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Jessica
Consultant
Debra, Expert
Hello: My name is***** I have been a licensed and practicing attorney for almost 30 years, I have a 99.5% customer satisfaction rating on Just Answer (“JA”), and I would like to work on answering your question today.
If that’s OK, I’ll take a few moments to review your question more thoroughly to give you the most accurate answer I can. I'm sure you’re aware of the terms and conditions of use of the JA site, but it bears repeating for both you and me. I am providing information in response to your question, and my goal is a 5-star rating once we conclude. With this chat, or a telephone call should you and I think it is appropriate, I am NOT providing legal advice and we are NOT establishing an attorney-client relationship. This is not meant to sound harsh. Rather, it is simply an accurate description of what we are doing today.
During our session, a pop-up may appear asking you whether you want to upgrade to “Premium Service,” including a telephone call. I do not control the pop-up although we can agree to upgrade to a call during the session and I can offer .a Premium Service to you.
Debra, Expert
I have a couple of initial questions the answers to which I think will help me better answer your's today:
1. Where is the cabin located?
2. Who holds title on the cabin?
3. What is the nature of the contract your mom sent you?
Debra, Expert
In which U.S. state is the cabin located?
Debra, Expert
I'm in the U.S. I'm going to opt out so you can talk to a Canadian lawyer.
Debra, Expert
Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.
Debra, Expert
I am sorry to hear of this difficult situation.
What was the verbal agreement about in terms of your rights to the cabin?
Debra, Expert
Your mother cannot just kick you out with nothing. She would be unjustly enriched to your detriment. I don't see any court allowing this.
I think you have strong grounds to fight her. I don't know if you would get the right to remain on the property but she will have to compensate you fairly.
Your best next step is to retain a lawyer and threaten to sue.
What you can do to find a lawyer is one of the following things.
You can contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $25.
The number is:
***-***-**** or 1.***-***-****.
Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.
Here's the link to their website:
http://www.lexpert.ca/directory/find-lawyers-or-law-firms/
Does that help as a starting point?
Debra, Expert
But she cannot force you out so don't move out until things are straightened out.
What you can do is pay a lawyer to send her a letter threatening a lawsuit. She is a real bully and usually bullies are afraid of lawsuits.
Debra, Expert
Thank you for trusting us to help you here at JustAnswer. If you have any follow-up questions, or need clarity on anything we went over today, please feel free to let me know-I am happy to help!
Debra, Expert
But you can't sign because it's not fair. I think you should tell her that you're going to be getting independent legal advice and that you or your lawyer will get back to her.
Debra, Expert
I don't think you can trust her
I think you need a short consultation with a lawyer who has to read the document first.
Debra, Expert
You will have to pay a lawyer if you want them to review the document.
Debra, Expert
The $25 will be for a talk.
Then if you want a legal document reviewed you will have to pay more and the lawyer will tell you what they will charge.
Debra, Expert
If you decide to hire that lawyer.
It will be up to you.
Debra, Expert
Some people give free consultations and some charge a nominal fee for the consultation but you would get the same thing from the lawyer.
Debra, Expert
Yes it would be a good idea. Excellent in fact!
Debra, Expert
Yes I think that's a good idea also.
Debra, Expert
I think it's a civil litigation issue and legal aid does not cover this.
Debra, Expert
No. That wouldn't be the case.
Debra, Expert
Possibly but in some cases where someone is giving up a significant rights they would need to have independent legal advice first.
Debra, Expert
It would likely be binding then.
Debra, Expert
It would be considered to be a valid contract.
Debra, Expert
Why not post a new question asking for a second opinion.
That would be best since I've tried and tried to help and now it seems that you don't find me helpful.
But a contract can be valid and binding if both parties agree. Anyone can draft a contract.
Debra, Expert
You can just start a new post and say this is a second opinion if there isn't a box to check off. I don't know for sure really because I don't work for the site.
You won't be charged again.