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Texas Business Law Questions & Answers
0 Answers | Asked in Banking, Business Law, Consumer Law and Contracts for Texas on
Q: BCHAPTER III - CREDIT REPORTING AGENCIES Sec. 1681i - Procedure in case of disputed accuracy.. how to check

I might have a case for this but I wanna make sure...

1 Answer | Asked in Business Law for Texas on
Q: I was promised by a company rep that they had a 30 day refund policy prior to purchase

Salesman had me complete purchase away from front desk where return policy is located. Then when tried to return they state they have a "no return policy". I have audio recording of rep stating I could return within 30 days, as discussed, on day I was trying to return.

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

Sounds like you have good solid evidence to support your claim that a term of your purchase was the right to return the merchandise for a refund within 30 days.

1 Answer | Asked in Business Law, Contracts, Consumer Law and Small Claims for Texas on
Q: Where do I file a small claim against a corporation headquartered in Ohio but conducts business in Houston, Texas

The Company is Divisions Maintenance Group in Ohio but operates a handyman app that provides a job load board for technicians anywhere in the nation. As we perform maintenance jobs for businesses in our local region, the businesses pay Divisions Maintenance Group for our services, and we get paid... View More

John Michael Frick
John Michael Frick
answered on Apr 19, 2024

In justice court, a suit on an oral or written contract for labor actually performed may be brought in the county and precinct where the labor was performed. TCPRC 15.092. So in the JP court for the precinct where the Sam's Warehouse where you performed the services is located.

1 Answer | Asked in Business Law, Civil Litigation, Copyright and Intellectual Property for Texas on
Q: How can I protect my domain name and website from creditors?
James L. Arrasmith
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answered on Apr 10, 2024

Attempting to hide or protect assets when facing debts or legal judgments could be considered fraudulent in many cases. The ethical and legal course of action is to pay valid debts that are owed.

If you are facing financial hardship, I would suggest speaking with a certified credit...
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0 Answers | Asked in Contracts, Real Estate Law, Business Law and Construction Law for Texas on
Q: Looking for experienced Homeowners Association Litigation against a Lot Purchaser in the Subdivision. Recommendations?

The Lot Owner hired a Builder who admitted to installing a Water Well in a prohibited location on the lot and have exceeded their one-year build timeframe. They are Violating the Purchase Agreement, Deed Restrictions and the Sudivision's Dedicatory Instrument known to as the Site Plan. The Lot... View More

0 Answers | Asked in Business Law and Civil Litigation for Texas on
Q: Hello, i have some concerns about out an HOA that collects monthly fees but there is NO BOARD, no meetings,

what can a homeowner do to find out where the money goes??? The area is falling apart & deed violations everywhere. No office to call. who is in charge

0 Answers | Asked in Business Law for Texas on
Q: Can a buying and selling realtor agent work as partners out of the same office in Texas?

We were talking to a real estate agent about buying a house. She told us that she was partners with the selling agent and that I shouldn't tell her (the buying agent) anything I wouldn't want the other party to know. Such as if we were willing to pay more than asking price because she... View More

1 Answer | Asked in Business Law for Texas on
Q: I closed my business this week and now members are asking for refunds on their accounts. The contracts state no refunds

What are my legal financial responsiblilities? This was a service based business

John Michael Frick
John Michael Frick
answered on Mar 27, 2024

As long as you provided all of the services you contracted to provide to your "members," you have no obligation to refund their payments if your contract expressly provides no refunds.

Where some service-based businesses get into trouble is when they contractually obligated the...
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1 Answer | Asked in Tax Law and Business Law for Texas on
Q: Do I have to charge sales tax for video editing services in Texas?

If I do a video edit for a client and they provide me all the footage do I need to charge them sales tax?

James L. Arrasmith
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answered on Mar 25, 2024

In Texas, not all services are subject to sales tax; however, there are specific services that do fall under taxable categories. While the state's general approach leans towards taxing tangible personal property, certain services, especially where tangible personal goods are not primarily... View More

2 Answers | Asked in Contracts, Business Law, Civil Litigation and Collections for Texas on
Q: I just got served in a civil action lawsuit against a company I'm an independent contractor for, and have no ownership

The Civil Action Lawsuite is against Fresh Central Trading LLC., it names its President and Owner A.G., and also then names me. When I read the documents it states that I'm an owner and officer of the company and I'm just an independent contractor from Canada who is here on a TN Visa... View More

John Michael Frick
John Michael Frick
answered on Mar 19, 2024

If you are named as a party in the lawsuit, you have less than three weeks from when you were served to hire an attorney to file an answer on your behalf to the lawsuit. (In Texas state court, your answer must be filed no later than the first Monday following the expiration of twenty days from the... View More

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1 Answer | Asked in Business Law, Collections and Construction Law for Texas on
Q: Is a Texas City entity required to act as surety for sub-contractors on projects under $50,000 with no Bond in place?

City of Princeton, TX awarded a contract for $49,720 (no bond required) to their vendor. The vendor hired my company to do the whole wireless project for $45,500. We completed the project and provided all the hardware. The city paid the vendor, the vendor has refused to pay us. The city claims they... View More

John Michael Frick
John Michael Frick
answered on Mar 14, 2024

No, a city is not required to act as surety for subcontractors. You have a valid cause of action for breach of contract against the person or entity you contracted with.

There are numerous things that could be in that subcontract to protect you from that person being paid by the City and...
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1 Answer | Asked in Arbitration / Mediation Law, Business Formation, Business Law and Contracts for Texas on
Q: Hello, Is my sister entitled to all money from a failed joint business venture?

My sister started a business w/her sister but couple months later got upset because it became overwhelming for her, requested to be released from the business, &wants all her money bk.

Tim Akpinar
Tim Akpinar
answered on Mar 19, 2024

A Texas attorney could advise best, but your question remains open for three weeks. It could depend on the terms of the business venture (agreements between the parties) and their conduct. This is a fact-intensive matter. There is no universal cookie-cutter answer. An attorney would need to see how... View More

1 Answer | Asked in Contracts, Copyright, Business Law and Employment Law for Texas on
Q: Do I have legal rights to photos and videos taken while working at a company?

For two years I worked at a dog training company. During this time I took photos and videos of the dogs and training for my personal social media, the companies, and for owner updates. When a past employee left the company she was told she wasn’t allowed to keep the images posted to her social... View More

James L. Arrasmith
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answered on Mar 2, 2024

When you create content such as photos and videos while working for a company, the ownership of that content often depends on the terms of your employment and any agreements you might have signed. In the absence of a specific contract regarding media rights, the situation can become complex.... View More

1 Answer | Asked in Business Law and Communications Law for Texas on
Q: Verbal agreement

If my father and I have been working to purchase a business and don't have a written contract but there are communications between us in email and text. Now we don't see eye to eye can I remove him from continuing to pursue the business while I continue on to purchase it without him?... View More

John Michael Frick
John Michael Frick
answered on Feb 21, 2024

It depends on whether you and your father have an actual verbal agreement or have just been "working to purchase" the business and whether your father has incurred any costs in reliance on any promises you have made.

To determine your best strategy to disengage with your father,...
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1 Answer | Asked in Consumer Law, Real Estate Law, Business Law and Civil Rights for Texas on
Q: If I paid for a package for real estate licensing but got sick with a chronic illness can I get a refund?

I purchased a real estate package course however I got diagnosed with a chronic illness and was not able to attend school. I do have documents some are from my attorneys who are helping me file a disability claim or an SSDI claim. I guess my question would be is it right practice for them to... View More

James L. Arrasmith
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answered on Feb 24, 2024

While it ultimately depends on the policies of the institution or company from which you purchased the real estate licensing package, many organizations have provisions for refunds or accommodations in cases of unforeseen circumstances such as illness or disability. Providing documentation of your... View More

2 Answers | Asked in Business Law, Communications Law and Consumer Law for Texas on
Q: Can I sue my university my media advertising major went obsolte the year I graduated 2010
John Michael Frick
John Michael Frick
answered on Feb 16, 2024

It is highly unlikely any such lawsuit would be successful.

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1 Answer | Asked in Contracts and Business Law for Texas on
Q: I am a Pro se filer. I have filed everything thru responding to Defendants answers. Is the next step going to trial?

I have filed a civil suit against my 3 former business partners for 18 counts of violating our Articles of Incorporation and 8 counts of Member Oppression. I had invested my money, not getting paid until we were cash-flow positive, one partner hired 2 of his friends, paid them from day 1 when I was... View More

John Michael Frick
John Michael Frick
answered on Feb 8, 2024

After the first Defendant's answer is filed, you must make your mandatory disclosures under Rule 194 within thirty days. Then, the discovery period begins and lasts nine months during which any party may take depositions, serve written requests for admissions, requests for production, and/or... View More

1 Answer | Asked in Arbitration / Mediation Law, Business Formation, Business Law and Contracts for Texas on
Q: What legal weight do I have should a business ownership dispute require legal mediation?

My partner and I share 50/50 of a business we just started. We are mere weeks away from our first sale and now his wife wants 4% ownership of the company, which they both expect me to give up 2% to her because she came up with the idea. In the beginning she said she didn't want to be an owner,... View More

Tim Akpinar
Tim Akpinar
answered on Feb 19, 2024

A Texas attorney could advise best, but your question remains open for two weeks. But this may be a difficult question for any attorney to answer in the brief format of this Q & A forum. If you reached out to attorneys, it's likely that instead of a quick yes or no answer, law firms would... View More

1 Answer | Asked in Contracts, Arbitration / Mediation Law, Business Law and Small Claims for Texas on
Q: Late fee and unpaid sales commissions

Hi. As a freelancer in TX, client in AZ was chronically late needing numerous reminders for every invoice(12mo consecutively - except for the first)

For one invoice I added a 10%/mo late fee. Client eventually paid the invoice late, yet now months later he is ignoring the late fee. By... View More

John Michael Frick
John Michael Frick
answered on Feb 6, 2024

The act of paying the principle amount of an invoice, but not the late fee, when you unilaterally added a late fee to the invoice without the client's agreement does not create a contract pursuant to which the client agreed to pay a 10% late fee. Under the Texas Finance Code, an unpaid amount... View More

2 Answers | Asked in Business Formation, Business Law and Tax Law for Texas on
Q: Would I need to register another DBA if the base name of the business is the same?

For example, "Green Horn Retail" and "Green Horn Warehouse" or "Green Horn Retail Warehouse"

T. Augustus Claus
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answered on Feb 1, 2024

In Texas, if you are operating multiple businesses under variations of the same base name, such as "Green Horn Retail" and "Green Horn Warehouse," you may not necessarily need to register each one as a separate Doing Business As (DBA) entity, especially if they are operated as... View More

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