Arizona Business Law Questions & Answers

Q: Real Estate AZ. I am not a licensed realtor but can I set up an LLC company and receive referrals through the LLC?

1 Answer | Asked in Real Estate Law and Business Law for Arizona on
Answered on Apr 9, 2018
Peter H. Westby's answer
You can set up your business as an LLC but, if you will be performing services for others that are traditionally performed by licensed agents in Arizona, you will need to employ a licensed person and perform services under his/her license.

Q: We are representing ourselves in a litigation case against a home servicing company.

1 Answer | Asked in Banking, Business Law, Civil Litigation and Contracts for Arizona on
Answered on Mar 16, 2018
Michael Gerity's answer
Hello. I hate to say it, but this goes WAY beyond the kind of legal advice you should be seeking on an online question and answer forum. It's not really even clear whether you are the plaintiff or defendant, and it's nearly impossible to address issues relating to dismissal without a full understanding of the underlying facts of the case.

***Please note the important disclaimers set forth at the bottom of this page.***

Q: Forming an LLC with partner stationed overseas, while I live in Arizona.

1 Answer | Asked in Business Law for Arizona on
Answered on Mar 9, 2018
Peter H. Westby's answer
If Arizona is his home state you should use the address that he provided the military if this is still a good address. If not, you should have him authorize you to use your address. When you relocate to Guam you will need to update your information. You will also need to maintain a local statutory agent for service of process.

Q: Dissolving my LLC

1 Answer | Asked in Business Formation and Business Law for Arizona on
Answered on Feb 9, 2018
Michael Gerity's answer
Hello. You are experiencing first hand why these cut-rate online legal services are such a huge problem (and, I should add, how attorneys who do this kind of work often end up getting a fair amount of business trying to clean up all of the problems caused by these services.

Anyway, I'd be happy to try and help you, but I would need to know what exactly LegalZoom has and has not done so far. Have they filed the Articles of Organization with the Arizona Corporation Commission yet? Feel...

Q: I have a company name I want to use. There is LLC registered with the same name from nearly 15 years ago.

1 Answer | Asked in Business Law for Arizona on
Answered on Feb 5, 2018
Peter H. Westby's answer
I would use a different name. However, if this name is critical to your business, I recommend hiring a private investigator to locate the members of this LLC. Once located, you might negotiate a license to use the name or, perhaps, purchase the LLC itself. You must be certain that the LLC is clean with no debts or other liabilities before you purchase it if you intend to use it for your business.

Q: So I got hired by a company on 12/4 is my actual hire date the only reason I know is cause I got a letter from hr compan

1 Answer | Asked in Employment Law and Business Law for Arizona on
Answered on Jan 31, 2018
Salim U. Shaikh's answer
Given details are much confusing. Provide more specific details to render a specific advice.

Q: I am looking to start up a business that uses memorabilia from like Disney & Marvel ect.. Do I need anything special?

1 Answer | Asked in Business Law for Arizona on
Answered on Jan 30, 2018
Peter H. Westby's answer
Before you start your business you should speak with an intellectual property attorney. You may need licenses from Disney, Marvel and others to use their memorabilia, trade names, trade marks, etc. If you do not do this properly, you run the risk of being sued. A lawsuit could ruin a new start-up business.

Q: In response to a state courts’ granting defendants’ motion to dismiss my breach of contract action

1 Answer | Asked in Business Law for Arizona on
Answered on Oct 30, 2017
Michael Gerity's answer
You are going to need to review Rule 7.1 of the Arizona Rules of Civil Procedure and Rule 9 of the Rules of Civil Appellate Procedure. The latter controls the filing deadline for an appeal, and lists the specific types of motions that toll or extend the appeals due date. That list does NOT include Rule 7.1 motions, and Rule 7.1(e)(3) specifically provides that a motion for reconsideration doesn't count as one of the motions under Rule 9 and doesn't extend the appeal deadline.

So, you...

Q: My brother and I have been operating a business for the past 3 years without corporation and no tax returns.

1 Answer | Asked in Business Law and Divorce for Arizona on
Answered on Oct 24, 2017
Salim U. Shaikh's answer
Your question is much confusing. If I correctly understood you intend to dissociate from the said business being run by both of you without formal documentation. When detected you both might face severe financial penalties. Would be advisable to formalize your business with the help of a Corporate Attorney.

Q: Can a majority shareholder simply fire the entire board of a company with holding a formal shareholder vote?

2 Answers | Asked in Business Law for Arizona on
Answered on Oct 2, 2017
Salim U. Shaikh's answer
Firing of entire Board with majority vote (share) holding (randomly) can or cannot has been given in the Constitution of a Company ... specific answer to this question would only be appropriate to go through their Constitution.

Q: I ran a farmers market for 2 years. When it started to fail in 2015, I closed the business. Do I still owe its debts?

1 Answer | Asked in Business Law for Arizona on
Answered on Sep 20, 2017
Michael Gerity's answer
In a general sense, one of the goals of forming a business entity is to limit the liability of the owners to only what they put into the business and what it earns. However, the success of this goal depends on a lot of factors. You don't mention whether or not you actually formed a business entity, such as a corporation, LLC or partnership. Whether or not you did, and what kind of entity you used if you did, make a huge difference in addressing your specific situation. Even if you formed an...

Q: Hired n told i was going to make 11.37 a hr, got it on paper n found out im getting only ten, is that against the law

1 Answer | Asked in Business Law, Contracts and Employment Law for Arizona on
Answered on Aug 21, 2017
Richard Michael Gee's answer
Sounds like you've got a wage and hour claim. You should either contact an attorney who works in this area in your state or you may be able to call your state department of labor and see what they can do for you.

Q: sign 60mth contract for security alarm. Moved out of state. Is it it voided now?

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Consumer Law for Arizona on
Answered on Aug 14, 2017
Michael Gerity's answer
When it comes to interpreting any contract, it always boils down to the terms of the specific contract that you signed. With some notable exceptions, the courts and the law tend to stay out of contractual relationships, allowing parties to enter into contracts on terms to which both sides agree. As such, the answer to your question will be found right there in the contract that you signed. A lot of contracts like these (gym memberships, etc), where location is a critical element to providing...

Q: Can you be sued for referring another professional? Ex. can a cabinet company be sued for a counter top company referral

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Arizona on
Answered on Jul 31, 2017
Michael Gerity's answer
The bad news is that anybody can sue anybody else for anything any time. Our legal system is fairly efficient at then weeding out the baseless cases, or at least more efficient than most, but you simply cannot stop somebody from suing if that is what they are bound and determined to do.

Now, with that said, let's examine whether or not there might be any merit to a case for referring another professional. Basically, in order to establish liability, there would have to be some kind of...

Q: My 7yr old son walked out of his daycare and was found wandering 2mi away.

1 Answer | Asked in Contracts, Criminal Law, Personal Injury and Business Law for Arizona on
Answered on Jul 14, 2017
David Alan Wolf's answer
Certainly, the day care center was negligent. From a practical standpoint, most attorneys limit their practices to cases involving some form of physical injuries. The laws, standards of proof, and collectible damages may be limited by the applicable law in place. Most personal injury attorneys will provide a free consultation. Contact a local personal injury attorney. I think that the main challenge in the case concerns damages.

Q: Do I have to let my customers know who my wholesaler is?

1 Answer | Asked in Business Law and Consumer Law for Arizona on
Answered on Jun 11, 2017
Griffin Klema's answer
Your question is a bit vague because it's unclear what kind of business you are conducting, and thus it's impossible to give you any kind of real guidance. For example, there may be regulations (federal or state) that require certain disclosures to consumers. Otherwise no, generally you are not required to disclose that kind of information. In fact, sometimes that information can be considered a confidential business asset. Again, these are generalizations, and there is no way to answer your...

Q: What would be grounds to initiate a judgment against a business that has been operating with the same name as an inc?

1 Answer | Asked in Business Law for Arizona on
Answered on Apr 6, 2017
Jonathan R. Roth's answer
More information is needed to answer your question. The first question is who owns the first location now and is it owned by a company (Corporation, LLC)? The second question is who owns the second location and was the use of the name consented to by the owners of the first place. You need to contact a local attorney who handles corporate and trademark litigation. I suspect what has happened is that someone took over the second location and continued to use the name without any consent. If...

Q: Will my license get suspended or revoked in arizona. 7/8 points with criminal ticket on the way

1 Answer | Asked in Business Law, Civil Litigation, Criminal Law and Traffic Tickets for Arizona on
Answered on Dec 28, 2016
Matthew Maerowitz's answer
Possibly, if you accumulated 8+ points within a year then you face a three month suspension or Traffic Survival School. Each speeding violation (including criminal speeding) is 3 points. If you are eligible for Defensive Driving School, ask the judge to see if he or she will allow it. That would dismiss the charge and keep you from accumulating more points. I'd recommend hiring an attorney.

Q: In the state of Arizona, what would be required to deliver tobacco products (18+).

1 Answer | Asked in Consumer Law, Products Liability and Business Law for Arizona on
Answered on Oct 4, 2016
Peter Munsing's answer
You have to be licensed by the state, have a good accounting system for tax collection. Selling out of state? May run into laws on that. Start by contacting the secretary of State's office to see what would be required from the state.

Q: If you have a verbal agreement with a business partner to purchase a vehicle. He takes the cash & spends it instead.

1 Answer | Asked in Business Law and Contracts for Arizona on
Answered on Feb 23, 2016
Adam Studnicki's answer
More info is needed about the specifics.Depending on the amount of money involved, it could be a matter for small claims court.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you...

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