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2 Answers | Asked in Business Law and Mergers & Acquisitions for California on
Q: Who is the owner of accounting data for a business after a business sale?

We sold the business and we have a hard time on getting access to the accounting data for the past years, when we were in charge of the business. Please let me know our rights in this case, as accounting was done through QuickBooks online and new owners took over the existing data.

Adam Stoddard
Adam Stoddard
answered on Feb 8, 2023

I assume there was a contract prepared for the sale of the business. You should first look to the contract to see whether there is a specific carve out for pre-sale accounting information and who would be the owner or at least have access to it. Your relationship with the purchaser is contractual... Read more »

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1 Answer | Asked in Business Law for California on
Q: We signed a solar contact in August 2022 and per our contract our completion date was 11/21/2022. we still have no solar

We have panels install but not connected to SCE yet. It has been a horrible experience and we now have water damage to our living room wall where they left a hole in our stucco when they installed a new electrical panel.

Adam Stoddard
Adam Stoddard
answered on Feb 8, 2023

It sounds like this has been a terrible experience to say the least. You may have a breach of contract case as well as a cause of action for negligence. You should consult a lawyer to review the contract. Is the solar company refusing to repair the damage to the living room wall? If they opened up... Read more »

2 Answers | Asked in Consumer Law, Business Law and Civil Rights for Missouri on
Q: Can a business owner sue for spam business related calls & Texts received on their PERSONAL cell phone ?

I AM SELF EMPLOYED. I have a business phone and a personal phone both are cell phones. if i get business related calls on my personal cell phone does that mean i still cant sue the caller because i am a business owner? i have my personal phone on the do not call list . state and federal registry.... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 7, 2023

You pose good questions. I file lots of Telephone Consumer Protection Act class actions and can tell you that this is a hot area of law, because my cell phones are now both personal and business lines. Text messages are a bit different. I suggest you have an attorney. The calls and texts raise... Read more »

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1 Answer | Asked in Products Liability, Business Law and Car Accidents for Florida on
Q: what If a company try to get the excess policy as required but the insurers do not offer said coverage anymore

but those insurers do work with similar transportation, TNC, cabs companies

Charles M.  Baron
Charles M. Baron
answered on Feb 7, 2023

You inquiry is too vague. I suggest you re-post your inquiry with more specifics, such as exactly who is requiring what (but not naming names), indicating what type of business needs what type of coverage, for what activity, and the source of whatever requirement you're talking about (such as... Read more »

2 Answers | Asked in Business Formation and Business Law for Pennsylvania on
Q: I am getting ready to start a business and I like the anonymity available with a Wyoming S-corp.

I live in and the business will operate in Pennsylvania. What is the best way to set this up? I am not looking to dodge the pa tax, I just don't want my name on the database as the owner. Should I register as a foreign corporation or set up a second domestic S corp with the first as the owner?... Read more »

Nancy L Lanard
Nancy L Lanard
answered on Feb 7, 2023

Whether you form the entity in DE, NV or WY, you will still have to file in PA as foreign entity and will be visible. However, if you want anonymity, then use a paid registered agent and have a service or law firm file the paperwork for you in PA. This will provide the anonymity you are seeking.... Read more »

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2 Answers | Asked in Business Formation, Business Law, Civil Litigation and Real Estate Law for Florida on
Q: Florida sells land by what treaty?

It is important to know what Treaty Florida uses to sell land.

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Feb 7, 2023

Hi, there is more information needed to answer this question properly. The State of Florida can acquire properties in foreclosure for unpaid taxes and other surplus lands pursuant to the Murphy Act. Please provide additional information.

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1 Answer | Asked in Contracts, Employment Law and Business Law for New York on
Q: Can a consultant sign documents on behalf of their client?

Assume a consulting agency is providing consultants to a client in order to complete a project. Due to the nature and duration of the project, the client wants to use the consultants/independent contractors to temporarily augment their staff. This may require, depending on the role the consultant... Read more »

Michael David Siegel
Michael David Siegel
answered on Feb 6, 2023

A corporate resolution authorizing signature on whatever needs to be signed.

1 Answer | Asked in Business Law and Contracts on
Q: Doubt related to Indian contract law

Look , according to Indian contract act . Consideration is something when the promisee or any other person does something for the promisor . So , consideration is something that is given by the promisee or any other person according to Indian contract act 2(d) .

but , we know that... Read more »

John Michael Frick
John Michael Frick
answered on Feb 4, 2023

Usually it is the promissee who is seeking to enforce a promise made in a contract. In most contracts, both parties are promissees of the other party’s promise.

The Act is simply making it clear that in order to enforce the promise in a breach of contract action, the recipient of the...
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1 Answer | Asked in Consumer Law, Contracts, Business Law and Collections for Kentucky on
Q: Is this a case?

I was making payments through a truck I started financing a year ago, and those payments were being made through SMART Payment plan in which they charged me on a biweekly basis in means to help me pay off the vehicle quicker.

Problems occured quuckly and often through them. My payments were... Read more »

Timothy Denison
Timothy Denison
answered on Feb 3, 2023

Technically, there is probably some liability there but it very likely wouldn’t be worth the time, money or hassle to pursue it. If you can get reimbursed what you’ve lost ( or most of it), you’ll still be ahead of the game.

1 Answer | Asked in Patents (Intellectual Property) and Business Law for Minnesota on
Q: If I have an investor , and the patentholder dies, is it possible for the investor to file claim to that patent?
Stephen E. Zweig
Stephen E. Zweig
answered on Feb 3, 2023

It depends on how ownership of the patent is structured, and the terms of the investment.

For example, investors often require that the inventor assign the patent to a company. The inventor will presumably own shares in the company. When the investor invests, then the investor owns shares...
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2 Answers | Asked in Business Law and Criminal Law for California on
Q: Can I train to be a lawyer in both criminal law and business/corporate?
Julie King
Julie King
answered on Feb 1, 2023

When you go to law school, you need to take all the courses that are tested on the Bar Exam so you are not learning new subjects at the same time as you are reviewing laws and studying for the exam. Corporations and Criminal law are tested on most bar exams (the subjects vary by state.) If those... Read more »

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1 Answer | Asked in Business Law and Tax Law for Texas on
Q: What can I do if a business refuses to give me a receipt for a service I didn’t ask for or can’t prove they did.

I filed my taxes with Turbo Tax last year and their third party vendor hasn’t delivered my tax refund and is saying they need to deduct fees for delivery. Im asking for a receipt for the fees and they are refusing.

John Michael Frick
John Michael Frick
answered on Feb 1, 2023

This sound suspicious.

Even when you use TurboTax to file your federal income tax return, the IRS directly sends your tax return to you. You can request it direct deposit it into your bank account or mail you a check.

I know of no third party vendor ever involved in this process.

3 Answers | Asked in Business Law for Colorado on
Q: What kind of lawyer do I need? I own an assisted living home and one of my clients fell and they are sueing me
D. Mathew Blackburn
D. Mathew Blackburn
answered on Feb 1, 2023

Defense Attorney, Trial Attorney, Litigation Attorney all describe what you need.

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3 Answers | Asked in Business Law for Colorado on
Q: What kind of lawyer do I need? I own an assisted living home and one of my clients fell and they are sueing me
Andrew John Contiguglia
Andrew John Contiguglia
answered on Feb 1, 2023

Assuming you are insured, you should tender the complaint to your insurance company and open a claim. Depending on the type of policy you have, they will likely assign a defense attorney to defend the action on your company's behalf. If you are uninsured, you will be required to hire a defense... Read more »

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1 Answer | Asked in Business Law and Collections for Nebraska on
Q: My old dentist just now sent be a bill from 2016. After I asked for months for the bill. Do I have to pay?

They have recently retired. And are now asking for my payment. 5 years is a little silly

Joel Gary Selik
Joel Gary Selik
answered on Feb 1, 2023

Check the statute of limitations for contracts in your state, if it is past that time you do not have to pay. If it is within the time limitations, you may have a defense called laches.

1 Answer | Asked in Business Law, Construction Law and Contracts for Florida on
Q: Can I add a stipulation to a check that finalizes and terminates a contract?

I want to make sure that I my relationship with a contractor is terminated when they cash my check

Jane Kim
Jane Kim PRO label
answered on Jan 31, 2023

Yes, the Florida statute that governs Full and Final Accord and Satisfaction is Florida Statute 673.3111. You have to tender the check with proper notice for it to be effective. Also, it depends what your contract with the contractor says. You can't just write a check for a dollar and call it... Read more »

1 Answer | Asked in Consumer Law, Business Law and Collections for South Carolina on
Q: If I was told an insurance package would cover my vacation from any pandemic related issues and now they won't pay.

Travelocity sold the vacation to me in spring 2021, and told me I was covered from any pandemic related issue but I didn't read the fine print and now AIG will not reimburse me and Travelocity only offered credits I cannot use.

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 31, 2023

"I was told". "I didn't read the fine print".

These are the 2 biggest errors people make when they enter into any contract. The only thing that matters in a contract is what is on paper, not what you were told. Not reading the contract, including the fine print, is...
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1 Answer | Asked in Business Formation and Business Law for Utah on
Q: I’d like to know if a company can go after you for essentially doing the same thing that they do?

For example, could Airbnb sue me if I created my own property rental app?

Kenneth Prigmore
Kenneth Prigmore
answered on Jan 30, 2023

The answer depends on a few things. First, if you copy a product, you can sometimes get sued for breach of Patent or Copyright. There are several companies offering similar services, so it is unlikely they could sue you for offering the same or similar services. But if you reverse engineer their... Read more »

2 Answers | Asked in Business Law and Probate for Maryland on
Q: if someone owned a small business and you are co-president of the company and he dies with a non signed witness will,

and you are running the business do I have any rights?

Mark Oakley
Mark Oakley
answered on Jan 31, 2023

Your use of pronouns "someone", "you", "he" and "I" is beyond confusing. It is unclear who these pronouns are referring to, other than the "I."

I'll take a stab: the owner of the company died without a will, and you are...
Read more »

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1 Answer | Asked in Gov & Administrative Law, Business Formation and Business Law for Florida on
Q: Can a 617 Board Member Post about the Affairs Of the Corporation on a Website That Is Not Administered By the Board

Former and Current Board Members Are Posting on Web Sites [NOT ADMINISTERED BY THE BOARD] about the Corporation Internal Affairs, Including, but Not Limited to []- NEXTDOOR []- ORLANDO TRILOGY RESIDENTS (CASCADES/GROVELAND RESIDENTS, PAST AND PRESENT) []- OFFICIAL CASCADES OF GROVELAND RESIDENTS... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 29, 2023

Interesting issue, which I don't have expertise in, but my somewhat-educated guess is: Regarding the issue of disclosure itself, without regard to whether it causes damage to the corporation, the answer to your question may depend on whether your corporation has a written confidentiality... Read more »

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