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Texas Business Law Questions & Answers
1 Answer | Asked in Consumer Law and Business Law for Texas on
Q: I’m a trying to purchase a vehicle from Texas. I live in Iowa. The TX dealership says I HAVE to pay for the Safepoint.

The dealership says it’s the law in TX you are required to have Safepoint. I live in Iowa. They say they already installed it. This is a used 2022 Tahoe. They are also charging me for VIT, which my research says is not my cost. The dealership claims it made a “mistake” in the price and... View More

John Michael Frick
John Michael Frick
answered on Jan 30, 2024

VIT is a property tax assessed on the dealer, not on the purchaser. While a dealer can list VIT reimbursement on a sales contract, it is not required by law to be paid by the purchaser and is a negotiable term of any sales agreement.

Texas law does not require a vehicle to have Safepoint...
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1 Answer | Asked in Business Law for Texas on
Q: Is it more effective to have 2 attorneys send demand letter for short pay of contract when the cost is not that much?
John Michael Frick
John Michael Frick
answered on Jan 29, 2024

Probably not. Having one attorney send a demand letter probably satisfies any legal requirement and has as much of an impact as having two different attorneys send similar demand letters.

1 Answer | Asked in Divorce, Family Law, Business Law and Collections for Texas on
Q: Per decree indemnity clause am I entitled to be reimbursed legal & receivers fees paid to collect judgement ($200K)?

I was awarded 70% of marital estate. Ex sold the asset (our business) while under standing orders for purported zero dollars even though I was awarded value of $2m. I have paid over $200k to attorneys and receiver to try to collect. Ex has been sent to jail twice for contempt. One receiver even... View More

John Michael Frick
John Michael Frick
answered on Jan 26, 2024

Attorney fees are typically recoverable in a suit to enforce an indemnity obligation just as they are in any other suit on a written or oral contractor.

A receiver's fee is typically paid from the money recovered by the receiver "off the top." Whatever proceeds remain and...
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1 Answer | Asked in Contracts and Business Law for Texas on
Q: Is there a difference between a Letter of Intent and a Purchase Agreement?

Can a Letter of Intent be used as a Purchase Agreement?

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

A letter of intent is customarily a non-binding instrument outlining the major terms of a contemplated transaction.

A purchase agreement is customarily a binding contract containing a complete and detailed agreement as to all aspects of a transaction.

It would be difficult to...
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2 Answers | Asked in Business Law and Health Care Law for Texas on
Q: can I write M.D. after my name as a health book author?

My M.D. degree is from abroad, I did not get license in USA and I do not practice here (I work in biotech).

The book is educating people about medical conditions and healthy lifestyle. I do not present myself as a practicing doctor, but because I have M.D. education and degree, I consider... View More

James L. Arrasmith
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answered on Jan 15, 2024

In the United States, the use of academic titles, such as M.D., is generally permissible as long as it's clear and truthful about one's qualifications and does not mislead the public. Since you earned your M.D. degree, you can include it after your name on the book cover. However,... View More

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1 Answer | Asked in Business Law for Texas on
Q: I fired my lawyer in early November. he recently filed for a motion to remove counsel. I submitted a response. What now?

my response was submitted in with the district county clerk. my response stated the day i fired the attorney. I also submitted email screenshots with my response were the attorney is acknowledging that i fired him.

Simone Nisbett
Simone Nisbett
answered on Jan 16, 2024

If your fired your attorney, it is normal that they would file a motion to withdraw as counsel in turn so that they can make the court and any opposing counsel aware that they are no longer your representative. The next step would be to make sure to communicate with them about the status of any... View More

1 Answer | Asked in Business Law, Intellectual Property, Internet Law and Trademark for Texas on
Q: If I write product review articles online under the persona of a fictional character, how would I disclose that?

I am starting an affiliate marketing website to write product review, comparison, advice-type articles but creating a character which I want to credit the articles to instead of using my own name and likeness. I am trying to find out how to do this without misleading my readers but I don’t want... View More

James L. Arrasmith
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answered on Jan 1, 2024

When creating content under a fictional persona for your affiliate marketing website, it's important to maintain transparency without overwhelming your readers with disclaimers. This balance is key to establishing trust while respecting your creative approach.

A subtle yet clear way to...
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1 Answer | Asked in Copyright, Business Law and Intellectual Property for Texas on
Q: How can I use a portion of an Excel screenshot in an educational ebook about Excel?

MIcrosoft copyright guidelines state that portions of screenshots cannot be used. I have a need to show many specific, zoomed in areas of the Excel interface

James L. Arrasmith
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answered on Dec 19, 2023

In the United States, the use of copyrighted material, such as Excel screenshots, for educational purposes may fall under the category of "fair use." However, this is a complex area of law and depends on various factors, including the purpose of use, the nature of the copyrighted work,... View More

2 Answers | Asked in Immigration Law, International Law, Education Law and Business Law for Texas on
Q: Can International Students Open an LLC in the state of texas?

I have a question about establishing an LLC in Texas. Is it possible for international students to form an LLC in the state, considering the restrictions on off-campus work? Specifically, if we hire employees from other countries to perform the work, is this a viable option? Additionally, if... View More

James L. Arrasmith
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answered on Dec 12, 2023

International students in Texas can establish an LLC, but it's important to navigate this carefully due to visa constraints. Your student visa status, typically an F-1, places limitations on off-campus employment. However, owning an LLC doesn't automatically equate to employment.... View More

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1 Answer | Asked in Business Law, Construction Law, Employment Law and Landlord - Tenant for Texas on
Q: Need to know about plumbers not explaining anything to tenants as pertains to the Texas law.

I have a property management company who is threading to stop useing my services because I told the tenant then water heater needs replacement. I have a special needs child and a split if wife . They constantly threaten me with this as I am a new company ? But have worked with same property... View More

John Michael Frick
John Michael Frick
answered on Nov 7, 2023

I see no legal issue. A property management company can stop using a plumbing contractor if they want to. A plumber can tell a tenant a water heater needs to be replaced if it does.

3 Answers | Asked in Business Law and Contracts for Texas on
Q: Do you handle cases for breached agreements?

On Jan 2021, my wife and I signed an agreement with Beauty Supply Institute, Mableton, GA and we live in Rosenberg, TX. Per the agreement, we would pay $40,000 and after leased a location, BSI would send fixtures and product needed to open our store. We received our fixtures and some of the hair,... View More

John Michael Frick
John Michael Frick
answered on Nov 3, 2023

Yes, I do handle cases for breached agreements. If you are seeking an attorney, you need to contact that attorney directly. Justia has attorney listings for attorneys who may answer questions in this "Ask a Lawyer" forum.

While you can get free answers to relatively simple...
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3 Answers | Asked in Business Law, Contracts, Bankruptcy and Consumer Law for Texas on
Q: Is the new Scribe Media liable for previous contracts?

Scribe Media LLC just filed for bankruptcy. Their assets were previously sold to a second business named Enduring Ventures, which has since been operating under the Scribe Media name. As a client that has not received services paid for under contract with Scribe Media LLC, is this "new"... View More

James L. Arrasmith
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answered on Nov 5, 2023

The responsibility of the new entity (Enduring Ventures operating as Scribe Media) to honor contracts from Scribe Media LLC depends on the specifics of the bankruptcy case and the asset purchase agreement. If Enduring Ventures purchased the assets of Scribe Media LLC free and clear of its... View More

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1 Answer | Asked in Business Law, Contracts and Small Claims for Texas on
Q: My Dell computer package was stolen off of my porch, there were no witnesses.Dell won't help and I'm stuck owing $800?

I ordered a laptop from Dell and when it was supposedly delivered I opened the door and nothing was there I was told to file a claim with the police by Dell because it was assumed to be stolen. There was no real investigation to my knowledge and Dell marked the case as fraud. The laptop was $800... View More

Darryl "D" Shaper
Darryl "D" Shaper
answered on Nov 9, 2023

did you see if your credit card company has any protections for lost or stolen purchases? Some do.

2 Answers | Asked in Tax Law, Animal / Dog Law and Business Law for Texas on
Q: What type of lawyer do I need to form an LLC for a self employed individual?

Dog training private lessons

T. Augustus Claus
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answered on Oct 19, 2023

In Texas, you would generally need a business or corporate lawyer to assist with forming an LLC for your dog training private lessons business. These lawyers specialize in issues like entity formation, contracts, and compliance with state and federal laws. Some may also have experience specific to... View More

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1 Answer | Asked in Business Formation and Business Law for Texas on
Q: Must a Delaware private nonprofit foundation register in the states it wants to donate to nonprofits and individuals?

I want to form a private foundation in the state of Delaware, and donate funds to nonprofits and individuals in other U.S. states, including Texas where I currently live. It only takes one person to form a private foundation or nonprofit in Delaware, whereas in most other states it takes three... View More

Diren Wickrema Singhe
Diren Wickrema Singhe
answered on Oct 24, 2023

Thanks for your inquiry. Without getting into the issue of the appropriate entity type and state for your planned foundation, let’s just focus on the issue of whether you would need to register your planned Delaware entity as a foreign entity in Texas.

First, it is important to consider...
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1 Answer | Asked in Consumer Law, Business Law, Elder Law and Energy, Oil and Gas for Texas on
Q: I have an elderly neighbor who was overcharged for solar panels. Can he sue for any recovery of the diffetence to ave?

He also was not properly advised how to get savings and his bill went up from what it was. Plus he was not advised to change insurance coverage and was denied assistance when damaged diring warranty period.

Aimee Hess
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Aimee Hess
answered on Oct 13, 2023

A consumer law or energy attorney will need to review his contract and loan documents in order to determine what his rights are.

1 Answer | Asked in Business Formation and Business Law for Texas on
Q: Is it legal to dissolve an LLC in New York and reform it in Texas?

In June of this year, I filed articles of organization for an LLC in New York City. In early July, I filed articles of dissolution. Based on a search of the DOS public database, it appears my LLC was successfully dissolved.

I have recently moved to Texas, and I am interested in reforming my... View More

Sul Lee
Sul Lee
answered on Oct 19, 2023

Yes, unless a similar name already exist in Texas, you can re-incorporate using the same name; however, if it has not been long, you may want to wait to prevent any confusion. If the NY company's activities were limited and thus would not likely to cause any confusion, you should be fine.

3 Answers | Asked in Contracts, Business Law and Construction Law for Texas on
Q: How do I file a lawsuit against someone who owes me around 30k?

This is for services rendered.

John Michael Frick
John Michael Frick
answered on Sep 29, 2023

Given the small amount involved, you might consider filing in county court at law pro se. Unfortunately, the jurisdictional limits of our JP courts is $20,000.

You might consider hiring an attorney if you are certain the proposed Defendant has more than sufficient non-exempt assets to...
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1 Answer | Asked in Criminal Law, Employment Law and Business Law for Texas on
Q: I work for a hotel chain which is individually owned operating under a well known corporation. ( La Quinta Inn and Suite

I work for a hotel chain which is individually owned operating under a well known corporation. ( La Quinta Inn and Suites by Wyndham ) Wyndham offers members the ability to earn points on each stay that can be used for discounted rates/free nights. as a desk agent, I have the OPTION, not mandatory... View More

John Michael Frick
John Michael Frick
answered on Sep 29, 2023

Clearly yes. You intentionally took something of value that did not belong to you without the owner's consent. You should hire a criminal defense attorney ASAP.

1 Answer | Asked in Consumer Law and Business Law for Texas on
Q: Hi I lost a fraud case that I should've won for my business help please!

A card was reported stolen for a couple thousand of dollars. I completed the work and never received the money on top of that the CRM/Payment I use is taking the money from my incoming payments to pay back the debt. They were incharge of disputing the case on my behalf with the information I sent... View More

John Michael Frick
John Michael Frick
answered on Sep 11, 2023

If there has already been a lawsuit which you have lost, you have 30 days from the date the final judgment was signed to file an appeal. On appeal, you will be limited to the evidence and legal arguments contained in the appellate record. You should retain an experienced appellate lawyer to... View More

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