will, must be sent to all beneficiaries named in the will and to all intestate heirs, within 60 days of the Will being probated.

      Jonathan Chester
      Lindabury, McCormick, Estabrook & Cooper, P.C.
      480 Morris Avenue
      Summit, NJ 07901

    • Re: disclosure of will

      A will has no legal effect until it is proved up in probate. Once it is filed in a probate proceeding, everyone interested in the estate is required to be given notice of the probate proceeding and all papers in the probate file are public record and available,including the will. One of the purposes of probate of a will is to determine if the will is valid. It is also to appoint a personal representative of the estate, called an executor if there is a will, otherwise an administrator if there is no will, who will marshall the estate assets and go through the process of distribution of the estate with, of course, court supervision and approval.

      Mitchell Roth
      MW Roth, Professional Law Corporation
      13245 Riverside Dr. Suite 320
      Sherman Oaks, CA 91423