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Questions Answered by Andrea Wheeler
2 Answers | Asked in Contracts for Florida on
Q: I have a small remodeling company, I signed a proposal for a company to place concrete, I found a lower priced company.

I used the lower priced company. Am I responsible for anything from the higher priced company?

Andrea Wheeler
Andrea Wheeler answered on Jun 13, 2019

This question cannot be answered without seeing what you signed. You should contact a business attorney to review what you signed and advise you of any obligations you agreed to.

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2 Answers | Asked in Banking, Business Formation, Business Law and Contracts for Florida on
Q: I run a mortgage loan processing company. Should I use a Contract, SLA, Non-Compete, or a NDA to protect my business?

As my business scales, I'm finding it necessary to leverage some sort of written protection to not only outline my level of service offering(s) to my clients, but also a way to outline the duties of the staff I will be hiring. I want to ensure all parties are clear on what each party provides to... Read more »

Andrea Wheeler
Andrea Wheeler answered on Jun 11, 2019

It is a great idea to speak with a business lawyer so that all of your relationships and transactions are based on a solid contract.

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1 Answer | Asked in Contracts, Business Formation and Business Law for Florida on
Q: As per Florida Sunbiz website I am planning to start Single member LLC in Florida. (Question & background info. below)

As per Florida statute (Instruction of Article of Organization (FL LLC) on sunbiz website), I am planning to submit application on 06/01/2019 for Single Member LLC to start consulting business (home based) providing engineering advising services but I will keep the LLC Effective Date of 08/15/2019... Read more »

Andrea Wheeler
Andrea Wheeler answered on May 22, 2019

You will not have an active LLC until the date of filing so you cannot hold yourself out as conducting business under that name until it is active. You will be a sole proprietor until you have an active LLC. I recommend speaking to a business attorney because there is a lot more to starting your... Read more »

1 Answer | Asked in Business Law for Florida on
Q: My business partner wants to retire and shut down our business.

I'm not ready to retire and would like to keep the business going for a bit longer. We can't come to an agreement on this. What should we do?

Andrea Wheeler
Andrea Wheeler answered on Oct 12, 2018

There are a lot of fact specific issues that just be known before answering this question. What type of business entity do you have? Depending on the type of entity, do you have an operating agreement or buy sell agreement in place that specifies the steps needed to be taken for this type of... Read more »

2 Answers | Asked in Business Formation for Florida on
Q: How do I know whether to operate my business as a sole proprietorship, partnership, corporation, or LLC?
Andrea Wheeler
Andrea Wheeler answered on Sep 25, 2018

The type of business entity you choose will be specific to your facts and goals. You should speak to a business attorney to find out which type of entity is right for you.

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1 Answer | Asked in Business Formation for Florida on
Q: Is it wise for the CEO of a company to also be on the board of directors?
Andrea Wheeler
Andrea Wheeler answered on Sep 11, 2018

You can draft the bylaws to provide for both CEO and president to be separate offices in the corporation, but a single individual acting in both capacities. Whether this is a wise decision or not depends on your particular circumstances.

1 Answer | Asked in Employment Law for Florida on
Q: Is a non compete valid if the company doesnt list any specific competitors or geographic boundary on said agreement?

I also own a business that hasnt gotten off the ground yet prior to this job.

Andrea Wheeler
Andrea Wheeler answered on Sep 11, 2018

A non compete does not need to list specific competitors. As far as geographic boundaries, the entire agreement would have to be reviewed in order to give an answer. There are also other factors, such as duration, that would need to be reviewed in order to determine the validity of the agreement.... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: What is a reasonable length of time for a no.n compete contract in Florida for a sales position

Position was in employment recruiting

Individual opened own business in Nevada 1 year after leaving company

Andrea Wheeler
Andrea Wheeler answered on Aug 20, 2018

It depends. There are other factors that need to be considered but the statutes presume a reasonable time is 6 months or less. Generally, more than 2 years is considered unreasonable. For provisions between 6 months and 2 years, there is no presumption as to reasonableness and other factors... Read more »

1 Answer | Asked in Business Formation for Florida on
Q: Can I hire an employee before officially registering my business?
Andrea Wheeler
Andrea Wheeler answered on Aug 18, 2018

You can but it would not be recommended. You should form a business entity first so that you have personal liability protection.

1 Answer | Asked in Contracts for Florida on
Q: Does the non compete law in Florida allow for customers which are from ones sphere, coworkers, family friends etc

I’m a re agent and I brought a coworker/friend from another company as part of my sphere (family, friends). I have since moved to another RE office. They my friends/customer have moved with me. Is the law enforceable in this case?

Andrea Wheeler
Andrea Wheeler answered on Aug 18, 2018

To answer your question, an attorney would have to review the noncompete agreement that you signed with your employer.

1 Answer | Asked in Business Formation for Florida on
Q: At what point in a business formation process do I need to have insurance?
Andrea Wheeler
Andrea Wheeler answered on Aug 17, 2018

To ensure optimum protection, you should obtain insurance right after the business is formed.

2 Answers | Asked in Business Law and Mergers & Acquisitions for Florida on
Q: I am purchasing a tax/accounting business near Sarasota, Florida. I need an attorney for advice.

The sale is going through a broker. What type of lawyer do I need? And what should I look out for. I received a sample letter. Would like to review with attorney as well as any other documents that may come up as well as due diligence of the business.

Andrea Wheeler
Andrea Wheeler answered on Jul 20, 2018

You will need a business lawyer. Look for one that concentrates in business law so that they will have experience with purchases.

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2 Answers | Asked in Contracts for Florida on
Q: Hi, I was hoping to get a better understanding of this contract. It seems too simple and not enough details.

they said that they would distribute internationally and they have a street promo team they will use as well but its not mentioned in the contract. does that mean if i sign they are not legally responsible to hold up to their word pertaining to that.

Andrea Wheeler
Andrea Wheeler answered on Jul 18, 2018

Without seeing the contract, it is hard to answer your question. Generally, if it is not written in the contract, it will not be enforceable. One of the most important purposes of having a written contract is to get all parties to specifically write out exactly what they are agreeing to. You... Read more »

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2 Answers | Asked in Copyright for Florida on
Q: Do I own the copyright on content I post on social media?
Andrea Wheeler
Andrea Wheeler answered on Jun 23, 2018

Copyright protects original works of authorship including "literary, dramatic, musical, artistic, and certain other intellectual works." Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work.... Read more »

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3 Answers | Asked in Business Formation for Florida on
Q: Do I need to form a corporation to buy an existing business in my town?
Andrea Wheeler
Andrea Wheeler answered on Jun 18, 2018

I would need more facts to provide an answer. Is this an asset or stock purchase? Also, there are several types of business entities besides a corporation and this should be discussed with an attorney who knows the facts of your situation. Buying a business is a big deal and you should make sure... Read more »

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1 Answer | Asked in Business Formation for Florida on
Q: How do I register my business in Florida?
Andrea Wheeler
Andrea Wheeler answered on Jun 13, 2018

It depends on what type of business you are registering. Check out the Florida Department of State, Division of Corporations' website.

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