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Texas Business Law Questions & Answers
1 Answer | Asked in Business Law, Intellectual Property and Trademark for Texas on
Q: Would I be able to use the name Leafly for a retail space name? what are the restraints &/or rights of Leafly Holdings ?
Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 9, 2019

depends on how it is used and if they have registration or not, and if it would confuse people into buying from you when they intended to buy from them.

marcos.e.garciaacosta@gmail.com

www.legalbizglobal.com

1 Answer | Asked in Business Formation, Business Law and Tax Law for Texas on
Q: What is the best option for a non-resident to form a legal entity with a resident partner? A partnership LLC or C-Corp?

Asking in terms of taxation as well as any other legal issues.

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 3, 2019

Best is a relative term. Because it's TX state tax is irrelevant. We're not concerned with the state claiming residency against the non-resident owner's will.

The next step is assessing liability and compliance. Generally that's an LLC. But it's heavily dependent on the facts and...
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1 Answer | Asked in Business Law and Civil Litigation for Texas on
Q: How to determine the value of a business thirty years ago?

someone almost thirty years ago gave (Probably, sold it.) someone a convenience store that did not

even have a one year leas left. We think the value of the business based on the fact that it did not even

have a year of lease left, in store sale and the inventory could not be more... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 7, 2019

This is really the territory of tax attorneys, business litigation attorneys, or sometimes divorce attorneys where spouses jointly hold interests in a business. But your question remains open for five weeks. There are companies and consultants out there that perform business valuations and that... Read more »

1 Answer | Asked in Consumer Law and Business Law for Texas on
Q: can a car dealership choose which customer gets warranty on vehicle
Tim Akpinar
Tim Akpinar answered on Aug 23, 2019

As a general matter, dealerships don't usually care which customer gets a warranty as a personal matter. However, they can choose in the sense of someone getting a warranty and a subsequent buyer of the vehicle attempting to enforce it. That would depend on whether the warranty was transferrable or... Read more »

1 Answer | Asked in Consumer Law and Business Law for Texas on
Q: can a car dealership choose which customer gets warranty on vehicle
Tim Akpinar
Tim Akpinar answered on Aug 17, 2019

Your question appears to involve Texas consumer law (Texas appears at the end of the question, but Albuquerque, New Mexico appears at the beginning). If you are in Texas, a Texas attorney would be the best person to advise. However, your question remains open for three weeks. As a general matter,... Read more »

1 Answer | Asked in Workers' Compensation, Business Law, Civil Litigation and Gov & Administrative Law for Texas on
Q: Does making False statements to OSHA qualify as violation of the False Claims Act?

e.g. if Someone makes false statements to an administrative agency of the United States in order to get out of a fine, will this qualify to be potentially prosecuted under the False Claims Act (31 U.S.C. 3729 et seq.) in addition to qualifying under other appropriate federal laws?

Roy Lee Warren
Roy Lee Warren answered on Jul 29, 2019

I am sorry but this does not appear to be a wc type of question. Also most wc cases are governed under state law, not federal. However, according to the state wc laws a person can be prosecuted for fraud if they knowingly lie to obtain benefits. I'm not sure if that answers your question but I... Read more »

1 Answer | Asked in Real Estate Law and Business Law for Texas on
Q: How can I check a case number online
Tim Akpinar
Tim Akpinar answered on Jul 29, 2019

You could check with the court system that serves your jurisdiction. Most unified court systems post case resources online. You could also contact the office of the court clerk for assistance. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law, Business Law, Federal Crimes and Small Claims for Texas on
Q: Is it legal for a Cohabitant to take your car titleand sell it to a salvage yards? What laws were broken and by whom?

Vin number had been altered and parts were sold

Roy Lee Warren
Roy Lee Warren answered on Jul 13, 2019

I am assuming they did not just sell the title but the car also. If the person was not otherwise entitled as an owner to the car they had no right to sell it. The level of the theft charge (or conversion) would depend on the value of the car and how the theft occurred. Other factors that determine... Read more »

1 Answer | Asked in Contracts, Employment Law, Appeals / Appellate Law and Business Law for Texas on
Q: Is non-compete likely enforceable?

I am an associate dentist in Texas. I signed a do-not-compete with my previous office (a DSO) for 10 miles for 2 years after leaving (It has now been ~1/2 yr). I left due to the company trying to move me into another office (I did not agree to this per the contract) after working there ~1 year. The... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 5, 2019

You have raised several important facts that may enable you to avoid the larger issue altogether. Hire a local lawyer in San Antonio and ask them to tell you if the way you were treated under the written employment agreement is bad enough to support a case of breach; if it is, have your lawyer try... Read more »

1 Answer | Asked in Business Law and Tax Law for Texas on
Q: Business partner filed for a withdrawl of assumed name, is this considered a dissolution?

In 2018 my business partner emptied and closed our business account and started a competing business. She told clients awful lies about me and refused to sign a dissolution agreement or anything to help dissolve the partnership. This left me financially devestated. I kept the business going and now... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 29, 2019

Free practical advice offered for the last 41 years to people starting their own 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...
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1 Answer | Asked in Business Law and Contracts for Texas on
Q: Have signed contract w GC- he was paid but he didn’t pay his subs for work done. What is my liability - if any?

I have a signed contract with a GC and have paid him 2/3 of the contracted amount. He wanted more $ because he had spent on work done- when I asked him to show receipts he could only produce a little under 1/2 of what I PD him and left his subs owing them.

It’s commercial RE- space build... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 27, 2019

The terms of your commercial contract will control this situation.

1 Answer | Asked in Contracts, Employment Law and Business Law for Texas on
Q: Is it legal for a property management company to force a contractor to fill out a questionnaire inquiring if we the con

Is it legal for a property management company to withhold payment and force a contractor to fill out a questionnaire inquiring if we the conTractor or contractor’s employees are part of any civil or criminal actions, administrative, or legal proceedings? Not that we are but I found it odd that... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 3, 2019

Yes, it is perfectly legal for property management companies to require such sensitive information from contractors, as well as all other venders. In fact, many property management companies require vendors to post surety bonds before hiring them.

Bottom line: If you ever want to work for...
Read more »

1 Answer | Asked in Business Law for Texas on
Q: What is the best way to remove (non-participating/refusal to participate) members from an LLC setup as a partnership?
Matthew Valley
Matthew Valley answered on Apr 27, 2019

That really depends on the governing documents. You really need to consult with a local business attorney to determine what avenues are legally available to you.

2 Answers | Asked in Contracts, Products Liability, Business Law and Construction Law for Texas on
Q: Subcontractor nonpayment on "bad job" no contract. Phone records, text & email.

I recently worked as a subcontractor, staining a concrete floor that was covered in mortar, paint, glue, and holes & the house was being fixed from hurricane Harvey flooding. We had only communicated with the contractor & have recordings of us telling them how the patching wasn't going to match up... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 8, 2019

AVVO is a free online legal forum established to allow members of the public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. Your important small business question should be directed to your business lawyer. If you have not consulted or retained a... Read more »

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1 Answer | Asked in Business Law, Consumer Law and Contracts for Texas on
Q: Hello... I was given a fraudulent maintenance contract by a large auto group where I had purchased a new vehicle

I purchased the vehicle brand new the dealer Jerry Durant Auto group promised me 3 years of free oil changes (they wrote and signed it on the contract envelope) after a year and a half of service I was told I had to pay for future services. When I showed them the envelope with the agreement they... Read more »

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

De minimus non curat lex

1 Answer | Asked in Immigration Law, Business Formation and Business Law for Texas on
Q: Legal ways I can get a green card while in year one or two at the University no matter the cost

Because I want to start up legal businesses while in school

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Mar 15, 2019

There are definitely options if you are willing to invest a significant amount of money in the USA. Feel free to contact us or another experienced immigration lawyer for assistance.

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Business Law for Texas on
Q: I was given a warranty deed but I'm confused if it is only for the real estate or is personal property included?

The family has said they are going to auction his personal belongings however there is a lien on the property and also back taxes how can the money made go towards those items or do I need to try to go through probate? I'm not sure what that really is but this is all pretty confusing

Thomas A. Grossman
Thomas A. Grossman answered on Feb 12, 2019

A warranty deed should cover the real property and any fixtures that are affixed to the property. Since I don't know who "the family" is, or how they relate to you, I cannot give you much of an answer. Also, you are asking me to address Texas law, which I am sure is different than California law.... Read more »

1 Answer | Asked in Business Law for Texas on
Q: What is the best way to try and show your ideas to someone and protect your ideas. With little ow no money?

I always have ideas 10-20 yrs ahead.but never jad the resources to capitalize on them first.please help me to make my dreams come true. Within my Good ideas.

Tim Akpinar
Tim Akpinar answered on Jan 31, 2019

You could additionally post your question in the Patents (Intellectual Property) section of this site, where it would have a better chance of being picked up by a patent attorney.

Tim Akpinar

1 Answer | Asked in Business Formation, Business Law and Contracts for Texas on
Q: A friend has 2 companies under her LLC. I want to start a third business under her LLC. What would it take?

Is it a good idea to add a third? Does it matter if I my company is for companionship for the elderly and the friend companies are more toward selling product?

Abraham C. Bloomenstiel
Abraham C. Bloomenstiel answered on Jan 22, 2019

Thanks for your question. Unfortunately, this is a difficult question to answer without more information. It would help me to know the type of LLC your friend has and what ownership or relationship your friend's LLC or other two companies under it will have with the new business that you want to... Read more »

1 Answer | Asked in Business Law for Texas on
Q: can a customer sue me for unknowingly making a false statement?

I work at Goodwill which is a thrift store.I started working there three months back.On my first day by mistake i told one shopper that all are clothes are washed before putting them on the floor.Though he has never shown up again but i am scared that one day he will know the truth and sue me... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 23, 2018

It sounds like you made an innocent mistake that any employee could make in the first few days of being on a new job.

Tim Akpinar

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