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Business Law Questions & Answers
1 Answer | Asked in Business Law and Small Claims for Colorado on
Q: Do I have a legal right to file a claim for money owed in Small Claims Court?

I am a co-owner of a business here in Colorado. The business is based on a Verbal Agreement between me and my partner. He had a Verbal Agreement with our client to get paid on a monthly basis for our services. Our client paid us per our Invoiced amount up until Jul 2021. He is now in the rears... Read more »

Kevin Michael Strait
Kevin Michael Strait answered on Jan 20, 2022

If you do not have a business entity (like an LLC or a Corporation) and your business is based on a verbal agreement and no formal arrangements, then you are likely in a "general partnership." A general partnership is the legal relationship between partners that operate a business with no... Read more »

1 Answer | Asked in Contracts, Copyright, Business Law and Internet Law for New York on
Q: I am hiring a freelance to make an ad about the effectiveness of my vitamins. He says he is a Harvard graduate. If

it turns out he is not, am I liable? He comes from one of the largest freelance firms in US that list his credentials. I am in NYS

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 20, 2022

It will depend on what you use his credentials for.

Consult with an attorney.

1 Answer | Asked in Business Law for Florida on
Q: I dissolved my LLC and my soon to be ex husband had it reinstated. It has my FEI number. How do I get my FEI number off?
Jane Kim
Jane Kim answered on Jan 19, 2022

FEIN is not yours, it is associated with the LLC. As an example, whenever informational income tax return is filed by the LLC, this number is used. I assume the reinstatement does not list you as an officer of the LLC, and all other business operations do not list you as a member of the LLC.... Read more »

1 Answer | Asked in Consumer Law, Products Liability, Business Formation and Business Law for California on
Q: Is it illegal to resell abandoned used cloths?
Leon Bayer
Leon Bayer answered on Jan 19, 2022

Selling used clothes is legal.

2 Answers | Asked in Business Law for Florida on
Q: Business Law, Franchise question. Most FDD has a personal guaranty clause. What can I do about it? Can it be limited?
Linda Liang
Linda Liang answered on Jan 19, 2022

Not much. It is an offer. You can accept or provide counter offer. You should be represented by an attorney to know what you actually sign into.

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1 Answer | Asked in Business Law for New York on
Q: I’m trying to dissolve my llc right now using the website click dissolve

The LLC has had no business transaction or anything of my knowledge. It was made 1 year and 3 months ago by another Company that had made it for me without me actually being ready for it and then when I told them I don’t think I was going to be ready yet they completely cut off connections with... Read more »

Samuil Buschkin
Samuil Buschkin answered on Jan 19, 2022

If the legal entity is an idle and unutilized shell, it's best to dissolve it.

1 Answer | Asked in Business Law for Florida on
Q: under Chapte 485.003 paragraph (4) "Qualified person" what credentials are accepted? I have a AAS in Health Science

1)I'm looking into 2 Institutes at the moment to study hypnotherapy. I'm trying to confirm that upon completing the course and obtaining a certificate in Clinical hypnotherapy. Along with my AAS in Health Science and being a EKG Tech/Phlebotomist and 10 years plus experience in customer... Read more »

Jane Kim
Jane Kim answered on Jan 18, 2022

If you obtained a license or a certificate, you are deemed qualified to work in that profession, whatever that profession might be.

You should direct any professional licensing questions to the relevant governing board, probably at the FDBPR.

2 Answers | Asked in Business Law and Civil Rights for Florida on
Q: When on a FL HOA board when can new rules be implemented and is a lawyer needed to have new rules added or rules update

I'm currently in a HOA board and we are trying to figure out what rules/by lawns are currently in place. How can we change them/ modify them and how to move forward. One board member says to make any changes we have to have a lawyer and then have a vote. I'd like clarification on what can... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 18, 2022

A lawyer is probably not required, but the board member who says that perhaps figures that a lawyer is more apt to be able to spell "bylaws".

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2 Answers | Asked in Employment Law and Business Law for New York on
Q: I have a small cleaning business in NY and I want to send people out to clean.

At this point, I don't have a large clientele, so I would like to take on people as I get the jobs, like gigs. It seems like the best way to go would be to take them on as independent contractors instead of employees until I have more steady work for them. How would I go about this and what... Read more »

V. Jonas Urba
V. Jonas Urba answered on Jan 17, 2022

They will be your part-time or as needed employees. You will need to insure them as such and withhold taxes for them and comply with all DOL laws.

If they were independent they would have their own cleaning businesses, would advertise, would have their own business websites or bank accounts...
Read more »

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1 Answer | Asked in Business Law, Federal Crimes and Trademark for Alabama on
Q: Is it against the law to use the name of a government program to market advice and sell services?

My company helps military veterans with their benefits and provides counseling for them to make sure they are receiving the maximum benefits they are entitled to. Would it be against the law if I bought a domain such as www.selectiveservice.com (Just a random example not the actual domain) and... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Jan 17, 2022

The names of government agencies and programs are essentially trademarks or service marks, and are infringed if private entities promote goods or services with confusingly similar names.

1 Answer | Asked in Contracts, Business Law, Civil Litigation and Legal Malpractice for California on
Q: Where does it say in California law that a trustee must maintain trust assets (i.e. rental property for beneficiary)?

In this situation, rental income is to be used for the beneficiary's Special Needs Trust. There is a home that needs to be cleaned and rented yet the trustee has not done anything to take control of the property, clean and get it back on the rental market. I feel this is a breach of his... Read more »

Joel Gary Selik
Joel Gary Selik answered on Jan 17, 2022

Anyone, with good reason, can petition the court to have the trustee replaced. Failure to fulfill the fiduciary duties is a good reason for replacement.

1 Answer | Asked in Contracts, Business Formation and Business Law for Indiana on
Q: My dad was the sole owner of an llc. He has since passed away. Do we restructure or start a new one?
Michael Ray Smith
Michael Ray Smith answered on Jan 16, 2022

A single member LLC is dissolved unless, within 90 days of the member's death, the deceased member's personal representative takes action to designate at least one new member. If an attorney was hired to handle the probate estate, talk to that attorney about it, or contact a lawyer... Read more »

1 Answer | Asked in Business Law, Copyright and Intellectual Property for Florida on
Q: I want to recreate old jewelry (1800s) with slight mods to brand and sell. Would this be a copyright violation?

I like discovering strange vintage pieces and I don't necessarily want to make "replicas" as I do want to make some alterations to the antique designs/make them more modern/brand-able. I just want to make sure I'm not stepping on anyone's toes/ violating some... Read more »

Robert Kost
Robert Kost answered on Jan 14, 2022

Jewelry is copyrightable, but from your description its copyright has long since expired. See: https://guides.library.cornell.edu/copyright/publicdomain

1 Answer | Asked in Business Law for Maryland on
Q: would i be able to sue a dealership for giving false info about promo going on

We called the dealership to get information before going so that if we didn't meet criteria then we wouldn't waste our time. So they told us over the phone that we didn't have to worry about our credit being ran, we would only have to pay $88 as a down payment, and the monthly... Read more »

Scott Scherr
Scott Scherr answered on Jan 13, 2022

You can complain to the Consumer Protection Division of the Attorney General's office and they will investigate.

1 Answer | Asked in Banking, Business Formation and Business Law for Texas on
Q: I want to file my DBA, can I shorten my DBA name or do I have include the entire name?

ie. The Bakery Shop vs The Bakery Shoppe Cupcakes & Treats

Jaime Victor Papa
Jaime Victor Papa answered on Jan 12, 2022

Yes, you can shorten your DBA name or use an entirely different name. I often work with clients to help them with this process.

1 Answer | Asked in Business Law for Florida on
Q: Business legal advice.

2. Years ago I got diagnosed with cancer. I'm president of my business with a partner. Now that I couldn't go down there while dealing with this my partner says I'm not aloud to receive any profit from my company because I'm not there at the business right now. She's done... Read more »

Michael  Mayoral
Michael Mayoral answered on Jan 11, 2022

The answer is going to depend on a number of factors, such as the type of business entity, the operating agreement, the division of shares, and other things. I recommend that you consult with an attorney asap. You can speak to them, send them the relevant documents, and potentially retain them to... Read more »

1 Answer | Asked in Consumer Law, Family Law, Real Estate Law and Business Law for Kentucky on
Q: Me and my wife got married in July. She lived in housing but I never moved in. Now they want back payment. Is this legal

I have leases from other residents showing I did not live there.

Timothy Denison
Timothy Denison answered on Jan 10, 2022

Did you sign a lease on this housing? If not, you owe nothing.

1 Answer | Asked in Business Law and Family Law for Colorado on
Q: Is there a legal obligation to give information to parents of an employee?

If an employee is under the age of 18 from a broken marriage household and does not want the employer to disclose info? for example living with one parent and the other comes in asking when she/he/they are working next?

Sabra M. Janko
Sabra M. Janko answered on Jan 10, 2022

This is more on an employment law question however first it is necessary to look at whether someone under age 18 can work. You should repost in employment law. Generally employers can not disseminate employee information to third parties without the consent of the employee, however generally... Read more »

1 Answer | Asked in Business Law and Contracts for New York on
Q: Do new ownership of a gym have to abide by the old gym contracts or are they invalid due to new ownership?

My old contract says lifetime price guarantee but nothing about if new owners come.

Samuil Buschkin
Samuil Buschkin answered on Jan 10, 2022

You need to consult a lawyer but typically if a business is sold the buyer is the successor to the seller vis-a-vis existing contractual obligations, unless such are expressly excluded from the sale which in theory could result in seller's liability.

1 Answer | Asked in Business Law for New York on
Q: LLC Agreement language that assigns 50% of Member ownership to someone, but 0% of expenses on their K-1.

Below is my exchange with the CPA. I'm looking for LLC Operating Agreement language that achieves this (my lawyer doesn't know how):

Me: I am giving 50% of the LLC's equity to someone else, but I will be the one fully funding the operations of the business with my own cash.... Read more »

Samuil Buschkin
Samuil Buschkin answered on Jan 10, 2022

A competent attorney will be able to draft such an LLC operating agreement. The rules for LLC's are purposely very flexible.

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