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Business Law Questions & Answers

1 Answer | Asked in Consumer Law, Business Law, Small Claims and White Collar Crime for California on

Q: I got scammed out of 5500$ by an online seller, How to proceed?

Ok, So i purchased 20,000$ (~200 orders) of merchandise from an online e commerce site for my small business, under all my personal info. I only receive 900$ of items from them. I charged back with my credit provider and only got back 14000$ I am out about 5500$. I am not the only one who got... Read more »

Scott Richard Kaufman answered on May 6, 2019

Sounds like you may have to sue them, which of course could cost way more than the $5500 you are out.

Maybe small claims is your best bet, it's quick, easy and for matters under 10K wherein attorneys are not

allowed at all, well, other than to represent an LLC or a CORP.

1 Answer | Asked in Criminal Law, Business Law, Civil Litigation and Civil Rights for Florida on

Q: My daughter and I bought a Groupon for a massage with salt scrub. It was by far the worst experience both have had.

Long story short. We complained. Owner called and was confrontational. Told me I was lying about the experience and she knew because she videotaped us without informing or asking consent. State of Florida. Is this legal?

Bruce Alexander Minnick answered on May 6, 2019

Long answer short: Hire a lawyer to write a letter to the owner of the spa warning them that you are prepared to report the privacy violation to appropriate licensing authorities--unless they refund your money.

1 Answer | Asked in Business Law, Contracts, Intellectual Property and International Law on

Q: A vehicle was sold verbally told Canadian trade in w/1 accident no damage wasn’t true

I have found out it went through a series of auctions one of which announced as an accident repair vehicle, it’s had non stop problems.! Purchased a premium extended warranty which paperwork shows, dealership claimed it was basic, on top of that it’s not getting fixed properly, incomplete... Read more »

Bruce Alexander Minnick answered on May 6, 2019

Other than finding a lawyer to help you sue the dealer for breach of contract, there is nothing else you can do--unless you have some sort of leverage over the dealer.

1 Answer | Asked in Business Law for Florida on

Q: I’m in Florida and formed a llc about ten years ago but never did business and I never formally dissolved or filed yeary

I tried a business search but got no record of.

Bruce Alexander Minnick answered on May 4, 2019

So, what is your question?

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 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 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.

Timur 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 like... Read more »

1 Answer | Asked in Business Law for North Carolina on

Q: Do you know anything about service agreements?

Timur Akpinar answered on May 3, 2019

Service agreements tend to be specific to a given matter. They often address the working relationship between the parties involved. They can outline specific duties, conditions, payment terms, etc. A place to start could be to contact a North Carolina attorney to discuss such an agreement.... Read more »

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

Q: What can we do about a client who received the solution they wanted but has begun to post negative reviews?

Due to an accident that our catering delivery driver was in just short of arriving at the clients location, we were unable to fulfill the order. The customer has received a full refund, but has begun to post negative reviews online stating that we are fraudulent and even going to the point of... Read more »

William John Light answered on May 2, 2019

She is entitled to post truthful facts and she is entitled to post her opinion. You are entitled to respond. Unless your contract with her contains a non-disparagement provision, or unless she is lying, there isn't much you can do. Maybe send her a copy of the Traffic Collision Report as proof... Read more »

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

Q: If a dealership forgets to charge your down payment and you signed the contract already do you need to pay them?

I recently got a car and was putting down $2,000 as down payment but the dealership forgot to charge me the down payment but instead charged me everything else for the car. We signed the contracts already and everything was a done deal. Do I need to go back and give them the money they forgot to... Read more »

Scott Richard Kaufman answered on May 2, 2019

If you agreed to pay the money but they made a mistake, you should not, morally or legally try to avoid paying what you've agreed to pay. You'd be just like a car dealer then...

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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Criminal Law for Michigan on

Q: Licensed contractor completed work now Customer making threats. Is it civil or criminal as they claim?

Licensed builder in the state of Michigan and fully insured. Recently completed a project for a developer who was building spec homes for resale. The developer had me submit several construction bid contracts which were accepted and payments issued for the work. I completed all work stated in the... Read more »

Bruce Alexander Minnick answered on Apr 30, 2019

Justia is a free online legal forum established to allow members of the general 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 a business lawyer of your choosing. If you have not... Read more »

1 Answer | Asked in Business Law for Pennsylvania on

Q: I have a invention idea that i need to get some legal information about

Timur Akpinar answered on Apr 30, 2019

If your question involves protecting your rights with the invention, you could repost the question under the Patents (Intellectual Property) section where it could be seen by one of the attorneys who practice in that area.

Tim Akpinar

1 Answer | Asked in Contracts, Real Estate Law, Business Law and Federal Crimes for California on

Q: Can I fight for property that was never paid for years ago to my father who is no longer living in the states?

My father fled the States in 2006 after having trouble with the law but signed a bill of sale to transfer half of his business to his business partner for about $600,000 but the buyer stopped sending him money within a year. Due to this, my father signed a power of attorney to my mother (never... Read more »

Bruce Alexander Minnick answered on Apr 28, 2019

If you are wondering why lawyers here on Justia are not answering you or are advising you to consult with a lawyer who handles your particular issues it is because Justia is a free online legal forum established to allow members of the public to ask general legal questions to lawyers who volunteer... 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 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 Consumer Law and Business Law for California on

Q: Is it legal in Arizona for Walmart and other stores to require you to show your receipt and check your bags

Gary Kollin answered on Apr 25, 2019

Here is an article, a little dated, discussing the matter. There are many videos on youtube regarding it.

Hope this helps. Next time you should turn on your video

https://commons.law.famu.edu/famulawreview/vol4/iss1/2/

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1 Answer | Asked in Contracts and Business Law for Wyoming on

Q: In the state of Wyoming what are the consequences for failure to return rented personal property

Bruce Alexander Minnick answered on Apr 25, 2019

Depending on the value of the personal property you rented, and the terms of your rental agreement, you may see a collection attempt followed by a lawsuit, or worse.

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

Q: If you purchase something from a company and they do not send you your merchandise or refuse to can you prosecute?

What if it’s been done to at least 418 people that have reported it on the BBB? And they are still getting away with it?

Bruce Alexander Minnick answered on Apr 24, 2019

You cannot "prosecute." But you certainly can sue the business that is stealing money from customers.

1 Answer | Asked in Banking and Business Law on

Q: I need to start a company in Pisa Italy. I need someone to help me. I don't know how to do but I need it asap. Pro bono

please write me at demarcofilm@gmail.com

Bruce Alexander Minnick answered on Apr 24, 2019

If you have the financial resources to start a new company in Pisa Italy, it is very doubtful that you will be able to find a competent lawyer to do the work for free.

1 Answer | Asked in Real Estate Law and Business Law for Florida on

Q: Rental ?

Renting a condo in south Florida listing agent trying to charge me $775 and my realtor is charging me $775/ is this legal to do. Rent is $1,550 month

Bruce Alexander Minnick answered on Apr 24, 2019

You must have two separate written contracts, right? Read them both and then take whatever action necessary to stop one of these professionals from double-charging. Hire a lawyer if necessary.

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

Q: If an item pawned ends up having been reported stolen,but u don't find out til after u go to pay the pawn. The rightful

Owner has 60 days to come retrieve it from the pawn shop. If they don't,how long do u have to reclaim the item ,cause u already paid the loan,not knowing it was stolen til afterward.

Bruce Alexander Minnick answered on Apr 23, 2019

Whoever pawned a stolen item is sure to lose the item when the police find out where it is. If the item was reclaimed from the pawn shop before the police came to get it, they will probably go get it from whoever reclaimed it. In short, it makes no sense to pawn any item that you suspect has been... Read more »

1 Answer | Asked in Business Law and Contracts for Maryland on

Q: I did side work (bookkeeping) without a contract and I'm terminating them. What's the best way to protect myself?

One owner requested I do things that, although are non-reportable but are wrong per the IRS, I won't agree so I'm ceasing the relationship with a termination letter. How do I best word it to protect myself?

Bruce Alexander Minnick answered on Apr 23, 2019

Unless you have a written contract with the company (or person) that says otherwise, you do not have to tell them any reason why you feel the need to terminate the relationship. Therefore, IMPO you should keep your letter of resignation as short as possible, making very sure not to say anything... Read more »

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