• General Questions

    How do we work?
    COMMERCIAL & GOVERNMENT TRANSACTIONS
    Brian Poe & Associates, Attorneys, PC assists small businesses and government entities providing counsel and attorneys services, including attorney escrow and paymaster services, business law, entertainment law, real estate law, legal and business consulting, commercial real estate closings, loan default mitigation, dispute resolution and complex problem-solving.
    What do real estate attorney do?

    A real estate attorney is equipped to prepare and review documents relating to real estate such as purchase agreements, mortgage documents, title documents and transfer documents. … In most cases, the real estate attorney provides legal guidance for individuals relating to the purchase or sale of real property.

    Is a real estate attorney necessary?

    For the most part, a real estate agent’s help is not legally required, though agents can help you with tasks that border on legal ones, such as preparing a home purchase contract. In some states, however, only a lawyer is allowed to prepare the home purchase documents, perform a title search, and close the deal.

  • Law and The Courts

    What is the role of witness in court?

    A witness plays an important role in a court proceeding, providing valuable information about the matters under consideration. If you are subpoenaed as a witness in a trial‚ it is your duty to appear and testify. The lawyer who asks you to come to court can provide you with more specific information about your court appearance.

    What if I do not know a lawyer?

    Your right to legal counsel if you are arrested is a fundamental one in our country. You may retain a private attorney‚ or‚ if you cannot afford to do so‚ you should immediately contact the public defender’s office to represent you. Diacara will help you to know the lawyer that right for your cases.

    Do I have to submit to a search?

    A police officer‚ following a lawful arrest‚ has a right to search a person‚ including your automobile if you are arrested in it. You may not resist the search. However‚ you are not required to consent to any search‚ and if you do consent to the search‚ you may be waiving valuable constitutional rights.

  • Law and The Consumer

    What protection is there against a fraudulent seller in a credit card transaction?

    The Truth-in-Lending Act permits a credit card holder to avoid paying for fraudulent charges in certain situations. To obtain this protection‚ a cardholder must save the relevant billing statements and must notify the card issuer within 60 days after receiving the billing statement.

    Can I get out of a contract?

    In some cases‚ yes. Certain types of consumer sales contracts must have provisions allowing you to cancel within a specified period of time. If a contract is not legally executed‚ it may be possible to have it invalidated. Some circumstances that may lead to the cancellation of a contract include fraud‚ misrepresentation‚ or coercion.
    Simply changing your mind or deciding you cannot afford that for which you contracted however‚ is generally not a sufficient reason to release you from a contract. If you break a valid contract‚ the other party may be able to sue you and be awarded damages.

    What is a contract?

    A contract is a legally binding agreement in which property‚ goods or services are provided in exchange for something of value‚ such as money. Some common types of contracts into which an individual might enter include:

    • A purchase agreement for a home;
    • A sales contract or “installment purchase plan” for an automobile‚ appliance‚ or other major purchase‚ including catalogue purchases;
    • A lease;
    • Door-to-door sales agreements;
    • An authorization to perform home repairs or services;
    • A mortgage or personal loan;
    • An employment contract.

    Contracts are not always written agreements. A verbal agreement may be an enforceable contract. A simple promise, however, is not usually a contract. Many of our day-to-day transactions actually involve a contractual relationship. Certain contracts may be required to be in writing. For example, contracts for the sale of real estate are usually required to be in writing.
    Contracts are usually legally binding. Be sure you understand exactly to what you are agreeing. If you have questions, see your lawyer before you sign. If you agree to something which is not in your interest, an attorney may not be able to undo the damage.