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Business Law Questions & Answers

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 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 Business Law on

Q: Under this situation has a contract been made between Mary and Apple Hypermarket at this moment? Please give reasons.

Mary wants to buy some groceries in Apple Hypermarket. She puts some canned food,

sugar, flour and some eggs, fishes and vegetables into her shopping trolley. Under this

situation, has a contract been made between Mary and Apple Hypermarket at this

moment? Please give... Read more »

Tim Akpinar answered on Aug 17, 2019

This sounds like a hypothetical question for a business law or contract law class. If that's the case, go to the section of your textbook that covers Implied Contracts. That should provide you with some of the issues you could use. Good luck

Tim Akpinar

1 Answer | Asked in Business Law and Environmental for Indiana on

Q: Is it unlawful to place church invitations on doors in Indianapolis Indiana?

We are not selling anything, but rather just inviting others to our church services and or events... such as a free carnival for the entire community.

Tim Akpinar answered on Aug 16, 2019

In the past, it would have been no big deal. However, some communities and associations have rules prohibiting flyers, brochures, or similar materials. It could be worthwhile to confirm there are no local rules against it. Good luck

Tim Akpinar

1 Answer | Asked in Bankruptcy and Business Law for Georgia on

Q: does a confession of judgment from Miami florida apply in Georgia?

D. Mathew Blackburn answered on Aug 16, 2019

It depends on how it was drafted. It has to be entered in defendant's resident county. It also depends on what stage the case is at. But generally yes.

2 Answers | Asked in Contracts and Business Law for Georgia on

Q: I signed a non compete. That only says, I will not compete with the guy in the state of GA for 2 years. See below

I signed a non compete. That only says, I will not compete with the guy in the state of GA for 2 years. It does not say what the competitive services are. He breached the contract by not paying the full amount by $96. The full amount was to be paid in 90 days, in 3 installments. He shorted me the... Read more »

D. Mathew Blackburn answered on Aug 15, 2019

Without reviewing the contract in its entirety it's impossible to predict what may happen if he tries to enforce the agreement.

Generally one person breaching does not void the entire contract and does not mean that another person's breach cannot be acted against.

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1 Answer | Asked in Business Law and Employment Law for California on

Q: We have to layoff our only empl because of finances, but she's on maternity leave... what's the best way to handle this?

We are essentially closing the company, leaving only our online/digital product offerings available and have let all contractors go. She is our only employee and we simply can't afford to keep her. I'm not sure the best way to do this to ensure we don't affect her paid family leave through the... Read more »

Pahoua C Lor answered on Aug 15, 2019

This is not an easy scenario. If the company is truly closing and you can't afford to keep her, your reason for letting her go seems justified or based on necessity. However, if there are still employees at the company (I mention this because you state that you are still maintaining... Read more »

2 Answers | Asked in Business Law for Florida on

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 »

Linda Liang answered on Aug 15, 2019

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.

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1 Answer | Asked in Business Formation, Business Law and Civil Litigation for California on

Q: Is it legal for me to leave business cards on office building doors?

I'd like to hand out business flyers at individual office suites within an office building. Do I need the landlords or cities permission to do this? Can I leave business cards behind if the tenant is not present.

Tim Akpinar answered on Aug 14, 2019

Yes, it would be advisable to get the landlord's permission, identify yourself at the security desk, and obtain tenant's consent at their reception desk if you are given permission to go up to their floor or suite. Enhanced security protocols have made entering large office buildings more stringent... Read more »

1 Answer | Asked in Business Law for Georgia on

Q: Is it considered “lobbying” to help advertise a business that is trying to get a conditional use permit

Company applied for a conditional use permit to build and operate a disposal facility. Would I be considered a lobbyist if I designed graphic materials for the company?

Tim Akpinar answered on Aug 9, 2019

A Georgia attorney could provide the most reliable authority in terms of how lobbying might be defined by the laws of Georgia. But your question remains open for four weeks. As a general matter, I don't think a reasonable person would see what you're doing here as an artist as lobbying. Lobbying is... Read more »

1 Answer | Asked in Business Law for Michigan on

Q: Can the previous franchise we owned legally force us to repaint our vehicles?

We owned a Servpro restoration franchise. 2 years ago we sold our license instead of renewing, and went on our own. We took all labeling off the vehicles. Servpro is now telling us that we have to have the vehicles repainted. They do not have the color trademarked. The vehicles were never... Read more »

Thomas. R. Morris answered on Aug 9, 2019

The franchisor can make you stop using their trademarks. You may be correct that the color is not a trademark, but did you agree in the franchise agreement to comply with this request? If repainting is not covered by the agreement or by trademark law or by state competition law (which might be... Read more »

1 Answer | Asked in Family Law, Business Law and Identity Theft for California on

Q: my deceased business partner's husband is using her phone and taking my business calls. is that legal?

William Jaksa answered on Aug 9, 2019

There are several interesting legal issues here. What was the partnership agreement's conditions on what happens in the event of a death? Was there any consideration given to whom your partner's share of the business will go to? Was their share to be assumed by their estate? Is he interfering with... Read more »

1 Answer | Asked in Business Law for New York on

Q: Would my holding company be better as a c corp or just llc

Michael David Siegel answered on Aug 9, 2019

This is totally a tax issue which depends on your tax return. There is no set answer.

1 Answer | Asked in Banking, Business Law and Civil Litigation for Louisiana on

Q: Louisiana incorporation Registration Jefferson Parish DA Paul D Connick Civil case # 2:18 -cv-09296 In 08/08/2019

Louisiana incorporation Registration Jefferson Parish DA Paul D Connick Civil case # 2:18-cv-09296 In 08/08/2019 around 10:30 am Trina Williams ticket #G59 matters of jurisdiction zoning went through intake process waiting again United labor and wage for name to be called at off SSA 115 terry... Read more »

Ellen Cronin Badeaux answered on Aug 8, 2019

Your question makes no sense. Ask someone to write it for you.

1 Answer | Asked in Business Law for Nebraska on

Q: Have there been any cases regarding Neb. Rev. Stat. 60-1406.26?

How has the court applied the phrase "causes the sale of, or offers or attempts to sell new or used motor vehicles?"

Julie Fowler answered on Aug 8, 2019

Nebraska revised statute 60-1406 currently only has 13 subparts (Neb. Rev. Stat. Sect. 60-1406(13) is currently the last subpart. There may have been other sections up to 26 in a previous version of the statute.

In order to find cases that cite a particular statute, there are a number of...
Read more »

1 Answer | Asked in Banking and Business Law for New York on

Q: I was 50% owner of a small corporation. When I retired I gave my shares to my partner for $1 with the understanding that

he would pay outstanding loans. Two were in my name personally but he has agreed to pay them off. Years have gone by and I am making payments but nothing from him. About $40,000. Can anything be done?

Michael David Siegel answered on Aug 8, 2019

You can sue, but the case will turn on your proof, which seems thin based on your post.

1 Answer | Asked in Business Law for New York on

Q: What paperwork must I file with NYS to transfer ownership of a corporation, with no assets ?

Michael David Siegel answered on Aug 7, 2019

Short answer -- none. Best practices answer -- amend the certificate of incorporation to change the address for service of process.

1 Answer | Asked in Business Law, Consumer Law, Contracts and Criminal Law for Colorado on

Q: can I get criminal charges for not returning a vehicle I have financed but haven’t Piad

They have tried to repo it and now I have an investigator calling me threatening a felony.

Bruce Alexander Minnick answered on Aug 7, 2019

You are standing in a large pile of deep do-do. Hire a criminal defense lawyer immediately.

1 Answer | Asked in Business Formation and Business Law for New York on

Q: How do I move an LLC from NY to CA in a process that results in a domestication equivalent.

I am under the impression that New York doesn't allow for domestication, and because it is required in both states it wouldn't be possible as a result. Therefore, my only options would be creating two LLCs, potentially dissolving the original, or creating a foreign entity in CA. However, I recently... Read more »

Michael David Siegel answered on Aug 7, 2019

There would be no reason to do this. It does not impact taxation or operations.

1 Answer | Asked in Business Formation, Business Law, Contracts and Real Estate Law for Puerto Rico on

Q: HOA laws in Puerto Rico. Looking for info on where laws can be found, summary analysis of key, legislative structures

Nelson Jose Francisco Alvarez-Aponte answered on Aug 6, 2019

Hello and thank you for using JUSTIA. There is no one place to find HOA regulations. Each community sets up its own rules and regulations. However there are basic rules such as horizontal laws for condominiums and access control laws for gated communities.

2 Answers | Asked in Business Formation and Business Law for California on

Q: If I am looking to start a business, but the name is taken on facebook and instagram but inactive, can that be trouble?

I am trying to start a business but the name is taken on instagram and facebook, but the accounts have not posted in years, and has under 100 followers on instagram and just 2 on facebook, can that lead to trouble?

Richard Michael Gee answered on Aug 6, 2019

It's possible that you may have an issue with the name. I'd probably look at the US Trademark database (uspto.gov) to see if anyone has filed a trademark for the name. If not, I'd check the database for your state's secretary of state and any fictitious business name (i.e., "doing business as" or... Read more »

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