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3 Answers | Asked in Contracts and Real Estate Law for California on
Q: What kind of contract should I sign between a real estate agent and a wholesale buyer? We want to partner to buy homes.

I (a wholesaler) want to partner up with a real estate agent to help me find properties to sell to my investors (who are cash buyers). I contacted an agent who said to send over a contract between our partnership to ensure terms and agreements of work and profit. Would I use a buyer's... View More

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answered on Apr 3, 2024

You have several choices ... from a straightforward partnership agreement [not recommended] ... to a joint venture agreement with good insurance ... or form an LLC with a carefully drafted LLC Operating Agreement. In these types of ventures "People, Money & Real Estate", the clarity... View More

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3 Answers | Asked in Business Formation for California on
Q: In short, questions regarding affiliate marketing for a California LLC.

Hi, in California. I plan on opening an LLC for affiliate marketing purposes.

1. Does my LLC name need to match my website names that are for affiliate marketing purposes? (two different websites for two different affiliate marketing campaigns, clothing and technology).

2. Do I have... View More

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answered on Oct 24, 2023

Well, you have about five strands of law that interact based upon the facts/scenarios you have presented ... and a conversation ... within a free initial video call with one or two business development attorneys ... would be your next best step ... the answer to your question will depend upon... View More

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4 Answers | Asked in Business Law for California on
Q: I am 1 of 5 partners in a new LLC and need help reading through a contract before I sign. What type of lawyer do I need

The LLC I will be a part of soon has 5 total partners. I’m a very minority partner and have no real concerns about anything but want to be diligent and have an attorney read through the contract for me.

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answered on Aug 29, 2023

Well, first question ... what state is the LLC Operating ... is the LLC a "member managed LLC" or a "Member Managed LLC" ... third, will you be a majority holder of LLC interests ... or a manager of the LLC ... Always best to schedule a free initial consultation with at least... View More

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4 Answers | Asked in Contracts, Employment Law and Business Law for California on
Q: Is it legal to require a minimum number of hours worked per year to keep an ownership percentage in a company?

I'm a part owner of a LLC and I own a percentage of the company. When we started this company, we had a meeting where we signed an agreement. In this agreement, it was stated ("expectation and obligations") that 40 hours of work is expected per percentage point of ownerships. So the... View More

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answered on Aug 18, 2023

As you might imagine, it depends upon both what is written in the LLC Operating Agreement and how it is written. Various provisions such as the one you are sharing ... are enforceable in certain circumstances ... so, what I would suggest is that you share the signed agreement with an attorney and... View More

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2 Answers | Asked in Contracts and Construction Law for California on
Q: Do I have a case and if so what type of case do I have?

During and ever since the completion of pool construction I have encountered many problems. In less than a month I started encountering filter problems. About 6months in the plaster started cracking, the filter has constantly been going out and needing to be repaired. Also the filter and pump are... View More

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answered on Mar 10, 2023

Well, the first task is to review the construction contract ... and then to review any images or communications of the work-in-progress ... and then to determine the current state of the pool and adjacent area ... so, you will want to schedule a free initial video call with at least two attorneys... View More

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2 Answers | Asked in Business Formation and Business Law for California on
Q: I want to start an online business. DBA, LLC, both, neither?

I will not be selling products. I will offer a service which will pay me a finders fee as compensation. I will be conducting the business from home/online. No employees. Do I need to register a DBA, get a license, LLC? Im in California

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answered on Feb 13, 2023

As is often the case, the answer is "it depends" ... upon [1] your exposure to liability ... [2] your management structure ... and the [3] the scope of your services ... the next step would be for you to schedule at least two free initial consultations by video call or telephone call.

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3 Answers | Asked in Business Law, Mergers & Acquisitions and Contracts for California on
Q: Who is the owner of accounting data for a business after a business sale?

We sold the business and we have a hard time on getting access to the accounting data for the past years, when we were in charge of the business. Please let me know our rights in this case, as accounting was done through QuickBooks online and new owners took over the existing data.

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answered on Feb 8, 2023

As a general rule, there are two "concepts" to review .. one is to review the actual written agreement ... and the other is called the "origin of the right" rule, which in this case hints that each party has a "right" to information as it "originated" under... View More

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2 Answers | Asked in Business Formation and Business Law for California on
Q: LLC Formation for Real Estate Investment

I need to form an LLC to buy and operate a rental unit. Three members are brining 1/3 investment each. Can there a buy-out clause such that one member can be bought out a year or later when two other members can bring the capital equal to the initial investment of third member plus 6% annual... View More

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answered on Jan 1, 2023

yes, but with several issues ... management issues, capitalization protocols, any improvements ... and of course, valuation formula ... always best to schedule a few free consultation video calls with at least two law firms to discuss the options and strategies.

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3 Answers | Asked in Contracts and Real Estate Law for California on
Q: Would you do contract document review?

I have a property which I need to be managed by a property management organization that I want the contracts to be reviewed by a lawyer. I can provide the documents. I would like to know more about the review process by a lawyer and the cost of it.

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answered on Apr 17, 2024

Good morning ... good answer by James Arrasmith ... as you might imagine, a review process would require that you first speak to at least two or three different attorneys to get an idea of both their legal background and their experience and expertise ... along with a review of their background as... View More

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3 Answers | Asked in Contracts, Construction Law and Small Claims for California on
Q: A client has refused to pay my closing invoice for services rendered what can I do
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answered on Mar 30, 2024

As you might imagine, the first item on our list would be to review your agreement with them ... then review the communications between the parties to see if those writings affect the analysis ... then explore if there are any complaints from this customer that affect them paying you ... and then... View More

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3 Answers | Asked in Contracts for California on
Q: Hi, how do I get out of contract that was signed but the work has not started? I don't even think materials are ordered.

The time frame to cancel contract was five days from date of signature. We are now at a month later but nothing has been started.

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answered on Dec 19, 2023

As you might imagine, the answer depends on the classification of the agreement and the nature of services contemplated to be rendered ... so, I would recommend that you schedule at least two FREE INITIAL CONSULTATIONS with attorneys of your choice ... by video call.

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3 Answers | Asked in Business Law and Contracts for California on
Q: On any legal document such as a contract or affirmation statement, does the acroynym or abbreviation have to be defined?
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answered on Apr 25, 2023

Well, certainly, the intention of the parties needs to be clear ... and if an "acronym" or abbreviation is not cogent or comprehensible ... then the term may cause confusion in the minds of the parties. As a general rule, the court prefers that the drafting of the document satisfy the... View More

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1 Answer | Asked in Contracts for California on
Q: I have an MSA that i need reviewed and amended - can you help? This MSA is to work as a client with another company

We are an IT consulting services company and need to work with other service providers so we can use their resources (people) on our projects to serve our clients

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answered on Jan 30, 2023

Your next steps would be to select two or three of the attorneys listed and request a free initial consultation by video call ... that way, you will have a better idea of your options and development strategies.

2 Answers | Asked in Contracts for California on
Q: As I am a full time student I found a home owner that asked me to paint his stucco, so he won't pay me. The remaining.

He paid me $3,000. Balance $1,500.

Plus he owes me $3,850 for other painting inside the house. I am not license. He harrassess me every day for two months. He wants all his money. What can I do.

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answered on Sep 20, 2022

File a small claims court action right away ... if you need any guidance, feel free to reach out to a few attorneys for that free initial consultation ...

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1 Answer | Asked in Business Law and Contracts for California on
Q: I am a 1099 consulting contractor. Is it proper to add a surcharge or "handling" fee to any travel expenses I pay for?

On the other hand, would you just invoice a customer and give them the receipts to the penny for reimbursement?

To be ethnical (if able to charge the fee) would a 1099 biz- would I just total an amount including the surcharge and ask for reimburse i.e. Portland office visit $1,500 OR would... View More

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answered on Sep 6, 2022

A couple of initial questions ... [1] how have you addressed this question in your written agreement for services? [2] How have you thought about your customer relationship services in noting exactly what you do and the associated charges? Feel free to reach out to several attorneys to schedule... View More

1 Answer | Asked in Business Formation for California on
Q: I have a question about naming an S-corp and whether I will need to do a DBA.

I have been operating a small business as a sole proprietor and I'm at the point of needing to form an S-corp. My chosen name is too similar to another name, so the company helping me to complete the filing has asked me to find an alternative. Should I go with something COMPLETELY different,... View More

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answered on Aug 25, 2022

As you might imagine, the answer is "it depends" ... the first question is ... have you engaged or requested the "name research" and/or achieved the "name reservation" on your first choice for the corporation's name? The second question is how will your name... View More

1 Answer | Asked in Contracts for California on
Q: What is best contract for 3 owners purchasing home in California a married couple and single person

Mortgage contract

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answered on Aug 10, 2022

One of the best "structures" to purchasing a home would be an LLC ... with a well drafted LLC Operating Agreement that spells out the details of ownership, possession, management ... and the many "what its" that can occur in life and in such arrangements. I would suggest that... View More

1 Answer | Asked in Contracts, Business Formation and Business Law for California on
Q: A verbal agreement was made to be 50/50 business partners which include expenses/work load. Other party didn’t uphold

Other party did not uphold end as far as expenses and working business hours. Within 45 days of opening We have decided to part ways but now they are asking for double their investment which was about 15 percent of expenses to open the business. What are they entitled to. There is no written... View More

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answered on Jul 20, 2022

This will be hopefully resolved in four initial steps: [1] engage an attorney/mediator to assist the parties in working toward a resolution in one or two video calls with all parties - there are a few law firms that will offer this service for free ... [2] if mediation does not work, then to engage... View More

1 Answer | Asked in Business Formation for California on
Q: Special business permits etc for a freelance writer in CA.

If I am a starting up as a freelance writer working out of my home in California, are there any sort of permits or business licenses that I need?

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answered on Jun 23, 2022

Well ... some of the answer will depend upon your address location ... and what your local city or county requires for "home businesses". Additionally, since the advent of SB5 [employee/independent contractor status] most individuals and businesses will want you to have a business... View More

1 Answer | Asked in Contracts for California on
Q: I have a question about cancelation of a contract. I want to get a refund. Please read contract and let me know.

I want to send the contract for someone to read and see if a refund if feasible, or will I have to pay a fee to cancel. Can't understand contract.

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answered on Jun 21, 2022

The best "next step" is for you to schedule an initial free consultation with at least two attorneys of your choice ... preferably by a Video Call, where you can go over the agreement together ... your thoughts?

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