I recently performed service work for a company. The contract can be voided at any time by any party. There was no requirement to provide previous proof of work. They performed KYC and I passed without any issue.
I completed my contractually required work. Just as I was finishing, the... Read more »
It sounds like you may very well have a valid cause of action for breach of contract, unjust enrichment and/or quantum meruit. You are most likely owed the value of the work you performed. You should set up a consultation with an attorney who handles breach of contract disputes, present the...Read more »
They offer two payment methods online; pay by credit card or pay with bank account. Both options charge a convenience fee. They do not offer any other way to pay the dues. My understanding is that the convenience fee is only charged as a convenience alternative to a standard method of payment.
If you mail a check they have to accept it. They cannot legally refuse any form of legal tender. The problem you might face is proving they received the payment. They cannot require only online payment but if they provide for online payment they can charge a convenience fee.
It is likely the lender may institute a cause of action against you individually (personal guarantee) and has a choice of bringing a suit in either state. If your loan does not provide for a choice of law provision (unlikely, read your loan agreement) then the law of the state where the suit will...Read more »
Florida law recognizes oral agreements in some situations- its the duration of the agreement more so than the nature of the agreement. However, in order for an oral agreement to bind, a court would have to determine that both parties acknowledge that there was an agreement made (meeting of the...Read more »
It is generally not advisable for you to draft your own contract if you want it to be legally enforceable. You can run into problems if the parties obligations are not adequately established by the language of the contracts. If you intend to run the business for a significant amount of time, it...Read more »
Yes, you absolutely can. However, be aware that under Fla. Stat. 57.105(7):
"(7) If a contract contains a provision allowing attorney’s fees to a party when he or she is required to take any action to enforce the contract, the court may also allow reasonable attorney’s fees to...Read more »
Us was different from what was on the contract, he wrote the amount on a sticky note . Now the dealer wants us to pay the remaining amount as the salesman gave us the wrong amount . Are we obligated to pay it .
If you are a private individual selling a car, you should NEVER sell a car unless you receive payment in full at the time of sale. If you are a dealer, you should have ample availability to lenders and/or you should have a professional business relationship with an attorney who can provide you with...Read more »
We would like to take on clients to split the funds that the program makes from the buys/sells, but we want to be sure we do it the right way, legally and for tax reasons. We are researching resources to make sure we do this properly.
You might be considered a financial institution for purposes of US regulations. Since this app would have an online presence and an international reach, you'd need to ask this question in every jurisdiction where you process payments. it is likely you'll need more than one type of lawyer...Read more »
"The main difference between successful small businesses and those that fail within a relatively short period of time is good legal advice. The owners of most successful small businesses understand that retaining a competent, experienced business lawyer and paying modest legal fees to advise...Read more »
I want to be sure I’m protected if the buyer defaults, or fails to maintain the business. The business is a franchised restaurant so there standards that need to be maintained. If the agreement includes a down payment, would I retain it as well?
There is always some level of risk involved in every business transaction. Providing owner financing and the nature of the franchise relationship will need to be taken into account. You can't eliminate risk, but you can manage risk by contemplating these issues in an asset purchase...Read more »
Assuming that the lienholder has a valid financial grievance against you, like for not paying your obligations to them as you agreed, the answer is yes. Lienholders do not have to wait for someone else to initiate repossession proceedings to protect their liens.
They were sent a contract to hold the date via docusign, contract states it is only valid with full signature AND receipt of deposit. Deposit is only accepted via zelle, paypal and venmo(certified checks are for businesses only). They signed the contract - and didn't send the deposit... Read more »
Contract with the purpose of committing fraud is void. Therefore, I would not worry about some signed and illegal piece of paper. I would block them so that they cannot contact you again. And most certainly, do not initiate any more contact with them.
The change in the agent's address shall be reported "promptly". The required reports are to be filed under penalty of perjury (See Florida Statute 605.0205 (3)), so intentionally filing false information could in theory be a crime. And of course, if a court summons is attempted to...Read more »
I hired a business broker in May to sell by business. For the last 3.5 months he has not done anything to sell my business. He hadn’t posted it on the BusinessMLS or BizBuySell. Nowhere. When I discussed my frustrations he gave me a song and dance and then told me that it’s just slow during the... Read more »
A leasing company has deceived us out of 5k. The funds were paid in order to receive the keys to move in. We were not able to accrue the full amount so the company canceled. I was told over the phone and text that we would be refunded in 30 days, now they are saying otherwise. This was July 6th.... Read more »
My husband and I entered into a rent to own contract 3 years ago. We have followed the contract faithfully, including paying all property taxes for the last 3 years on the home and sending a certified letter of intent to buy before the due date on the contract. The property is owned by a company... Read more »
You need to contact an attorney who handles contracts, business litigation, or real estate disputes and present them with all of the agreements and/or contracts concerning the property/sale, as well as the information for the property so that the attorney can research the property's chain of...Read more »
It depends on a couple of things. First, what does the operating agreement say about the withdrawal of members. If there is no operating agreement, then the withdrawal has to comply with Florida's LLC act. This isn't an expensive thing for a business lawyer to do, but you should really...Read more »
I bought into a company that claimed they were going to teach me how to be successful in a business and would provide coaching from people who had done the business. They claimed they had already worked out the kinks and would teach me to use their system and all I had to do was follow it. It did... Read more »
If you convey facts that are 100% truthful, your statements do not constitute unlawful defamation. However, you are correct that "anyone can sue anyone". Are you prepared to spend many thousands of dollars to defend yourself (with an attorney)? All the other party has to do is to file...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.