I signed a contract and have paid. My fiancé is being deployed next year so we cannot reschedule. The venue is making changes to what is in my contract due to COVID restrictions and I want to just cancel and be refunded.
In addition to whatever the terms are in your contract, there are principals of general contract law regarding unforeseeable intervening events, impossibility and frustration of purpose that may apply to your situation. In addition, if the venue refuses to allow you to cancel and return your... Read more »
I got married back in November, we hired this company to do our video, photography and flowers. The videographer showed up a hour late causing our wedding to pushed back a hour. The videographer told the company he was in a car accident, but it turns out he never was. He was fired. 8 months has... Read more »
This is definitely a breach of contract case. You may even be entitled to triple damages if your lawyer can prove consumer fraud which may allow you to get back the payment you will need to make to hire a good lawyer. Setup an in office consultation with a good lawyer of your choice.
Because the Statutes require all forms of corporate entities to be represented by attorneys in all legal matters.
GPs should be contained within the Operating Agreement. You also need contingency planning in case GPs become impractical or impossible. Speak with an experienced business attorney to get an agreement that works for your business.
What can I do to get him out for good and so that he has no recourse to try to claim a portion of the business anymore
You need to come to terms on a transfer of the absent partner's interest in the business to you. This can be done with a buyout or some other form of transfer or in the worst case scenario by judicial determination. Get in contact with an business lawyer to proceed properly.
What licensing will I need to acquire and how much will I be taxed or charged to hold the business
You need to speak with a lawyer, this not a question that can be answered in a free short question and answer posting as many questions need to be asked by the lawyer.
Essentially I want to find homes, sign offers to purchase, and then sell the interest in those properties to house flippers who will make more money for a fee. Do I need a real estate license in NJ? Should I incorporate? Do I tell my current employer? Thanks for your input!
You really need to have an experienced business and real estate attorney set up the right corporate structure, draft the contracts and handle all legal aspects of your business. Good law firms will enable you to retain their services on an ongoing monthly retainer. Remember, a good lawyer is rarely... Read more »
then they sent some checks. for me they sent an email they say they will send me a check of $13 But i'm sure it was more than $13 i heard some drivres they hire a lower and they get more than that
This is not workers comp. It is more in the field of wage and hour compliance. Google the NJ Department of Labor. Go to the tab on Worker Protection and wage and hour compliance will pop up. That will make for good background reading. if you don't have the answer after that contact a wage... Read more »
Home improvement contract. I cancelled two days after signing (within the 3 day period). Contractor already cashed my check. How long do they have to refund me my money?
The refund should be made promptly, if you provided proper written notice of the cancellation. It is extremely rare for a home improvement contact to be legally valid in the State of New Jersey. You should discuss this situation with an experienced civil litigation attorney. With state-of-the-art... Read more »
I want to start a small embroidery business and a common way to make designs is to buy them off of sellers on etsy. Would I be able to sell products with their designs?
As Mr. Boyer says, you would need a license to use the design, because whatever you produce based on the pattern would be a derivative work. Check the Terms of Use on the website where the design was posted. Most likely it gives you a limited license to make products for your own use, but not for... Read more »
I’m in the works of a clothing business and want to know what steps I need to take in order for the name to be secure? I want the brand name safe from being taken. Also curious if there’s a way to copyright it, or whatever the proper terminology is, before launching the business?
If the word you use for your company's name is also the trademark/brand you want to protect, that can be done by filing an Intent to Use trademark application with the USPTO. This kind of application can be filed before you open for business. It is a way to put down a "tap tap... Read more »
My friend sold her business to me but it’s still in her name. I can’t change my name because of other reason but Tax responsibility 100% is mine, but I want to have a legal binding document that can create a bond of trust between us. I want to write a kind of promissory note show that if IRS... Read more »
The issues presented are as follows:
1. protecting your friend from the IRS in the event of a triggering event for liability,
2. give your friend confidence that she is properly protected from liability AND
3. guarantee that its your business and that if its successful,... Read more »
I am a restaurant owner and my restaurant is located in a mall of Jersey City, NJ. There is a huge impact for my business due to the Coronavirus outbreak. Especially, striating 3/12, the mall has a close order by the local governor. Currently, the mall is still close. And we already paid for this... Read more »
An Attorney would need to read and review your lease to see if you were able to avoid paying rent or even get a reduction. Generally the clause protects the landlord.
Are you serious? Maybe you should auction yourself off to the highest bidder, so you can afford a criminal defense attorney? Of course you run the risk that no one will buy you and you have posted an intent to commit a criminal offense on a website frequented by law enforcement.
2 companies, same NJ town, similar names (names changed for privacy).
Company #1 - XYZ Electric. They hold both Electricians & Home Improvement Contractors license under the name XYZ Electric. They don't have a registered DBA. Co #1 was in business before co #2.
Company #2... Read more »
If company 2 trademark is not registered with state or USPTO then you’re likely out of luck because the marks practically need to be identical. If it is registered then it obviously bodes well for co2. With that being said, there are a lot of grey areas in the law and speaking with an attorney... Read more »
Would a flyer put in someone’s door regarding a special meeting of an association being held be considered written notice?
Written notice is a broad concept and there is no universal definition that fits every possible setting. It could be defined by statute in civil procedure rules, or it could be defined by municipal codes when it comes to public entities. With non-public entities, it could be defined in by-laws or... Read more »
We ran a business with best intentions but lost lots of money, and I feel it is wrong for others to sue wy wife who is the CEO while we hoped for some Corporation protection from personal assets. Can we ask the court to remove my wife from the lawsuit and deal with the corporation only? What is the... Read more »
No your wife is a proper party to the lawsuit. Only a properly set up LLC with 3 members or more will protect you from personal liability. Depending on your overall situation you should retain either an experienced civil litigation or bankruptcy attorney. To determine how you should proceed an in... Read more »
Each LLC should have at least three members and it's own insurance policy. All LLCs should be owned by a "C" corp. Anything else is not going to protect you from personal liability. You really need to retain an experienced business and contracts attorney.
Generally speaking a corporation's officers and directors are not personally liable for the obligations of the Company. As always there are exceptions to this general rule so it is definitely a good idea to talk to a good business litigator; you are going to need one to handle the lawsuit.
Can I terminate a lease agreement if I am called on military orders (title 32) in the state of NJ?
If you have orders for either a PCS or a deployment longer than 90 days federal law, will let you terminate your lease. If this is the case just let your landlord know as soon as you can.
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