Business Law Questions & Answers

Q: Am I bound to an agreement that wasn't countersigned even if I signed, sent a 50% deposit, and work has started?

1 Answer | Asked in Contracts, Arbitration / Mediation Law and Business Law for California on
Answered on May 27, 2017

Have a lawyer review the contract and the facts to determine your rights and duties. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
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Q: Cardealer wrote wrong make model and vin number on sale contract, now they want to change it because other car is more $

1 Answer | Asked in Banking, Business Law, Contracts and Consumer Law for New Jersey on
Answered on May 27, 2017

No you can't demand the better car it was a mistake and the you have no right to it.
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Q: My boyfriend got in a argument with his whole family and he hit his sister boyfriend with a bottle

1 Answer | Asked in Business Law, Divorce and Domestic Violence for California on
Answered on May 26, 2017

He may face felony assault/ battery charges, and the sentence depends in part on his priors. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...
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Q: What kind of licencing and fees in order to open this business?

1 Answer | Asked in Business Law and Business Formation for California on
Answered on May 26, 2017

You may need a contractor's license and a business license, at least. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody,...
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Q: What are the rules concerning cancelling a non month-to-month copier maintenance contract in California? Thank you!

2 Answers | Asked in Consumer Law, Contracts and Business Law for California on
Answered on May 26, 2017

What does the contract say? That is key. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer...
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Q: Conflict of laws

4 Answers | Asked in Business Law and Contracts for New York on
Answered on May 26, 2017

You are free to choose, but NY is most likely preferable.
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Q: Business contracts from one state to another.

2 Answers | Asked in Business Law and Contracts for New York on
Answered on May 25, 2017

It depends if the contract chooses a law, then that governs. If no law is chosen, it depends on the issue. There is a whole academic topic called "Conflict of Laws" on this issue.
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Q: Can a PLLC own a subsidiary that offers a related but non-professional service?

2 Answers | Asked in Business Law for New York on
Answered on May 25, 2017

No. The owner would have to be the individual who also owns the PLLC. This should not change tax analysis.
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Q: Would a UCC search on an entity show me all liens, warrants, and the like available in public records for that entity?

1 Answer | Asked in Mergers & Acquisitions and Business Law for Florida on
Answered on May 25, 2017

It will show you all commercial liens, but not necessarily all warrants or judgments or attachments. Likewise, it will not show you state or federal tax liens or liens against real property. Tax liens you need to check with the state and federal government sites. IRS liens can be searched at the Federal Court closest to you usually. For state tax liens contact the state Treasury or department of revenue for the state. Mortgages and other liens on real estate will be found where the deed to...
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Q: if i have a small business that is an s-corp how do i pay myself? do i write my self a check or set up a wire transfer?

1 Answer | Asked in Banking, Business Formation, Business Law and Employment Law for Georgia on
Answered on May 25, 2017

Generally, with an S corporation, if you are working in the business, you would have to pay yourself a reasonable salary and the balance of profits could be distributed to you as the shareholder. You should consult with a certified public accountant or tax attorney regarding your obligations with an S corporation, including the requirements regarding payment of salary and distribution of profits.
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Q: Subject Matter Jurisdiction (personal)

1 Answer | Asked in Contracts, Business Law and Civil Litigation for Ohio on
Answered on May 25, 2017

No, appearance in court without contesting personal jurisdiction is consent and there's no "duped" exception.
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Q: If I sold my share of a small business , and that buyer's lease gets terminated after 14 months, can he come after me?

1 Answer | Asked in Business Law for California on
Answered on May 24, 2017

It depends on the terms of your sale agreement and any contracts you made in your business with clients and 3rd parties. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: if I was to start a music label could I use the name Universal Digital Group or would that conflict with Universal music

2 Answers | Asked in Business Law, Copyright, Business Formation and Trademark for California on
Answered on May 24, 2017

The test for infringement under Trademark Law looks at the likelihood of confusion for an ordinary consumer. You would ask whether an ordinary consumer is likely to be confused over the provenance of a product or service. Trademarks are product-specific, which is why there can be a Klein Honda as well as a Klein bicycle brand without there being a likelihood of confusion. In your case, however, it seems as though you would be in the exact same product space, and it would be very likely that a...
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Q: If property slip 3ways and 2 wanthe to sell put the 3rd person dosnt not can't the 2 sell it out from under the 3person

1 Answer | Asked in Real Estate Law, Business Law and Landlord - Tenant for Utah on
Answered on May 24, 2017

They can only sell their interest in the complex. If they own it together as tenants in common (most likely but I can't say for sure without looking at the deed), then they can sell their interest. I could be 66.66% or something else. They can't make him sell unless they successfully petition the Court to order a partition of the property in which case they could force a sale.

Until the realtor can show you the title with only her name on it, then you don't' have to listen to her. I...
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Q: The job interview I went to, the job description sent to me, the offer to me, and the job I accepted was a..

1 Answer | Asked in Employment Law, Workers' Compensation, Business Law and Employment Discrimination for California on
Answered on May 23, 2017

Sounds to me like fraud and breach of contract. I recommend you find a competent employment law firm to assist you with your claims.
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Q: Can owner of project demand me to credit part of job based on payment schedule G703 form.

1 Answer | Asked in Business Law, Contracts, Construction Law and Government Contracts for New York on
Answered on May 23, 2017

The short answer is that you have to carefully look at the contract and scrutinize the obligations each of you have. The long answer begins with "it depends..." Basically the rules of contract law will government, when there is a breach each side has a duty to mitigate damages / losses. Inadequate or shoddy workmanship does qualify as performance on a contract and therefore doesn't obligate the other party to pay.
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Q: I'm a partner and I'm about to leave a LLC partnership and have the following questions.

1 Answer | Asked in Business Law for Florida on
Answered on May 23, 2017

The answers to your questions will depend upon a variety of factors and this system is not designed to handle.

My suggestion is that you need to consult with a business law attorney in the Jacksonville area and provide him or her with a detailed breakdown of each of this items or categories so that they can give you the specific advice that you need.
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Q: Is a corporate conversion permissible from NY corp. to another jurisdiction? Statute silent.

1 Answer | Asked in Business Law for Florida on
Answered on May 23, 2017

To my knowledge you cannot convert a corporation established in one state to become a corporation in another state. However, there is a way to accomplish your goal of moving the corporate structure from NY to Florida.

I suggest that you consult with a business attorney to discuss the procedures and steps to take. (There is a provision under the IRS code to allow the assets of one corporation to become / transfer to a new corporation so that for purposes of the corporate existence and...
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Q: My father wants to take over a printing business and wants me to put the business in my name. He has an investor friend

1 Answer | Asked in Business Formation, Business Law, Family Law and Mergers & Acquisitions on
Answered on May 23, 2017

First as the owner you will be responsible for all debts and operations of the business. So to start, the business should be put in a corporation or LLC. You can be the sole manager and thus have control of the business and the investor and your father can own percentages of the business as well. I think you need to speak to an attorney and make sure you are protected so that this business does not put you in bankruptcy if something goes wrong. If the business leases property, you may need...
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Q: i need to know what this title 23 entails for me to get workers compensation for my home improvement business.

1 Answer | Asked in Business Formation, Business Law and Workers' Compensation for Louisiana on
Answered on May 22, 2017

The state licensing board wants to see that you are qualified (its test requirement) and have some, limited assets - including the financial starting funds and insurance policies -- to protect not only any workers that you hire (or that are uninsured), but also any third person that might be harmed from your work. The General liability and workers' compensation policies also protect you in the event of such claim/suit. You should call an insurance agent and inquire about starting prices for...
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