Florida Business Law Questions & Answers
Q: sold small biz last month. if cust are calling me to come back do I have to buy back accts from new owner if hes fired
I sold small lawn business last month. Customers are calling me and complaining about how unhappy they are with the new owner. I want to stay within the law - do I have to buy back the accounts I sold if customers fire new owner? Customers have tried reaching out to new owner and he does not... Read more »
if you are thinking of void the agreement and you have received payment, the oral agreement could be enforced, Unfortunately legally, the situation is out of your hand right now. All you can do is to pursuade another company to receive them.
Q: I invested in a patent and the inventor passed away. And it's been acquired by pharma holdings, nv. What can I do?
It depends on what you mean by "invested" in a patent. You mean you have a license to use? If you do, and the patent was acquired by Pharma Holdings, then you should call pharma holding for documents proving their ownership of the patent and act accordingly.
Q: Good Morning, What type of required licenses are required for starting an online business that may come under gambling?
I am orginally from the UK and had this business idea for over two years now I see alot of people online doing this method illegally (well in the UK you need a license to do this). I want to start a business to host these methods legally the business may come under gambling as it would be a hosting... Read more »
Free practical advice offered for the last 41 years to people starting or operating small businesses: Look out.
The main difference between successful small businesses and those that fail within a relatively short period of time is good legal advice. The owners of most successful small... Read more »
Q: Can a business put on the fine print of their contract that clients can never post negative reviews online?
And if they do post a negative review can the business sue that client?
You can put just about anything you want in a contract that is not illegal activity, though there are some clauses that a court may deem to be unenforceable in court for various reasons. The clause you mention is probably enforceable, at least for a reasonable period of time. (A court might not... Read more »
Q: How long is the qualifier responsible for the business if the business goes under?, Florida
In Florida, a business owner may not necessarily be the license holder in a construction business.
The license holder can "qualify" a company to to the contracting and in turn license the business.
You should be familiar with fs489 to be able to answer my question without needing a... Read more »
What do you mean by "the qualifier?" You will also have to give us much more factual info about the KIND of business you are talking about and whether it is incorporated in Florida.
Q: book keeper billing without any agreement on price?
We recently hired a CPA to get us caught up on back taxes for our small business. The only form that we signed was to allow him to order our tax transcripts. Later, we sent our bank statements. He said that our book keeper would cost us about $5-6000. Now, we have received a bill for $11,000. The... Read more »
You have the right to review all your CPA's bookkeeping documents, time records and other documentary information supporting all the CPA's billings. However, rather than make it look like you are considering going to war over the entire $11,000 you should first willingly pay at least $5,000 of the... Read more »
Q: Can an assisted living facility say they need to see my bank statement.
It also appears they have opened my mail.
This is not a legal question. You should talk to some member(s) of your immediate family about what you think may be going on.
Q: Newly opened Fla. LLC, no assets, no returns, is being sued for liability. Are the owners of LLC personally protected?
We just opened a Florida LLC consisting of two partners. No agreements or any LLC documents were created yet. The LLC has no assets and did not file any returns. There was an incident at the location where we provide services at and our LLC is named in the liability lawsuit. We receive conflicting... Read more »
You should immediately hire a insurance defense lawyer to review all the documents and details before doing anything.
Q: US pass through entity gains revenue from services aboard a cruise ship. Does that entity pay US federal and state tax
This question needs to be presented to a tax attorney - try to repost, adding Tax Law as a category.
Tim Akpinar
Q: How to set up a touring company in another country?
Hi, I am trying to start a touring company in Jamaica with my brother. He will be responsible for hiring and securing proper licensing and management of drivers in Jamaica, (already hired one) and I will be in Florida, running the business, banking and marketing end. What would be the best way to... Read more »
Free practical advice offered for the last 41 years to people starting or operating small businesses:
The main difference between successful small businesses and those that fail within a relatively short period of time is good legal advice. The owners of most successful small businesses... Read more »
Q: What do I have to do to put a condo I own in Florida into a LLC from Purto Rico
You really will need to get hold of a Florida Business Attorney. The LLC would have to be registered with the Florida Department of State for starters. Then you would need to look into all the details related to the property, insurance (is there a problem once it is transferred into an LLC),... Read more »
Q: For an LLC in Florida... can the name of the company be XYZ Ltd. with Ltd being the designation of an LLC.
I know FL Stat. 608.406 1(a) states, "The world 'limited' may be abbreviated as "ltd." but I am not sure if that means as part of writing out Limited Liability Company, or if it can be used as the designation completely. Thanks
The Revised Florida Limited Liability Act is found in Florida Statutes Chapter 605. Section 605.0112 of the Act provides that the name of a Florida limited liability company must contain the words “limited liability company” or the abbreviation “L.L.C.” or “LLC.” The abbreviation "Ltd"... Read more »
Q: I run a mortgage loan processing company. Should I use a Contract, SLA, Non-Compete, or a NDA to protect my business?
As my business scales, I'm finding it necessary to leverage some sort of written protection to not only outline my level of service offering(s) to my clients, but also a way to outline the duties of the staff I will be hiring. I want to ensure all parties are clear on what each party provides to... Read more »
It is a great idea to speak with a business lawyer so that all of your relationships and transactions are based on a solid contract.
Q: I’m starting an apparel brand called Florida Fresh should I be worried when there’s 3 other companies with the name
And one is trademarked
Yes, you should be worried.
Q: Selling t shirts on social media to raise awareness and cite facts written by government and cdc
I’m starting a social media account to raise awareness on Camp Lejeune toxic water. There’s a lot of government websites,like va.gov and the cdc that contain useful information I want to talk about and give links for. I also plan to sell T-shirt’s to raise profit for awareness but I don’t... Read more »
So glad to hear someone like you say "I'm worried about any legal trouble this could cause." Read on:
Free practical advice offered for the last 41 years to people starting or operating small businesses:
The main difference between successful small businesses and those that fail... Read more »
Q: Legal action against company or person that does not really exist? Company said they were in NV. It doesnt exist.
I invested money for a profit return promise. No contracts were signed. Just some emails with acknowledgment. The person said to own company does not exist nor does the company
Wow. If I had $100 for every sad story involving long-distance bad investment scams I have heard of here in Florida I would not have to practice law for my living.
Fact: Since most scams do not involve scads of money, scammers know that most of their hapless targets will just let it go and... Read more »
Q: which law gives businesses the 'right' to charge customers for billing them?
many - elderly and many poor don't use or can't afford computers
There is no law that "gives businesses the 'right' to charge customers for billing them." That's because businesses (in most states) do not have to "have a law" authorizing them to everything they do.
On the other hand, you may have stumbled across a class action issue buried very deep in... Read more »
Q: Greeting, How can I get a service from a lawyer for free of charge? Thank you very much.
Why on earth do you "want a service" from a lawyer? What do you have in mind?
Q: is it legal to charge a customer for a paper bill, such as a newspaper to charge for mailing a paper bill?
Yes. Many companies routinely "encourage" customers to switch to electronic billing and electronic bill-paying--by charging a small fee for having to send out paper statements to customers who insist on paper bills.
Q: I offered to have the computer repaired and have a full internal diagnostic run. Their response was one of two options.
The first option they gave me was to pay for the computer outright, $500 and I could do what I wanted with regard to repairing it. So I would be paying between $750-800 for a $500 computer. Or I could pay to have it repaired, send it back to them, their tech person would check it out to see if... Read more »
Because you did not say whether or not you caused the damage to your ex employer's computer I am assuming that you did. Therefore, I am sure you can see why your ex employer wants you to fix the damage or replace the computer. And since you have several choices as to how to solve this dilemma, why... Read more »
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