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South Carolina Business Law Questions & Answers
1 Answer | Asked in Civil Litigation, Business Law and Libel & Slander for South Carolina on
Q: I have an issue regarding an Instagram account using my business logo to say damning things about myself

It is not only harmful to my business but the account is putting me in potential physical danager.. I am happy to share more details in private. My question is can I draft some form of letter explaining the danger they're putting me in and have them remove the post?

Roy Willey
Roy Willey
answered on Dec 26, 2023

Yes, you could send them a cease and desist letter. The issue with that is you don’t really know who they are and it’s likely to be ineffective. If you sued you could get more info about them via discovery with instagram to potentially find out who they are. But you will likely need a lawyer... View More

1 Answer | Asked in Business Law and Gov & Administrative Law for South Carolina on
Q: How many cars can I sell through an LLC?

I live in SC and I currently sell cars on the side as a hobby and I always stay under the limitations in regards to how many I'm allowed to sell without a dealers license. I got a bit curious today and I have a standing LLC under my name and was wondering if technically since my business is... View More

T. Augustus Claus
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answered on Sep 26, 2023

In South Carolina, the number of cars you can sell without a dealer's license is typically limited, and this limit applies regardless of whether you're selling them as an individual or through an LLC of which you're the sole owner. Generally, if you're planning to sell more than... View More

1 Answer | Asked in Trademark, Business Law and Intellectual Property for South Carolina on
Q: I own salt life cleaning llc and received notice from salt life llc (clothing) that I was trademark infringement

My logo and my services are nothing as the above company. I don’t want to fight I’m willing add a y and be salty

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2023

As you point out, with different logos and markets, there is no likelihood of confusion. If the notice includes a demand that you cease using the name, you should challenge that. There is no basis for complaint without evidence of confusion or economic damage.

1 Answer | Asked in Contracts and Business Law for South Carolina on
Q: Can I cancel a contract for a full refund of the purchase made in Orlando FL for a deeded Time Share in Myrtle Beach, SC

The Purchase was made in June of 2021

Zach S. Naert
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Zach S. Naert
answered on Jun 29, 2023

There is only a 5 day unilateral right of rescission for the purchase of South Carolina timeshares under the SC Timeshare Act. However, you should consult with a Timeshare Attorney regarding exit options, as there may be options that exist to assist you in divesting yourself of your timeshare... View More

1 Answer | Asked in Business Law for South Carolina on
Q: What documents need to be filed to add new directors to an established 501c3 nonprofit in South Carolina?

Would this be done using the Articles of Amendment on the Secretary of State website? If so, would it be added in the Additional Amendment Info area and what wording should be used?

Matthew Morris
Matthew Morris
answered on Feb 17, 2023

It's very unlikely that you need to file anything with the state to add new directors. It is likely that your 501(c)(3)'s bylaws contain a provision that sets out the minimum and maximum numbers of directors and how the directors are chosen. To add new directors, your most likely course... View 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 Bankruptcy, Consumer Law, Business Law and Collections for South Carolina on
Q: Can uhaul hold me responsible for the debt of someone I've never met?

I went to rent a uhaul and was refused service because I came in with a person who drove a uhaul for someone else who was associated to someone in debt with uhaul. So I left and came back with my mother. In which they refused service to because she is associated with me. The whole time they... View More

Timothy Denison
Timothy Denison
answered on Mar 11, 2021

You can’t be held responsible for the debt but they are within their rights to refuse service to anyone.

1 Answer | Asked in Business Law and Contracts for South Carolina on
Q: How much is a company owed when they were unable to complete the duties of a $10,000 contract?

Suppose you own a graphics design company, BIG Designs, that designs and installs advertisements and billboards. Back in January 2020, you were very excited to sign a $10,000 contract with the city to publicize a series of concerts in the parks. The ads and billboards would be installed in March to... View More

Floyd Edwin Ivey
Floyd Edwin Ivey
answered on Oct 15, 2020

Did the contract have a clause excusing performance (payment) by the city if certain events occurred such as Acts of God? See counsel for an analysis of the terms of the contract which may excuse the city or which my require them to pay regardless of a particular event.

1 Answer | Asked in Business Law and Mergers & Acquisitions for South Carolina on
Q: Would my side business be a conflict of interest with my employer?

My employer makes money through business partnerships and monetizing articles. I want to start a side business using the same monetization methods, but my business would serve a different industry (Ex. - Employer serves the real estate sector- My business would serve the the fashion & beauty... View More

Tim Akpinar
Tim Akpinar
answered on Feb 18, 2020

Your question might not easily lend itself to a simple "yes" or "no" answer. It's possible two different attorneys could argue two different sides of the coin here, where one points out that your areas of concentration are different. Another could say that the basic pursuit... View More

1 Answer | Asked in Consumer Law, Contracts and Business Law for South Carolina on
Q: Is a photographer required to refund a deposit if the session is cancelled d/t inclement weather? Mine refuses.

She says no refunds. Alternatively she has offered to notify me of future scheduled sessions. They’re few and far between.

Tim Akpinar
Tim Akpinar
answered on Dec 8, 2019

It could depend on the terms of the underlying agreement between you and the photographer, in particular, what is said about the deposit. If that point is not addressed, it could be open to debate. Good luck

Tim Akpinar

1 Answer | Asked in Arbitration / Mediation Law, Business Law and Civil Litigation for South Carolina on
Q: My dad passed away and my uncle took everything! They were in construction and property management. No will was found!

Do I have any options? I lost access to bank account and apartment! This was sudden and unexpected!

Tim Akpinar
Tim Akpinar
answered on Sep 16, 2019

I'm sorry for your loss. A probate attorney would be in the best position to assess the situation. You could contact one of the attorneys on this site, contact an attorney on your own, or repost with the categories Probate/Estate Planning added. Good luck

Tim Akpinar

1 Answer | Asked in Estate Planning, Business Formation and Business Law for South Carolina on
Q: 20 years ago sign papers with husband not sure if their corporation husband dies do I owe the creditors

Husband owns company I may have signed Corporation papers I do not know it was over 20 years ago

Nina Whitehurst
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answered on Sep 8, 2019

I hope you will understand that there is no way any attorney in this forum can answer your question without reviewing the papers that you signed along with a lot of other things. Chances are, however, that a lot of claims against you and/or the corporation have expired due to the statute of... View More

1 Answer | Asked in Business Law and Tax Law for South Carolina on
Q: WalMart refused my mom that is 93 years old the 1% sales tax exclusion as per law. what action can I take?

Tax code that pertains to retailers given senior citizens 85 years and older a 1% sales exclusion from purchasing tangible personal sales for his own personal use. Code 12 - 36 - 2646 pertains to retailers responsibilities. A store like Walmart in West Columbia 2401 Augusta Rd 29169 Phone... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 15, 2019

Nice work. Sounds like you may be getting Walmart's attention soon.

Regarding you lamentation about the difficulty of enforcement, you are correct: Unless the elderly are informed about this benefit they cannot avail themselves of it. One way to inform them is by class action...
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1 Answer | Asked in Business Law and Contracts for South Carolina on
Q: Does the initial listing that you post when you’re selling a used item online account as a legal contractual offer?

Basically I was trying to sell my used computer and I posted it on various apps and online marketplaces and I forgot to take it down on one of them after I sold it. I just want to know if those initial listing are considered contractual offers or are they viewed more as invitations to offer or... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 1, 2019

FYI, the law is not designed to solve every little problem that comes your way during this lifetime; the Latin phrase for this rule is "De minimus non curat lex." In this case the amount of money involved is way too small to be of interest to most lawyers; and you are advised not to worry... View More

1 Answer | Asked in Contracts and Business Law for South Carolina on
Q: If I agree to custom order for a certain price, but don't say when payment is due, is the contract still valid?

Can I legally ask for payment of order upon completion of the client's custom order if the time of payment was not discussed in contract?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 25, 2019

Yes; and you do not have to give them whatever it is until you are paid.

1 Answer | Asked in Contracts, Business Law and Construction Law for South Carolina on
Q: Can I be sued if hvac intermittently stops working in heat due to drain issue?

Hvac works in heat and ac but drain intermittently stops heat from working. Offered to pay for remedy by another company but was refused.

Tim Akpinar
Tim Akpinar
answered on May 3, 2019

You could try reposting your question in the Landlord-Tenant section, since it hasn't been picked up in four weeks. You are correct in that it involves a contractual/business law matter, but you are speaking of remedies of a company that may have arisen under a lease. What you describe sounds... View More

1 Answer | Asked in Tax Law, Banking and Business Law for South Carolina on
Q: If I'm an authorized signer on a corporate account, am I liable for any tax debt to the state or IRS?

I work in the accounting departing. My duties include payroll, accounts payable, paying taxes. The corporation I work for is not in any tax debt right now. Due to some changes with the bank I may need to be added as an authorized signer to move money around the company accounts, Payroll, payable... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 4, 2019

Although it is impossible to predict what your future has in store for you, it is safe to say that merely being the bookkeeper and having signing authority on the company account--in and of itself--is not enough to tag you for some possible taxes due in the future. However, it is just as safe to... View More

1 Answer | Asked in Business Law for South Carolina on
Q: Under Free Speech, what is the “matters of public concern” requirement?

constitutional law

Tim Akpinar
Tim Akpinar
answered on Oct 22, 2018

There is a resource that outlines free speech in the realm of public employment. It covers this and other issues related to First Amendment rights: Free Speech Guide for Public Employers, Deskbook Encyclopedia of Public Employment Law & Copyright © 2018 by the Center for Education &... View More

1 Answer | Asked in Business Law and Contracts for South Carolina on
Q: How long does a credit app/payment terms stay valid with a vendor? Does it expire? It's been 8 years since filed.

We are going round & round with a current vendor and they sent us over a signed agreement/payment terms from 8 years ago that someone agreed to way before myself or my Controller started here. Trying to figure out how long these are valid?

Timothy Denison
Timothy Denison
answered on May 7, 2018

If you actually received the goods, then the app/credit terms is a contract valid until paid or until the statute of limitations in your state expires. If you did not receive the goods per the app/credit terms, then there is no contract and no monies are due.

1 Answer | Asked in Business Formation, Business Law and Immigration Law for South Carolina on
Q: I have aslyum filed i got my SSN and work autorizan permit Can i open my own gas station? Can i get bear licenc
Carl Shusterman
Carl Shusterman
answered on Apr 30, 2018

Yes, with your EAD you can work for an employer or you can start your own business.

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