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Questions Answered by Keith Kanouse
3 Answers | Asked in Business Law for Florida on
Q: I own a business with my family. We are fighting. How do we split the business or what rights do I have

Mom and me and my brother are listed as owners

Keith Kanouse
Keith Kanouse answered on Jun 25, 2020

If you are a corporation did you have a shareholders' agreement. If you are an LLC, do you have an operating agreement. Your rights would be explained in the agreement. If no agreement, then your rights would be set forth in a statute.

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3 Answers | Asked in Real Estate Law and Business Law for Florida on
Q: Can a realtor ask for their commission if we backed out of a sale and purchase?

My husband and I signed contracts to purchase a home and sell our house. We cancelled both 6 days later due to uncertainty over the immediate future of the economy. We offered to pay for the cost of marketing and the home inspection paid by the buyers of our home. But our realtor wants us to pay... Read more »

Keith Kanouse
Keith Kanouse answered on May 27, 2020

It depends on what your agreement with the broker provides. Also look for the Force Majeure provision (Acts of God excuses performance). Did you sign the contract before COVID-19?

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1 Answer | Asked in Business Law and Contracts for Florida on
Q: I never signed a contract with this company that is charging me monthly for tires and small fees, can I get my $$back?

I needed new tires and this company offers tires, that you can pay off in monthly payments ( if payed in 6 months there is no interest ) , but when I asked to see all the payments given ( about 3 months ) , only half of my money so far is paying for the actual tires and the other half are small... Read more »

Keith Kanouse
Keith Kanouse answered on May 19, 2020

Did you sign a purchase order for the tires, an invoice and any written document? Did you accept Terms and conditions over the Internet? If no, then they should not be charging you other fees.

2 Answers | Asked in Business Formation for Florida on
Q: Can I set up a dba under my name?
Keith Kanouse
Keith Kanouse answered on May 19, 2020

If you are operating a business as a sole proprietorship under your own name, there is no reason to do a Fictitious Name Registration. Look at Section 856.09 of the Florida Statutes.

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4 Answers | Asked in Uncategorized for Florida on
Q: Where can I find a Pro-Bono attorney?
Keith Kanouse
Keith Kanouse answered on May 1, 2020

Contact the legal aid office located probably in your county seat.

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1 Answer | Asked in Contracts and Business Law for Florida on
Q: OK so weve established that its expired but this what it says about it.

This contract is good for a term of three (3) years. Either party can terminate this agreement in writing with a thirty (30) day notice. Any deals, events, performances etc,,, that where done during the time of this contract will still be deemed a part of this contract and *** will be paid twenty... Read more »

Keith Kanouse
Keith Kanouse answered on Apr 22, 2020

If the contract has expired, then neither party has any further obligations to the other party except payment owed for bookings. Does the contract have any provisions that survive the expiration such as confidentiality, non-compete, indemnification, etc.?

1 Answer | Asked in Business Law for Florida on
Q: A contract I signed w/ a non-profit has an NDA. I am writing a demand for payment letter, can I send to board members?

I worked in Feb. as a freelance musician for an orchestra in Florida that now says they cannot pay what my contract says that I am owed. I am writing my pre-small-claims "demand for payment" letter & would like to cc the board to pressure them to make payment. I live in CA & would... Read more »

Keith Kanouse
Keith Kanouse answered on Apr 7, 2020

You should send it to the person listed in the Notices provision of the contract. If no Notice provision send it to the person who signed the contract on behalf of the non-profit. Do not copy the Board members.

2 Answers | Asked in Business Law for Florida on
Q: I loaned $250K to my son and his friend to start an LLC in FL. They have defaulted on the loan. The friend used LLC $

The friend used LLC funds to remodel his own home. What recourse do I have of collecting on the loan?

Keith Kanouse
Keith Kanouse answered on Apr 3, 2020

Do you have proof of the loan such as a promissory note? You have the right to sue him for the money he diverted from the LLC to himself plus the rest of the loan.

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3 Answers | Asked in Contracts and Business Law for Florida on
Q: What recourse do I have when I signed a contract to complete a project and they paid me less than what I billed for.

I was subcontracted for some IT work. I signed a contract and my billable hrs were below that max amount of billable hrs. I provided a weekly summary of the work I did and hrs worked. Everything went well until payment was due. The first excuse was they didn't approve my proposal which later... Read more »

Keith Kanouse
Keith Kanouse answered on Mar 30, 2020

I suggest you review the dispute resolution provisions of your contract. It probably requires you to file a collection suit in Small Claims Court in the County set forth in the contract..

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2 Answers | Asked in Business Formation for Florida on
Q: If I have an LLC registered in the state of Florida with multiple words in the name, can someone else register an LLC

Using a portion of the same words used in my LLC registration? Or, using the same words but in a different order?

Keith Kanouse
Keith Kanouse answered on Mar 23, 2020

If the Florida Division of Corporations accepted the name of the other company, you have problem particularly if you do not also have a Florida or Federal trademark registration.

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2 Answers | Asked in Business Formation and Business Law for Florida on
Q: Would like to know what type of license would I need to start an online clothing boutique and be able to but wholesale
Keith Kanouse
Keith Kanouse answered on Mar 18, 2020

You would at least need an occupational license from your city or county.

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2 Answers | Asked in Business Formation and Business Law for Florida on
Q: What is the most cost effective way to reinstate my corporation that was voluntary dissolution last year?
Keith Kanouse
Keith Kanouse answered on Mar 9, 2020

Did you voluntary dissolve or were you involuntarily dissolved? If you voluntary dissolved you may be able to revoke your dissolution for $35. It will cost $600 to reinstate. Otherwise, you are better off forming a new corporation ands paying $87.50. After 60 days from dissolution you should be... Read more »

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1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Although my name is on the lease I never signed it. I live in Florida w/ 4 roomates. Can they sue if I move out?

Roomates have been harassing me periodically.

Keith Kanouse
Keith Kanouse answered on Feb 5, 2020

If you have not signed the lease you are not responsible for the rent. I assume there is no agreement among the roommates.

2 Answers | Asked in Business Law and Employment Law for Florida on
Q: Can a company who files me as "1099-Misc/Independent contractor" online legally refuse to pay me?

I work on a "Q&A website" that pays people to ask questions, who at the end of year sends a 1099-Misc form, classifying me as an "independent contractor". I currently earn 1K every month on this site. I've earned 6K up to this point throughout the year. Per their... Read more »

Keith Kanouse
Keith Kanouse answered on Jan 25, 2020

Do you have a contract? Yes you can sue for money owed.

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1 Answer | Asked in Trademark for Florida on
Q: Two different styles of clothing but share same word in brand name. Can that be an issue?

There's a brand called Public Rec, we're starting a brand called Public Order. Two completely different styles of clothing but could this potentially be an issue?

Keith Kanouse
Keith Kanouse answered on Jan 24, 2020

Pub Rec is a registered trademark for several classes of goods with 2 filings with the USPTO. You have no registration or application. You need to discuss this issue with a trademark attorney.

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