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Kansas Business Law Questions & Answers
0 Answers | Asked in Business Law for Kansas on
Q: Should the transfer of a business be a gift or sold for a small amount?

My husband started an LLC. He is now needing to change jobs and there will be a conflict of interest. I can run the LLC so he wants to either gift the LLC to me or sell it to me for $1. It has no monetary value at this time as nothing has sold yet. It is for online services. Which is better to do,... View More

1 Answer | Asked in Contracts, Business Law and Civil Rights for Kansas on
Q: Can I sue a business/ owner for selling sofas they agreed to buy from me. But then never paid me and they sold them.

They show on their fb they sold but they said they returned them to me by putting them in a storage unit they gave me acess to pick up. But the unit was locked by company for nonpayment. Which I never agreed to return in first place and know they are not in there because the storage lady allowed me... View More

James L. Arrasmith
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answered on Mar 2, 2024

Yes, you can potentially sue the business/owner for this situation based on a few different legal theories:

1. Breach of contract - There was a clear agreement to purchase the sofas, but they failed to pay you as promised. This constitutes breach of contract, giving you the right to sue for...
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1 Answer | Asked in Business Law, Contracts, Land Use & Zoning and Real Estate Law for Kansas on
Q: Can land that is currently leased, be sold?

I own farm land that is currently leased by another party and being farmed. Can I sell the land, or do I have to wait until the lease is over?

Anthony M. Avery
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answered on Feb 29, 2024

Yes, but the grantee takes subject to the rights of possession of the lessee occupants.

1 Answer | Asked in Business Law for Kansas on
Q: Can I be held liable if someone uses my website's software testing advice and a company loses money or someone dies?

I'm thinking about starting a website to teach people how to be better software testers. This is going to involve suggestions on how to speed up the testing process by skipping some testing because it is impossible to test every scenario within a reasonable timeframe.

Tim Akpinar
Tim Akpinar
answered on Feb 28, 2024

A Kentucky attorney could advise best, but your question remains open for a week. Your concern is valid. There is always a possibility that someone could sue, claiming damages caused by your suggestions or instructions. While it is not always a bullet-proof measure, one option could be to consider... View More

1 Answer | Asked in Business Law, Employment Law, Contracts and Arbitration / Mediation Law for Kansas on
Q: Employer publicly stated "taking c/o my employees emotionally and financially was my priority", but never did, estoppel?

If this statement was made, and publicly recorded in print, that "taking care" of injured employees financially was my biggest priority ", does that statement become a valid promise or contract with the employee to receive the help he needed? Can the employee seek to have those... View More

Tim Akpinar
Tim Akpinar
answered on Dec 4, 2023

A Kansas employment law could advise, but your question remains open for a week, and it includes the Arbitration/Mediation category. Until you're able to consult with a local attorney, as a general matter, that is a somewhat vague statement. It is not exact in terms of exactly what it means,... View More

1 Answer | Asked in Business Law, Collections and Contracts for Kansas on
Q: i live in Kansas. i have collection agency trying to collect money for a fine i owed the county. i never gotbilled by co

the 1st bill i received came from collections? since i had no contract with collections, do i have to pay them? Are they allowed to take me to court if i dont?

Joel Gary Selik
Joel Gary Selik
answered on Apr 24, 2023

If you owe the money, it does not matter if they gave you prior notice or that it is being collected by their collection agency.

1 Answer | Asked in Products Liability, Business Law and Small Claims for Kansas on
Q: Are there any cases where someone got flex seal in there hair and sued the company and won there case
Tim Akpinar
Tim Akpinar
answered on Sep 4, 2022

A Kansas attorney could advise best, but your question remains open for two weeks. Until you're able to discuss recent case law decisions from Kansas courts with a local attorney, it sounds like it could be a difficult basis for a case. With adhesives and sealants, it's a given that they... View More

1 Answer | Asked in Contracts, Real Estate Law, Business Law and Civil Litigation for Kansas on
Q: Can an 'adminstratively dissolved' non profit continue to make and enforce contracts?

Our HOA was administratively dissolved in 2009. We bought our home in 2020. The HOA has yet to reinstate their conpany and are trying to collect dues from us.

Matthew Morris
Matthew Morris
answered on Jul 24, 2022

A short answer is "no and yes."

Here's a longer answer: Any corporation in Kansas, including a nonprofit corporation, will generally lose their ability to engage in the purpose for which they were formed once they have been administratively dissolved. That's the...
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1 Answer | Asked in Business Formation and Business Law for Kansas on
Q: Hello, I am wanting to start a small business, but I am 16 and do not know the legal specifications to meet.
Scott C. Stockwell
Scott C. Stockwell
answered on Dec 6, 2021

Persons who are under the age of eighteen are not empowered by law to make their own agreements or obligations. The rule, generally speaking, is for the benefit of the minor, so that the minor is not committed to some obligation not in her or his benefit.

Before you turn eighteen, your...
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1 Answer | Asked in Business Law for Kansas on
Q: What is the laws for using scientific data for commercial purposes? And re write it

I am working on a project with an amazing woman. Making an app to help pregnant women with lactation questions, and problems. We are doing a lot of scientific data research just curious what the laws are for using their research in the app. What if it needs to be rewritten so that the normal human... View More

Scott C. Stockwell
Scott C. Stockwell
answered on Sep 8, 2020

The question could refer to statistical data, general theories supported by the data, or to copyrighted material. The answer may depend upon the information being used and the nature of the use being made. If the use is to cite general concepts, proper attribution may be sufficient. If the use is... View More

2 Answers | Asked in Copyright, Business Formation, Business Law and Intellectual Property for Kansas on
Q: Purchasing digital assets in a contractual manner from individuals?

Hey all!

I'm creating a software product to launch into the mass market, and I currently have a few people helping out with artwork for UI design and other digital assets. I've mentioned to them that I'd purchase all the assets they've produced in bulk after the final... View More

Barbara Berschler
Barbara Berschler
answered on Apr 27, 2020

Hopefully your project won't end in litigation. However, because there is a lot at stake, it would be good to work with local business counsel familiar with intellectual property issues before you proceed any further. It is important to remember that if you do not have a writing in place... View More

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1 Answer | Asked in Business Law for Kansas on
Q: what rule or law is being enforced?
Tim Akpinar
Tim Akpinar
answered on May 5, 2020

Something is missing from your question. It may have inadvertently gotten left off when uploading. You could try posting again. Good luck

Tim Akpinar

1 Answer | Asked in Business Law for Kansas on
Q: If you are doing business only as an LLC, does it make sense to have E&O for yourself as an individual?

I do contract computer programming and (since 2018) do this as a single member LLC. I am careful to do business only as the LLC.

When I renewed my E&O insurance last year I switched to the name of the LLC. Late in the process I asked if this would also cover me personally, in the event... View More

Scott C. Stockwell
Scott C. Stockwell
answered on Aug 19, 2019

Your question is about the extent of coverage of an E&O insurance policy. The extent of the coverage would be affected by the specific terms of the insurance policy. Rather than rely upon a blanket statement, you may want to have an attorney review your specific policy to answer the question.... View More

1 Answer | Asked in Business Law for Kansas on
Q: I own a welding shop in KS. Made repairs to a horse trailer, wasn't paid. How can I sell the trailer to pay for the bill

I have possession of the trailer. Owner paid part of the bill but has not made any contact for over 9 months. The Horse trailer is registered in Oklahoma but owner lives in Kansas. Was told can't do Mechanic Lien since I an a welding shop, not a mechanic. I don't know if a Quiet Title... View More

Scott C. Stockwell
Scott C. Stockwell
answered on Aug 19, 2019

Kansas staute 58-201 reads as follows: Liens for materials and services; filing statements with register of deeds, contents. Whenever any person, at or with the owner's request or consent shall perform work, make repairs or improvements or replace, add or install equipment on any goods,... View More

1 Answer | Asked in Business Law, Construction Law and Contracts for Kansas on
Q: What information shall I include in a construction contract ?

What information do I need to include in my bid ?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 3, 2019

Unless you enjoy making costly mistakes you should consult with a business lawyer before drafting a construction contract. Why? Because all reputable contractors have done this for a living; and because the contracts they use are written by their lawyers; and because unless you use a lawyer you... View More

2 Answers | Asked in Business Law for Kansas on
Q: If I did work on someone who is renovating houses then selling them can I file a lawsuit if they don't want to pay me?

The lawsuit would be more than 5,000. Or maybe some kind of lien on the house so he doesn't sell it before he pays me.

Scott C. Stockwell
Scott C. Stockwell
answered on Jun 25, 2019

If work is done as a subcontractor on residential real estate, there is a process provided for by statute to file a mechanic's lien on the property. For improvements to existing residential property, the statute is K.S.A. 60-1103A (for new residential property K.S.A. 60-1103B). The filing of a... View More

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1 Answer | Asked in Business Formation, Business Law and Gov & Administrative Law for Kansas on
Q: Can a single member LLC have a board of directors? if so does the state have to be notified?
Scott C. Stockwell
Scott C. Stockwell
answered on Jun 4, 2019

A limited liability company (LLC) in Kansas may have a structure as determined by the operating agreement. LLC's were created simplify governance as compared to regular corporations. The organizers/members of an LLC have broad discretion to define the control strucure. A single member LLC... View More

1 Answer | Asked in Business Law for Kansas on
Q: If my LLC is sued, is my other property, not in the LLC, protected from any liability?
Scott C. Stockwell
Scott C. Stockwell
answered on Aug 9, 2018

If a limited liability company is properly formed, operated, and capitalized, a judgment against the LLC would not normally be enforceable against the individual members of the LLC. You should consult with legal counsel to determine whether the company has been properly formed, operated, and... View More

1 Answer | Asked in Business Law for Kansas on
Q: I own a small share of KS office building. I retired & what my share of the value. What can I do with no agreement?
Scott C. Stockwell
Scott C. Stockwell
answered on Sep 20, 2017

If you directly own an interest in the building (your name is on the deed), there is a process called partition in which you file a lawsuit asking the judge to “partition” the property. If it is not possible to “partition” the property into seaprate, discrete parts, as would likely be the... View More

1 Answer | Asked in Banking, Business Formation and Business Law for Kansas on
Q: I am starting an online business through Digital Altitude. They have asked me to take out a line of credit. HELP!

I am starting an online business through Digital Altitude. I have to purchase the next level of the "pyramid" to make any money. There are lots of testimonials saying how amazing they are but I am still not sure. They have asked me to take out a $50,000 line of credit, through Oak Tree... View More

Scott C. Stockwell
Scott C. Stockwell
answered on Jun 27, 2017

You should proceed with caution and take no action without the advice of counsel. Your understood one set of circumstances to justify your initial involvement or investment. Now you are being asked to borrow money to "purchase" the next level. You have characterized the arrangement as a... View More

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