Colorado Business Law Questions & Answers

Q: Question on Retail Lease

3 Answers | Asked in Business Law, Contracts, Real Estate Law and Landlord - Tenant for Colorado on
Answered on Jul 14, 2018
John Roland Lund's answer
Your option to renew is an enforceable contract right. So long as you have complied fully with the notice requirements and are not in default on the lease, it is your unilateral right to renew at the rates set by the lease.

If your position is valid then if you remain past the end of the current term the landlord would have to file a lawsuit and seek an order of eviction. But if you have validly renewed the lease then you should be able to defeat that eviction action.

You...
View Details »

Q: What happens if a person does before they sign they're WILL?

1 Answer | Asked in Contracts, Family Law, Business Law and Probate for Colorado on
Answered on Jun 13, 2018
John Hyland Barrett III's answer
If he dies without signing the will, his estate will be distributed according to the law of intestate succession. Generally: to his spouse; if no spouse, then to his children.

Q: CRM software company trying to charge extra $500-$1000 for me to export my customers' info when I cancelled the software

1 Answer | Asked in Consumer Law, Contracts, Business Law and Patents (Intellectual Property) for Colorado on
Answered on Jun 13, 2018
Kevin Flynn's answer
I do not see a patent issue here. I hope you find an attorney with the right background to help you. Ideally, this would have been something you worked out before you populated the site with data that you need.

You may want to Google around to see if others have dealt with this issue or seek help from the folks that will provide the software solution to replace Agemni.

Q: I'm a designer. I hired a contractor. He built kitchen cabinets and hired a finisher to finish them.

1 Answer | Asked in Business Law for Colorado on
Answered on Apr 28, 2018
D. Mathew Blackburn's answer
It would a county court case which has jurisdictional authority on cases between $7,500 and $15,000. You would have to determine venue (Which county to file in) under the court rules. Generally you would sue everyone that did not fulfill their obligations under the contract. In this situation it may be the finisher only or the finisher and the contractor.

You should look for an attorney, county court is complex.

Q: Are paying taxes voluntary or law?

3 Answers | Asked in Business Law and Tax Law for Colorado on
Answered on Apr 11, 2018

Q: I am on h4 visa and I have a lot of hotwheels cars. Can I sell them online ?

1 Answer | Asked in Business Law, Immigration Law and Consumer Law for Colorado on
Answered on Apr 4, 2018
Stanley Dale Radtke's answer
Yes you can sell your personal property on line without offending your immigration status. However, you may have a duty to report this income to the IRS. Please consult with a tax specialist on what is required to remain in compliance with tax law.

Q: Purchasing an existing company, trying to figure out where to incorporate for best tax advantages.

1 Answer | Asked in Business Law and Tax Law for Colorado on
Answered on Mar 24, 2018
D. Mathew Blackburn's answer
Generally the best approach is to register in the state of operation. Also be aware you will pay income taxes to CO regardless of where you set up the LLC because an LLC is a passthrough entity and you are a CO resident.

You need to retain a business/tax attorney that can advise you on the legal and tax ramifications of not only where to set up the LLC but also state sales and income tax nexus.

Q: We are a 22 year old software company that recently received a judgment from a customer for a large amount.

1 Answer | Asked in Business Law for Colorado on
Answered on Mar 14, 2018
D. Mathew Blackburn's answer
The developer, even though he wrote the software, would not be able to sell it without a license. This assumes the S-Corp owns the software either as a contributed asset or as work for hire. The judgement holder would likely seek a writ of garnishment to seize the rights to the software then sue the developer for infringement. If the developer want the software he would need to buy it from the S-corp at fair market value. If it's distributed to him or sold for less than FMV it would be...

Q: In Colorado, can you legally write up your own contract for your business, or must a lawyer provide said contract?

1 Answer | Asked in Business Law for Colorado on
Answered on Jan 22, 2018
D. Mathew Blackburn's answer
You can absolutely draft your own contracts for your business without an attorney. It's not a good idea but you can do it. What is illegal, unauthorized practice of law, is to advise others on the legalities of contracts.

Regarding enforceability of the contracts you write is an entirely different issue. You're going to do the best you can and you're taking your chances that you're just as good as or better than someone who studied law for three years, passed the bar exam, and then...

Q: Is it illegal to unknowingly send an advertisement for homeowners insurance to a minor in Colorado?

1 Answer | Asked in Business Law and Insurance Defense for Colorado on
Answered on Jan 15, 2018
D. Mathew Blackburn's answer
No, that woman's an idiot.

Even if it were illegal it would be prosecuted by the county attorney for a criminal act, or more likely the Dept. of Regulatory Agencies (DORA) for a regulatory violation. She has no private right of action to sue you for mistaken advertisement.

The question should be what are you putting your kid's name on that it's ending up on this list.

Q: I'm running an advertisement for my company and I'm not certain it's legal, I need some feedback on it-

1 Answer | Asked in Business Law for Colorado on
Answered on Dec 27, 2017
D. Mathew Blackburn's answer
You should consult an attorney who can advise you on your situation.

Q: I work for a small biz as an employee and was sued personally (small claims) for a mistake the biz made. What do I do?

1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Colorado on
Answered on Dec 12, 2017
D. Mathew Blackburn's answer
Hire an attorney, A company policy is not the law and they can sue you and the company. You'll have to respond to the complaint and defend yourself at trial if necessary.

Q: Can I use the standard meal allowance method to calculate M&IE deductions when traveling internationally for business?

1 Answer | Asked in Business Law for Colorado on
Answered on Nov 16, 2017
D. Mathew Blackburn's answer
Yes, just make sure you use the international tables not the domestic.

INternational: https://aoprals.state.gov/content.asp?content_id=184&menu_id=78

Domestic: https://www.gsa.gov/travel/plan-book/per-diem-rates

Publication 463: https://www.irs.gov/publications/p463

Q: Hi, I foolishly paid a fee for a loan consultant service when starting up a business; help me not pay?

1 Answer | Asked in Business Law and Contracts for Colorado on
Answered on Nov 15, 2017
D. Mathew Blackburn's answer
It's going to depend on the contract and whether they followed state funding laws whether you can get out of the obligation or get any money back. Let me know if you'd like to setup a consult and we can discuss costs and options.

Q: Can Corporate titles be changed when when the company is in negotiations to be sold?

1 Answer | Asked in Business Law for Colorado on
Answered on Oct 27, 2017
Salim U. Shaikh's answer
Well, as you are ready to decorate the other half of your company as CEO/President (even if useless title) there seems to be no impediments in your way. Currently you both are on equal terms having 50:50 share in your company and other liabilities if not otherwise spelled out in articles of partnership deed. The moment you sell out, your partner will evidently become 100% shareholder or say full owner of that company, that means, the very nomenclature of the company is bound to change and...

Q: We moved from NM to CO w/ two LLCs. We have to dissolve the LLCs in NM, correct? Just Articles of Dissolution needed?

1 Answer | Asked in Business Law for Colorado on
Answered on Oct 26, 2017
D. Mathew Blackburn's answer
Not quite, to avoid tax issues it's often better to create the new LLC in Colorado and contribute your interests in the NM LLC to the CO LLC then dissolve. Remember that if you dissolve a company you are taxed on the FMV of the assets reduced by your basis. It's going to depend on your basis, FMV, and other factors which approach is best.

Q: We run an ecommerce site to sell products

1 Answer | Asked in Business Law for Colorado on
Answered on Sep 27, 2017

Q: Does a retention agreement, where my company is moving locations (and I am not) and I am being retained for two months

1 Answer | Asked in Business Law and Employment Law for Colorado on
Answered on Sep 1, 2017
D. Mathew Blackburn's answer
Not automatically. Any deviation from prior contractual agreements should be included in the retention agreement.

Q: Is it legal for a car dealership to sell a car while it is off the lot and being test driven by another person?

1 Answer | Asked in Business Law and Consumer Law for Colorado on
Answered on Aug 30, 2017
Tristan Kenyon Schultz's answer
Unless you or your broker had a contractual arrangement to hold on the sale of the vehicle, the dealership can sell a car that is not on the lot and/or is being test driven. If the dealership "sold" the car without really selling the car to simply prevent the broker from forcing a discount on the vehicle, the broker could potentially to sue dealership (and have you, the buyer, enter as a 3rd party beneficiary), but this would be a hard case to prove (and likely the legal costs would exceed the...

Q: Is it legal to have people sign a non-compete when testing out a dating method? Please read more for details.

1 Answer | Asked in Contracts, Business Law and Consumer Law for Colorado on
Answered on Aug 6, 2017
D. Mathew Blackburn's answer
The non-competes would be very difficult to enforce under Colorado law. The "test run males" are not working for you they are the customers.Non-competes can't be enforced against customers, you can't stop someone from using another firms services. You could ask them to sing non-disclosure agreements but again they are difficult to enforce. I'm making an assumption you have a legitimate business method and we're not talking about prostitution. If it is a truly new and unique method you would...

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.