Legal Question in Business Law in New York

I signed a book contract with a small publisher almost a year ago, and my advance was never paid fully. The book released in October 2013 and according to the terms of the contract I was to receive half upon delivery/acceptance and the remainder at publication. I have had to email them constantly to ask where my advance is. Today I refused to send the remainder of my next manuscript into them because they still hadn't paid. Magically they sent a payment to my PayPal account, but still not for the full amount of the advance. I now want to be released from my contract. Please advise if this is possible


Asked on 6/30/14, 9:33 am

3 Answers from Attorneys
Roman Fichman Esq. Law Practice of Roman Fichman Esq.

It may be possible and it would depend on the agreement you signed. To make that determination, the agreement needs to be reviewed before an opinion can be rendered. The review process should not take a long time and would not be expensive.

Feel free to contact my office at your earliest convenience.


Roman R. Fichman, Esq.

www.TheLegalists.com │ @TheLegalist

email: Info (@) TheLegalists (dot) com

t e l : 2 1 2 -- 3 3 7 -- 9 8 3 7


Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. No intention exists to create an attorney-client relationship or any other special relationship or privilege through this post. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.


Read more
Answered on 6/30/14, 9:37 am
Frank Natoli Natoli-Legal, LLC

You are asking a question that requires much more info in order or anyone to offer a conclusion. The contract will need to be reviewed along with all the facts and circumstances.

If this is of serious concern to you, I suggest you discuss it with an attorney in private before taking any further action. If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

Read more
Answered on 6/30/14, 9:37 am
Kevin Connolly Kevin J. Connolly

It's a breach of contract. It's a fundamental denial of the benefit of the deal. Yes, you can terminate the contract. There are many other things you can sue for. As Frank said, you should consult an attorney,

Read more
Answered on 6/30/14, 10:22 am


Related Questions & Answers

More Business Law questions and answers in New York