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Business Law Questions & Answers

1 Answer | Asked in Consumer Law and Business Law for Texas on

Q: can a car dealership choose which customer gets warranty on vehicle

Tim Akpinar answered on Aug 23, 2019

As a general matter, dealerships don't usually care which customer gets a warranty as a personal matter. However, they can choose in the sense of someone getting a warranty and a subsequent buyer of the vehicle attempting to enforce it. That would depend on whether the warranty was transferrable or... Read more »

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Business Law on

Q: question about dropshipping in canada

i run a drop shipping service in Canada and i cannot atm provide customers with the option of returning or exchanging items.

my question is this: can i legal disclaim this in my terms of service:

"We do not accept any item returns nor do we provide refunds. all exchanges are final.... Read more »

Peter N. Munsing answered on Aug 22, 2019

If it's legal in Canada you may, but it depends very likely on if it's consumer goods or trade goods. How would you have "exchanges" if you don't accept returns? If it's your business, it's worth having a qualified Canadian attorney who handles commercial shipping issues take a look at it.

1 Answer | Asked in Business Law, International Law and Products Liability on

Q: ORDERPLUS INTERNATIONAL LIMITED don't fulfill orders. I paid them months ago, the products haven't been shipped. SCAM

Peter N. Munsing answered on Aug 22, 2019

File a protest with your credit card. Some will get your money back for you. Notify the cops and see who they send you to.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Virginia on

Q: Can a company change the rules to a giveaway the day before the drawing?

I am having a difficult time finding a lawyer for this issue. I began playing at the new Rosie's locations since they opened in May, I started playing there when they launched a Giveaway for cash prizes and a car with a cash option if I did not want the car. I played their locations and accumulated... Read more »

F. Paul Maloof answered on Aug 22, 2019

I regret that I do not handle this type of matter. You may want to contact the Office of the Attorney General for Virginia and ask them your questions.

1 Answer | Asked in Business Formation and Business Law for Florida on

Q: I need to issue 9,000,000 additional shares to my existing 1,000,000 share c-corp in Florida. How can I do that?

Bruce Alexander Minnick answered on Aug 22, 2019

You do it the same way you issued the first one million shares.

1 Answer | Asked in Business Formation, Business Law and Consumer Law for Missouri on

Q: IF I CANT AFFORD THE CAR I PURCHASED ( MONTHLY PAYMENTS ) CAN I ASK THE CREDITOR TO REPOSSESS THE CAR?

I NEVER PAID THE SALES TAX ON IT, I CANT AFFORD THE TAXES,$1800, IT WAS NEVER TITLED IN MY NAME, IVE BEEN DRIVING AROUND WITH MY OLD PLATES FOR 6 MONTHS, AND IM 3 MONTHS BEHIND IN THE PAYMENTS. I NEVER SHOULD HAVE PURCHASED THE CAR, ITS ALMOST $ 400 A MONTH, AND MY HOURS AT WORK HAVE BEEN CUT. CAN... Read more »

Ronald J. Eisenberg answered on Aug 22, 2019

You can ask. If it gets repossessed it will be resold and you'll probably be sued for the deficiency, however.

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Employment Law for Oregon on

Q: My employer has been breaking multiple employment laws , he removed his hard drive when he switched payroll co. Strange?

I didn't receive any online paystubs for my direct deposit the entire time my employer used this online payroll company . He switched companies and got a new computer , him and his friend that switched out computers , put up a bunch of security cameras all over the resteraunt. I find this strange... Read more »

Jeff Merrick answered on Aug 22, 2019

Greetings,

This sounds very bad.

I might be willing to help, but first I need to know who is the employer and owner of the business. Also, where you worked and when this all happened.

Jeff Merrick

merrick@jeffmerrick.com

503-665-4234

1 Answer | Asked in Consumer Law and Business Law for Nebraska on

Q: Is it illegal in the state of Nebraska for a hotel to evict a guest from a hotel room if they overstay their reservation

...if they have a valid form of payment even though the room was reserved by someone else for that date several months earlier?

Julie Fowler answered on Aug 21, 2019

A standard hotel doesn't generally need to evict. When the reservation ends, their license to reside in the hotel also ends. How a hotel handles when a person wishes to continue their stay and another person has booked a reservation for the same room isn't likely an eviction question but a hotel... Read more »

1 Answer | Asked in Business Law and Probate for California on

Q: my 50 50 partner in a c corp passed away in may with no will. should I appoint a new board member or not? can I ?

Richard Samuel Price answered on Aug 21, 2019

You'll have to review the bylaws and/or the shareholder agreement for any clauses of what would happen if a shareholder dies. If the bylaws and/or shareholder agreement are silent on the issue, then California law applies, which is complex. You should contact an attorney near you for advice.

1 Answer | Asked in Employment Law and Business Law for Oklahoma on

Q: Non-compete enforcement in Oklahoma

My son signed a non-compete agreement with a friend that has a mobile car detailing business. The friend did not provide for him so he started his own mobile car business. Now the friend is suing for non-compete. We live in Oklahoma. My son has not solicited any existing customers but has... Read more »

Benjamin Oxford answered on Aug 21, 2019

Oklahoma Courts look unfavorably at non-compete agreements, and certain types of these agreements are unenforceable. That being said, it's not absolute. Your son needs to contact an attorney immediately. If he has been sued, he may need to respond to the lawsuit or risk a default judgment being... Read more »

1 Answer | Asked in Business Formation, Business Law, Intellectual Property and Trademark for Arizona on

Q: Question re: intellectual property (software, trademarks), closing a CA LLC partnership, and marital property and debt.

I want to hire someone for legal advice but don't know what type attorney I need.

I had my own IT business prior to marriage. While married I formed a CA LLC partnership with then husband and a family member of his.

I filed for divorce and it went through uncontested, but the LLC... Read more »

Karima Gulick answered on Aug 20, 2019

you need a business attorney and possibly a family lawyer as well.

1 Answer | Asked in Probate, Business Law and Estate Planning for California on

Q: my 50 50 partner in a c corp passed away in may with no will. her stock shares are going to probate.

in probate, will they simply give away her shares of stock? or will they also valuate the company and demand a payment be made to the new shareholder? he is not a director, manager or majority shareholder in the company.

Bill Sweeney answered on Aug 20, 2019

If valued over $150,000, the share ownership will likely be probated and the shares will likely be distributed to the intestate heirs. You should retain competent counsel to review your situation, including any agreements between the shareholders regarding death of a shareholder.

1 Answer | Asked in Business Formation, Tax Law and Business Law for Iowa on

Q: What is the least expensive way to buy into an LLC with regard to Iowa and federal tax cost?

Father and two siblings put farm into LLC (split 50/25/25). One of the siblings is going to nursing home and selling their membership units (25%). An agreed price has been established for units. Should the LLC buy the seller's units and then sell them to me? OR Should I buy into the LLC first? What... Read more »

D. Mathew Blackburn answered on Aug 20, 2019

You need to hire a professional. There's a few things in your question that are not correct in regards to how an LLC functions. You're going to need more detailed advice than should be given through this forum.

1 Answer | Asked in Banking and Business Law for New York on

Q: Do I have to file a restated certificate if I already filed an amended certificate of incorporation?

I’m a single owner of my corporation trying to get an SBA Loan through a bank.

Michael David Siegel answered on Aug 20, 2019

I do not know what a "restated" certificate is. What are you trying to do?

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 fits what I... Read more »

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, personal... Read more »

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 that... Read more »

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. As... Read more »

1 Answer | Asked in Employment Law, Business Formation, Business Law and Intellectual Property for Tennessee on

Q: Deformation, lost wages, emotional distress. Investor for start up. Wanted 40% after 3mo in. Can I sue!

Contracts with local clients- established. Investor wanted to deposit “monies” from unknown sources into business account. I am a Lease holder and investor has put myself and the employees out. Investor has made slanderous comments to members of the business community. I have lost all wages,... Read more »

Frank J. Steiner answered on Aug 19, 2019

Based on the facts provided you may have a claim for tortious interference with business relationship.

1 Answer | Asked in Business Formation, Business Law and Tax Law for Wyoming on

Q: What is the effective difference between a C-Corp and an LLC taxed as a C-Corp?

I am from the UK and looking to setup a US business. I've decided that taxation as a C-Corp is best as I am looking to build capital and retain profits in the company so a pass-through entity is not ideal. I understand that as a C-Corp, things are more formal and decisions require minuted... Read more »

D. Mathew Blackburn answered on Aug 19, 2019

For tax there is no difference. For state business compliance issues a Corporation has slightly more things that have to be done to maintain the corporate veil. Annual meetings are required where an LLC can waive them you have to set a par value for shares and report the number of shares issued... Read more »

1 Answer | Asked in Business Formation, Business Law and Small Claims for North Dakota on

Q: Subway and their false advertisement question?

so you walk into a Subway in the sign on the glass usually states, make it what you want. Well if you try to order a wrap let's triple or quadruple me, they claim that corporate policies do not let you. Wouldn't that be considered false advertisement because now I'm not getting to be able to make... Read more »

Tim Akpinar answered on Aug 18, 2019

With those types of statements, the underlying premise is that the customer's wishes would be fulfilled, within a standard of reasonableness, not necessarily in a literal sense; or in this case, within the reasonable guidelines of their corporate policies. You could consult with an attorney to ask... Read more »

1 Answer | Asked in Contracts, Employment Law, Real Estate Law and Business Law for Virginia on

Q: My mother passed away willing her home to my brothers. The will was notarized, but no witness on it. Is the Will valid?

Tim Akpinar answered on Aug 18, 2019

I'm very sorry for your loss. Your question was probably overlooked all this time because it wasn't in the Probate or Estate Planning categories, where an attorney knowledgeable about wills might have seen it. 'Sorry for this inconvenience, but you could repost and include those categories, or you... Read more »

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