Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Douglas J. Shumway

1 Answer | Asked in Business Law for Texas on

Q: What is the cost of trademarking my logo?

What is the cost of trademarking my logo?

Douglas J. Shumway answered on May 6, 2014

The price of a trademark varies from law firm to law firm so you should call around to a few intellectual property law firms to see what they are charging. My law firm charges a minimum of $250.00. Many times a trademark does not have the scope that the client believes it should have so make sure... Read more »

1 Answer | Asked in Business Law for Utah on

Q: Is it illegal in the state of Utah for one motel to call another to drum up business?

Douglas J. Shumway answered on Feb 13, 2014

Depending on the method utilized to "drum up business" there may or may not be any liability. There are a number of causes of action that most lawyers would be able to think of depending on what was said and sometimes even how something was said. Damages would be difficult to prove and the... Read more »

1 Answer | Asked in Real Estate Law for Utah on

Q: The buyers backed out of purchasing my home 2 days before the closing date. Do i have to give their earnest money back?

Douglas J. Shumway answered on Jan 29, 2014

Whether or not you need to give the earnest money back would be wholly dependent on the terms of the REPC. Most purchase contracts would allow the seller to keep the earnest money if the buyer backed out two days before the closing was supposed to occur, but you would want a real estate lawyer to... Read more »

2 Answers | Asked in Real Estate Law for Texas on

Q: I purchase a land from a seller when the land closed did't have a road now is a corner lot. Is this an easement?

Douglas J. Shumway answered on Jan 2, 2014

There are a number of ways that an easement can be created but many times the exact rights associated with a non-contractually created easement are hard to nail down. You would be well served to hire a local real estate lawyer to go over the specifics of your situation. Any real estate lawyer will... Read more »

View More Answers

1 Answer | Asked in Contracts for Texas on

Q: How do I take back possession of my property when I do not know where it is?

I was selling my generator, and my friends were all spreading the word, I had two of my friends come over to my house today they told me that someone they knew wanted to buy it, but they had to take it to him because he was without a way to come and buy it himself, so I allowed them to take it to... Read more »

Douglas J. Shumway answered on Dec 16, 2013

It seems like you have been caught in a scheme of some sort. If you were never paid then most likely you won't have any liability to the purchaser. If your friends took the money and never delivered it to you then you might have liability if the generator is then taken from the purchaser because it... Read more »

1 Answer | Asked in Real Estate Law for Texas on

Q: I have a house under my name and my ex's name if I was to move back in can she take home away? My name is on top.

Douglas J. Shumway answered on Dec 2, 2013

The answer to your question is a lot more complicated than you might assume. The type of ownership is important, any agreements associated with ownership might have an impact, and the potential liability associated with re-taking the property should be analyzed. You probably want to schedule a free... Read more »

1 Answer | Asked in Contracts for Arizona on

Q: Is an agreement made during sex legally binding

Douglas J. Shumway answered on Nov 26, 2013

This is truly a fascinating question and one that many law students would spend hours and hours pondering and researching. I think that the method by which the agreement was memorialized is important, witnesses, if any, are always helpful, and the state of mind of the parties and their intent to... Read more »

1 Answer | Asked in Contracts for Texas on

Q: Is there something that can be done if a contracter does not complet the the work by the date they put on the contract?

Douglas J. Shumway answered on Nov 26, 2013

Every party to a contract has an obligation to abide by the contract and if they fail to do so then there are damages that can be sued for or other remedies that may exist. Many contracts with contractors provide the contractor with significant opportunity to remedy the situation before a monetary... Read more »

1 Answer | Asked in Business Law for Texas on

Q: Can you sue company not informing patrons that their side parking lots were having daily auto breaks and theft?

Douglas J. Shumway answered on Nov 19, 2013

Generally, you can sue anyone for just about anything; however, oftentimes the cost of the lawsuit is prohibitive. In this scenario evidence would be difficult to obtain unless everyone was filing a police report, and your lawyer would have to do a full negligence analysis to see if there is any... Read more »

1 Answer | Asked in Real Estate Law for Texas on

Q: Joint owners want to transfer title into a newly formed LLC but have loan on prop. Possible? Will it effect the loan?

Douglas J. Shumway answered on Nov 4, 2013

Generally this sort of situation is governed by what is generally known as a "due on sale" clause. Most loan documents have a provision that restricts the transfer of property and when you transfer the property (assuming the lender discovers such transfer) then the lender may call the loan due.... Read more »

1 Answer | Asked in Business Law for Texas on

Q: What is a series LLC and what filing is required?

Douglas J. Shumway answered on Oct 17, 2013

This is a wonderful question! A series LLC is a new type of entity that allows for essentially an internal umbrella setup without the need to form multiple companies and still allows for limitation of liability and obligations on a sub-LLC level. In other words, you get your LLC cake and get to eat... Read more »

1 Answer | Asked in Business Law for Texas on

Q: What do I do if an individual takes my business name?

The business name has been trademarked, incorporated, and has assumed name in Denton county. What are my options as the business owner? Is there laws to protect my business identity?

Douglas J. Shumway answered on Oct 7, 2013

A local attorney would require a bit of additional information, but generally you will have rights against anyone who utilizes protected intellectual property such as you business' name. I would highly recommend that you obtain a free consultation from a local lawyer who deals in intellectual... Read more »

1 Answer | Asked in Business Law for Utah on

Q: Is the recession of 2007/2008 qualify as a 'justifiable cause' for inability to refinance a deal?

Douglas J. Shumway answered on Oct 4, 2013

To appropriately answer this question a lawyer would require a lot of additional information, but generally, justifiable cause is a very funny thing and rarely do two people agree on what it means without established case law that is on point. You will want to have a business lawyer take a look at... Read more »

4 Answers | Asked in Contracts for Alabama on

Q: Is a written agreement between two parties and signed by both parties a legal binding contract in the state of Alabama?

Douglas J. Shumway answered on Oct 3, 2013

There are a number of things that can cause a document to not become an enforceable contract, but generally a writing signed by two parties that contains terms and has some sort of consideration (exchanged value)is going to be a binding contract. In this day and age there are a shocking number of... Read more »

View More Answers

1 Answer | Asked in Contracts for Texas on

Q: Can builder withhold payment for work on one property because of mistake (corrected) on a separate property?

Builder authorized irrigation on two properties then cancelled work on one of them twice before work was actually done. He then ordered work on another property that was completed and closed on that house. Is it legal to withhold money legally due on a property when that work is completed and the... Read more »

Douglas J. Shumway answered on Sep 23, 2013

To answer this question in a meaningful way you will want to sit down with a local contract lawyer who can review the contracts. You would be quite surprised at what is legal and enforceable in a contract and you may have agreed to something that is not at all in your favor. Notwithstanding what... Read more »

1 Answer | Asked in Contracts for Texas on

Q: Can a person claim ownership of something with "verbal proof"and take it to court?

Douglas J. Shumway answered on Sep 17, 2013

Oral contracts are enforceable to some degree but generally such cases are very difficult to prove and can become very expensive. As you might assume, as a business attorney I see a lot of cases where potential clients want to enforce an oral contract. Generally these scenarios are associated with... Read more »

1 Answer | Asked in Real Estate Law for Utah on

Q: I signed a warranty deed for the house over to my wife, can I now revoke it?

Douglas J. Shumway answered on Aug 21, 2013

It is not likely that you can revoke a deed unless the deed specifically says that it is revocable. Allowing the revocation of deeds would really be against public policy because who wants to worry about having the seller of a piece of property 50 years ago coming back and revoking the deed,... Read more »

1 Answer | Asked in Contracts for Texas on

Q: Is a security agreement still valid if it is not dated by the debtor himself (but rather dated in two other places)?

The agreement is dated at the top of it and at the bottom of it. It also reads something to the effect of: "The borrow acknowledges receipt of a copy of this agreement dated this ____ daye of __________ 2011" office staff simply writes in the date here. The other two dates (top and bottom of... Read more »

Douglas J. Shumway answered on Aug 6, 2013

The problem with most contracts is that little errors rarely invalidate them. Without spending a number of pages discussing why this is, I can generally recommend that if you are seeking to invalidate a contract, or ensure that one is valid, that you should seek the counsel of a local lawyer who... Read more »

1 Answer | Asked in Real Estate Law for Texas on

Q: Have allowed neighbor to use five feet of my property. Do I retain ownership indefinitely?

No documentation. They have planted many shrubs, now established. I still pay taxes in that strip.

Douglas J. Shumway answered on Aug 5, 2013

As I am sure any Texas lawyer will agree, you should put all agreements in writing so that in the future you don't have problems arise that are extremely expensive to litigate. Generally neighbors don't have problems until one or the other sells the property. The buyer relies on what he/she sees... Read more »

1 Answer | Asked in Business Law for Texas on

Q: What do I do if my LLC partner is "bullying" me and taking advantage of his control of the revenue & refuses to pay me?

My business partner, since the beginning has been controlling to the point of ludicrous at times. He makes unreasonable demands and imposes "stipulations" that must be met before he will issue a payroll check to me (which my pay is clearly outlined in the operating agreement). He has sole reign... Read more »

Douglas J. Shumway answered on Aug 5, 2013

The situation that you are describing is unfortunately very common. I would recommend that you reach out to a local business law attorney to have your operating agreement reviewed. That being said, LLCs are governed by statutes and agreements so if an agreement is silent then you must look to the... 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.