Question: I have a consulting business that I operate out of my home but it’s not as if I ‘m running a retail business out of my home. Am I in danger of violating any deed restrictions or having the home owners’ association come after me?
Answer: The answer depends on what the deed restrictions in your particular subdivision say and how aggressive your home owners’ association is. Generally speaking a home office is not going to raise the ire of anyone (including the courts) as long as the business activity is not visible. By not visible I mean your house is not open to customers, clients, or the general public, you don’t advertise your business with your house as the location, employees don’t report to work at your house, you don’t have any signage, and you are not constantly receiving deliveries from carriers.
Question: My kids are frequently getting invited to birthday parties at these indoor jumping places and none of them will let you inside until you’ve signed their waiver of liability form. Can they do this?
Answer: Yes they can, but here’s a little secret: those forms are unenforceable to the extent they seek to have an adult waive a child’s right to sue for injuries.
Question: I recently took my truck to a repair shop who charged me for roughly $800 worth of repairs. Two days after I got my truck back (and paid for the repairs with a credit card), I noticed that the shop did not do all the repairs they charged me for. I have since successfully stopped payment on the charge with the credit card company and now the repair shop is calling me and threatening to repossess my truck. Can they do that?
Answer: The repair shop can only repossess your truck if you signed a contract with the shop that provides, in a conspicuous manner, for repossession. Otherwise, the repair shop cannot repossess. If you did sign such a contract, the shop cannot “breach the peace” when repossessing your truck.
The information in this article is not intended as legal advice but is instead intended to provide a general understanding of the law. Readers with legal problems, including those whose issues are addressed here, should consult an attorney of their choosing for advice on their particular circumstances. Geoff Sansom is an attorney with Levin & Atwood, L.L.P. He has a general practice focusing on probate and litigation. Geoff can be reached via phone at 281-579-6044 or 713-392-0914 or by email gsansom@levinandatwood.com
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