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Colorado Business Law Questions & Answers
1 Answer | Asked in Business Law for Colorado on
Q: In Colorado, can you legally write up your own contract for your business, or must a lawyer provide said contract?

I am starting my own lead generation/supplier business for home renovation purposes. it requires me to have a contract in place for my clients to sign as well as the contractors who will be doing the work. I am starting this business in Colorado and I need to know if I can write up my own contracts... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Jan 22, 2018

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...
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1 Answer | Asked in Business Law and Insurance Defense for Colorado on
Q: Is it illegal to unknowingly send an advertisement for homeowners insurance to a minor in Colorado?

I own an insurance agency and purchase lists that are supposed to be names, addresses and potential homeowners renewal dates. The vendor I use pulls information from public records like real estate transactions and the census. Occasionally, in a month with a list of 4000 potential homeowners... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Jan 15, 2018

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....
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1 Answer | Asked in Business Law for Colorado on
Q: I'm running an advertisement for my company and I'm not certain it's legal, I need some feedback on it-

So my entire website is oriented around (Free just pay shipping) which obviously covers the cost of the product + profit, now, I did verify that the business model itself is legal, I researched it thoroughly and the cost of shipping + handling is at the discretion of the person selling the product.... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Dec 27, 2017

You should consult an attorney who can advise you on your situation.

1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Colorado on
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?

I work for a small business as an employee that does watch repair by mail. A customers watch was lost in the mail - but now he has sued me personally in small claims court for the lost watch. How do I proceed because I was working as an agent of the company? I don't think I should be... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Dec 12, 2017

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.

1 Answer | Asked in Business Law for Colorado on
Q: Can I use the standard meal allowance method to calculate M&IE deductions when traveling internationally for business?

I am self-employed and will be in Geneva, Switzerland for business meetings.

D. Mathew Blackburn
D. Mathew Blackburn
answered on Nov 16, 2017

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

1 Answer | Asked in Business Law and Contracts for Colorado on
Q: Hi, I foolishly paid a fee for a loan consultant service when starting up a business; help me not pay?

I paid $2000 up front and then submitted my own bus plan, articles of incorporation, etc. I never received any offers for funding or help from them; I was told, not in writing- my foolish mistake- that if I did not get funding in 90 days that I would get a full refund; the manager is very hostile,... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Nov 15, 2017

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.

1 Answer | Asked in Business Law for Colorado on
Q: We moved from NM to CO w/ two LLCs. We have to dissolve the LLCs in NM, correct? Just Articles of Dissolution needed?

We registered the LLCs as a foreign entity in CO. But looks like we'll have to go through entire LLC setup process again once NM LLC is dissolved. Correct?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Oct 26, 2017

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... View More

1 Answer | Asked in Business Law for Colorado on
Q: We run an ecommerce site to sell products

As you might know, some manufacturers require MAP. Some are now using third party companies to scour the internet for violators of MAP. They will catch one website and do an automated search for their part numbers off your website. Here is such a company http://www.orisintel.com. We had one... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Sep 27, 2017

File a lawsuit.

1 Answer | Asked in Business Law and Employment Law for Colorado on
Q: Does a retention agreement, where my company is moving locations (and I am not) and I am being retained for two months

and then being given severance, does that supersede and override a non-compete agreement?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Sep 1, 2017

Not automatically. Any deviation from prior contractual agreements should be included in the retention agreement.

1 Answer | Asked in Business Law and Consumer Law for Colorado on
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?

My wife and I were test driving a vehicle that we had a licensed broker pick up for us to show us the car. While we were test driving the vehicle, the dealership began paperwork on the sale of the vehicle and demanded it to be returned to the dealership by the broker agent. Is this legal or just... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Aug 30, 2017

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... View More

1 Answer | Asked in Contracts, Business Law and Consumer Law for Colorado on
Q: Is it legal to have people sign a non-compete when testing out a dating method? Please read more for details.

I've developed a method that deals with males addressing anxiety issues and other common inhibitions when it comes to approaching and talking with females in a fun, flirty or romantic nature. I've begun trial runs and things are going well. The girls I'm using for the males to work... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Aug 6, 2017

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... View More

1 Answer | Asked in Business Law, Contracts and Lemon Law for Colorado on
Q: If I have a title for a vehicle I traded into a dealership, can I go get it from the dealership?

I traded in a vehicle to a dealership. I had two months of hits on my credit report because the dealership did not pay off the traded vehicle. When they finally did, the title was mailed to me instead of the dealership. I am reluctant to do this dealership any favors. If the title is all I need to... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Jul 6, 2017

You should hire an attorney. This is a tricky situation that's going to have to be handled with a bit of care.

1 Answer | Asked in Business Law, Family Law and Real Estate Law for Colorado on
Q: I have a rent to own agreement and the landlord wants me to sign a new lease. How long do I have to respond?

We started a business and My father in law agreed to sign on the mortgage in order for me to start this farmstead bed and breakfast business. I have been paying the bank directly for the last 5 years and have completed tens of thousands of dollars of improvements and repairs. They are trying to... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 26, 2017

There is no set time except for any set forth in the offer. An offer may be withdrawn if not accepted within that period. However, the real issue here is for you to take steps to enforce your original agreement. Alternatively, you may have a claim for unjust enrichment. You should retain an... View More

1 Answer | Asked in Business Law for Colorado on
Q: Start a online business from home in Colorado. I don't have a room set aside for home office. Do I need to register

Do I need to register my business if I don't have a Nexus and should I hire a lawyer just in case the state tries giving me fees.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jun 20, 2017

Yes, you must register with the state for any business operated in the state and/or located in the state. Your local county and likely city will also require registration and taxation for all non-service business transactions.

1 Answer | Asked in Business Law, Collections and Personal Injury for Colorado on
Q: Can a lawyer call you on your personal phone and at work to collect a personal debt owed to his friend?

He is a personal injury attorney who is contacting me about a friend I supposedly owe money to. He even sent me a text asking for my address. I doubt he has a fee agreement with the other party but it feels like harassment at this point. I'm not trying to sue him but can I make a complaint to... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jun 8, 2017

Yes.

2 Answers | Asked in Business Law and Tax Law for Colorado on
Q: What type of tax filing option is best for my business?

I’m starting my own yoga business and trying to figure out how to do my taxes before launching. It’s not a traditional yoga studio or anything, it’s going to be primarily online (YouTube, email newsletter to subscribers, subscription sites that host yoga and fitness videos from various... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Jun 6, 2017

You should seek out a tax attorney to advise you. You're asking for legal advice and attorney's can't provide legal advise to people who are not their client.

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1 Answer | Asked in Business Law and Contracts for Colorado on
Q: Signed non compete. Territory was expanded without new contract. Does the original contract apply to territory changes?

I signed a non compete, as the title states. Later, my office was closed and I was transferred to another office and had my territory expand. Does my original non-compete contract cover the expanded territory? At the end of the job, I changed my territory. Does the non-compete start from the end of... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on May 11, 2017

You will need to contact a lawyer directly (and pay for their opinion) to review the contact and the circumstances to provide a legal opinion.

1 Answer | Asked in Business Law, Collections, Lemon Law and Consumer Law for Colorado on
Q: The company didn't pay return shipping cost for wrong item shipped. UPS held me responsible for the bill as a shipper

The company shipped to me freight delivery that I never have bought from them. After long dialog with different departments of this company I received promises from Claims Department to resolve this problem and they are working on it. They are ordered pickup of their merchandise. But they did not... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 4, 2017

You may have grounds for a case. You should continue to try to seek an agreement between you and the seller (not UPS), but if this does not work litigation is your best choice. You likely qualify for small claims court. You may need an attorney for assistance, but you are not required to have an... View More

1 Answer | Asked in Employment Law and Business Law for Colorado on
Q: can the denver rescue mission give work therapy without being licenced?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 30, 2017

A lawyer will need to review the specifics of what "therapy" is being provided. As a general rule, certain types of assistance with finding employment does not require licensing in Colorado. If you are referring to VA work, full compliance with state and federal rules usually required.... View More

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