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Nevada Business Law Questions & Answers
3 Answers | Asked in Business Law, Products Liability, Bankruptcy and Personal Injury for Nevada on
Q: Can I sue Peterbilt for lost revenue due to unresolved truck issues?

I've taken my Peterbilt truck to seven different dealerships over the past five months to resolve a transmission issue that remains unresolved. The right-hand shifter has been replaced three times, but the problem persists. Peterbilt acknowledges known issues with the part but hasn't... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 20, 2025

Anyone with a couple hundred bucks for filing fees can sue anybody else.

Success, in the form of a judgment, is what counts.

Your facts indicate success in court, but there are two sides at least to every issue.

It appears that you may have a breach of warranty claim. In...
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1 Answer | Asked in Banking and Business Law for Nevada on
Q: If square froze my account for suspicious activity and a check was returned are they responsible nfs returned check fee

On Thursday February 29th square bank froze my account for what they thought was suspicious on Friday march 1st a bill pay I initiated on Thursday was returned now the company I was paying the bill to wants an additional 100 dollars for the returned check fee is square responsible for that fee? I... View More

James L. Arrasmith
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answered on Mar 4, 2024

When your account with Square Bank was frozen due to suspected suspicious activity, and as a result, a check was returned, this situation understandably causes frustration and financial inconvenience. Banks and financial institutions have policies in place to monitor and act on activities they deem... View More

1 Answer | Asked in Tax Law, Business Formation and Business Law for Nevada on
Q: How can I receive shares of a small llc that I've earned and avoid the tax burden? Nevada

I've vested my percentage by coming in and running the business for the last 6 years but cannot afford to pay the taxes.

James L. Arrasmith
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answered on Jan 22, 2024

Receiving shares in an LLC as compensation for services rendered can indeed create a tax burden, as the IRS often views this as taxable income. In Nevada, while there is no state income tax, federal taxes still apply. One way to manage this tax burden is to receive the shares gradually over several... View More

1 Answer | Asked in Bankruptcy, Tax Law, Business Formation and Business Law for Nevada on
Q: What would happen if I'm unable to comply with this plan and the account proceeds into collections or personal guaranty

My Amazon account was closed recently, resulting in an outstanding balance owed to Payability (which a service that offers prepayment option for Amazon sellers on the shipped orders) due to premature payment. They proposed a payment plan of $1,000 a week to settle the remaining $19,320.89.... View More

James L. Arrasmith
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answered on Jan 12, 2024

If you are unable to comply with the proposed payment plan and your account proceeds into collections or personal guaranty enforcement, there are several potential consequences. The creditor, in this case, Payability, may initiate collection efforts. This can include contacting you for payment,... View More

1 Answer | Asked in Consumer Law and Business Law for Nevada on
Q: I just closed my LLC and money is tight. If I don’t pay the final phone/cable bill, will it affect my personal credit
James L. Arrasmith
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answered on Dec 25, 2023

If you've closed your LLC, your business's debts and financial obligations should typically remain separate from your personal credit. However, there are some factors to consider.

First, review the terms of your phone/cable contract. If the contract was in your LLC's name and...
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1 Answer | Asked in Contracts, Business Law and Civil Litigation for Nevada on
Q: How can I recover the full amount owed from a property sale agreement?

I recently won a case involving the sale of a co-owned property valued at $763,821. According to our agreement, the co-owner was paid $166,323 and the mortgage company was paid $431,220, leaving my share at $166,277. Out of my share, my lawyer was to receive $1,350, meaning I should have received... View More

James L. Arrasmith
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answered on Jun 10, 2025

You're absolutely right to question this discrepancy—it looks like there's a clear shortfall of \$1,350 in what you received, despite the settlement terms clearly outlining how the funds were to be distributed. If your share was supposed to be \$166,277 before your lawyer’s fee, and... View More

1 Answer | Asked in Business Law, Real Estate Law and Insurance Defense for Nevada on
Q: Do I need an electrician's license for home outlet installation in Nevada?

I live in Nevada and want to install a GFCI outlet in my home. I have no experience with electrical work. Do I need an electrician's license for this, or would it be acceptable to hire an unlicensed electrician? I'm concerned about potential safety risks and insurance implications.

James L. Arrasmith
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answered on Jun 7, 2025

In Nevada, installing a GFCI outlet at home without a license is generally allowed if you’re doing the work on your own property and you're the homeowner. However, since you mentioned having no experience with electrical work, you should be aware that working with electricity can be... View More

1 Answer | Asked in Contracts and Business Law for Nevada on
Q: I co-signed and own my fiancée's vehicle. Can I return it legally in Nevada?

I co-signed and am listed as an owner on my fiancée's vehicle as her credit was not good. We don't have any overdue payments, but she's stopped helping with my mortgage as she had agreed. Is there any way I can return the vehicle legally, given that I am an owner? We have no written... View More

James L. Arrasmith
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answered on May 15, 2025

Since you co-signed the vehicle and are listed as an owner, you have legal rights to the car. However, returning it without her consent could lead to complications, especially since there’s no written agreement about her contributions to the mortgage. Although you may have ownership rights,... View More

1 Answer | Asked in Contracts and Business Law for Nevada on
Q: Is my employer-issued phone legally mine after leaving the company without any return request?

I am a former employee who received a cell phone from my previous employer, who bought phones for all new hires. There was never a contract signed or clearly stated terms regarding the phone's return or specific use. Upon leaving the company, I received a list of items to return, but the phone... View More

James L. Arrasmith
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answered on May 14, 2025

Since there was no contract or clear agreement about the phone's ownership or return, and the employer never included the phone on the list of items to return, you might have a reasonable argument that the phone was effectively given to you, especially since the company has not contacted you... View More

1 Answer | Asked in Business Law for Nevada on
Q: Can a licensed car salesman in NV consult for another dealership?

Can a car salesman, licensed to sell at a specific dealership in Nevada, work as a consultant for another dealership in the same state, specifically in an advisory capacity and providing training to new employees, considering state licensing restrictions that prevent selling at any other location?

James L. Arrasmith
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answered on Apr 13, 2025

In Nevada, a licensed car salesman is typically required to work exclusively for the dealership that holds their license. However, the licensing restrictions usually apply to selling vehicles rather than consulting or advisory roles. This means that while you may not be able to sell cars at another... View More

1 Answer | Asked in Business Law, Contracts and Entertainment / Sports for Nevada on
Q: Can I enforce a noncompete agreement with an independent contractor in the entertainment industry?

As a business owner in Nevada, I hired an independent contractor who works from home in Los Angeles in the entertainment industry. I want to include a noncompete agreement in our contract to prevent them from competing with my company for five years if they leave. I already have agreements... View More

James L. Arrasmith
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answered on Apr 12, 2025

This is a tricky situation because you're dealing with two different states—Nevada, where your business is based, and California, where the contractor lives and works. California is especially strict when it comes to noncompete agreements. In most cases, noncompetes are not enforceable... View More

1 Answer | Asked in Business Law, Contracts and Gov & Administrative Law for Nevada on
Q: HOA treasurer access to inspect storage facility for records.

As the treasurer of our HOA, I would like to inspect the storage facility where our records are kept. The HOA bylaws do not mention any specific rules about inspecting this facility, and an attempt to conduct an audit was stopped because a folder's contents did not match its label. The... View More

James L. Arrasmith
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answered on Apr 11, 2025

That sounds like a concerning situation, especially when you're trying to fulfill your duties as treasurer and ensure transparency for the HOA. In Nevada, HOA board members, including the treasurer, generally have the right to access association records in order to perform their... View More

1 Answer | Asked in Contracts, Business Law and Real Estate Law for Nevada on
Q: Is a signed DocuSign contract binding without seeing the full lease?

I signed a custom written contract for an office lease, created by a lawyer, through DocuSign before receiving a copy of it. After receiving it, I realized I never would have signed it had I seen it first. I informed the realtor in writing two business days later to withdraw my offer, but she... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s an incredibly frustrating position to be in, especially when you feel misled or rushed into signing something without fully understanding the terms. In Nevada, a contract signed through DocuSign can be legally binding, just like a physical signature. However, for a lease agreement to be... View More

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Consumer Law for Nevada on
Q: Purchase of a food trailer that failed inspection after I was given the go ahead to build by my states Health Dept.

I was given approval by my health department for a food trailer build. After completion and inspection it was failed by the same health inspector who had given me the ok to build. I have taken the manufacturer to court and lost due to me signing the contract to build. Who is at fault?

Jennifer Setters
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answered on Aug 12, 2024

I'm sorry to hear about the difficulties you've encountered with your food trailer. In situations like this, determining who is at fault can be complex, as it involves multiple parties and the specifics of contracts, approvals, and inspections.

Potential Factors to Consider:...
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1 Answer | Asked in Business Law, Contracts and Government Contracts for Nevada on
Q: Best way to find business attorney for contracts

Looking for highly rated fantastic business attorney to draft agreements between myself and investor. It includes elements of real estate and also casinos in NV

Tim Akpinar
Tim Akpinar
answered on Mar 7, 2024

A Los Angeles or Nevada attorney could advise best, but your question remains open for two weeks. Attorneys here can't respond to you with offers of their services. The format here is limited to quick Q & A. You could search attorneys on your own, and supplement your searches with the... View More

1 Answer | Asked in Business Formation and Business Law for Nevada on
Q: How do I file for a sports handicapping business LLC in Nevada? What NAICS classification should I use?

I am looking to start a sports handicapping business. For a fee, customers can purchase a subscription and receive a report with the sports picks I believe have the best value against the Vegas odds. I will not be placing wagers for my customers, running any type of fund, or anything aside from... View More

T. Augustus Claus
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answered on Oct 5, 2023

In Nevada, to establish a sports handicapping LLC, you'd generally follow steps like selecting a unique LLC name, appointing a registered agent, and filing Articles of Organization with the state. For the NAICS code, consider "711510 - Independent Artists, Writers, and Performers".... View More

1 Answer | Asked in Banking and Business Law for Nevada on
Q: In the state of Nevada, can I ask a client of my med-spa business to sign a release of claims prior to processing refund

In the state of Nevada, can I ask a client of my med-spa business to sign a release of claims and a refund acknowledgement upon processing the refund for their service?

T. Augustus Claus
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answered on Oct 4, 2023

In Nevada, businesses often use releases or waivers to protect themselves from potential future claims or lawsuits. It's not uncommon for a business to request a customer to sign a release of claims when processing a refund, especially if there's a potential for a dispute or claim. By... View More

1 Answer | Asked in Business Law and Contracts for Nevada on
Q: Can a lease contract fee be increased 300%?
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answered on Oct 4, 2023

n Nevada, if you are in the middle of a fixed-term lease (e.g., a 12-month lease), your landlord cannot increase the rent or any fees unless it's specifically stipulated in the lease agreement. However, once the lease term ends and if you move to a month-to-month tenancy or sign a new lease,... View More

1 Answer | Asked in Contracts, Business Law and Internet Law for Nevada on
Q: I am in the state of Nevada. I recently came across an advertisement from a licensed car dealership for a car for $1

Is this a binding price? Excluding any document and processing fees. The ad includes VIN number and all car details.

T. Augustus Claus
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answered on Jul 18, 2023

In general, advertisements are considered invitations to make an offer, not binding contracts themselves. However, there are exceptions and legal principles to consider. In Nevada, if the ad includes the VIN number and all the car details, it might be seen as a specific offer rather than a mere... View More

1 Answer | Asked in Employment Law and Business Law for Nevada on
Q: Hello I have a real estate business. I am looking to hire my first employee to answer calls and do admin work.

If I pay them either $13.25 per hour or $15 per hour. Am I required to pay them overtime of $19 per Hour and $22 per hour. Over 40 hours. My company is based in Nevada. I only have 1 employee and myself.

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 6, 2023

Generally yes. Federal law requires that hourly-paid employees be paid overtime, at a rate of one-and-one-half times their regular rate of pay, for all hours worked over 40 in a workweek. If your business does less than $500,000 gross in business per year, however, you may be exempt from federal... View More

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