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Florida Business Law Questions & Answers
3 Answers | Asked in Real Estate Law and Business Law for Florida on
Q: Can a realtor ask for their commission if we backed out of a sale and purchase?

My husband and I signed contracts to purchase a home and sell our house. We cancelled both 6 days later due to uncertainty over the immediate future of the economy. We offered to pay for the cost of marketing and the home inspection paid by the buyers of our home. But our realtor wants us to pay... View More

Keith Kanouse
Keith Kanouse
answered on May 27, 2020

It depends on what your agreement with the broker provides. Also look for the Force Majeure provision (Acts of God excuses performance). Did you sign the contract before COVID-19?

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3 Answers | Asked in Business Formation, Business Law, Entertainment / Sports and Trademark for Florida on
Q: Can I trademark an exhibition/docu-series name? I'm in FL & trying to register the name under Sunbiz & USPTO.

Also, if I can register it, would I need to register it as an LLC?

Bill Hulsey
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Bill Hulsey
answered on May 26, 2020

Yes. And, we can help:

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1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Can a felon with firearm and drug convictions start an ATM business in Florida?

I was arrested for possession of a firearm by convicted felon and for growing marijuana. Since then I've been trying to change my life around and I'm looking to start an ATM business. My plan is to purchase the ATM and make money off the surcharges. I heard it's difficult for felons... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 26, 2020

This is an interesting question. As a former operations officer in a commercial bank my educated guess is that ANYONE intending upon stating a new business owning stand-alone ATMs and making money from the (outrageous) fees will have to have some sort of state license to do so; and so the Florida... View More

1 Answer | Asked in Business Law and Contracts for Florida on
Q: I never signed a contract with this company that is charging me monthly for tires and small fees, can I get my $$back?

I needed new tires and this company offers tires, that you can pay off in monthly payments ( if payed in 6 months there is no interest ) , but when I asked to see all the payments given ( about 3 months ) , only half of my money so far is paying for the actual tires and the other half are small... View More

Keith Kanouse
Keith Kanouse
answered on May 19, 2020

Did you sign a purchase order for the tires, an invoice and any written document? Did you accept Terms and conditions over the Internet? If no, then they should not be charging you other fees.

1 Answer | Asked in Business Law for Florida on
Q: Good morning, Is it legal for a customer to provide another company with my W9 that I have not given permission Thanks
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 16, 2020

Without having all the facts no lawyer can possibly answer this question properly.

3 Answers | Asked in Criminal Law, Business Law and Civil Rights for Florida on
Q: I got hired to build a website and do marketing, after taking the payment, I could do the job. I can't afford to refund.

What happens if I can't pay them back. I meant to say I couldn't do the job

Jonathan Blecher
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Jonathan Blecher pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 11, 2020

If you had a contract, the terms of that agreement will govern what their (and your) options are. They can sue you for specific performance or a judgment for the refund, plus attorney's fees. They could get a judgment against you. They can also report the incident to the police as theft, but... View More

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3 Answers | Asked in Business Formation, Business Law and Tax Law for Florida on
Q: Filing taxes for a new LLC in Florida

Dear Professionals,

I registered my LLC with the state of Florida last October, but I have not been able to start running my business properly.

My company status is showing Active and I would like to prevent the status from changing into Inactive.

Given that I have not... View More

Evelyn Suero
Evelyn Suero
answered on May 9, 2020

In order to maintain an "active status" with the Florida Department of State, an annual report must be filed each year for your business entity. More info is available on Sunbiz.org.

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1 Answer | Asked in Business Law for Florida on
Q: Can I add a member to my LLC without him sharing in profits/losses?

My friend and I have had an LLC for a couple months now, however, we are 16 years old which makes it difficult to do things such as open a bank account. If we were to add his 18-year-old brother into the LLC, could he be a member without sharing in any profits/losses and if so, would he have no tax... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 7, 2020

Whoa, slow down and think: As you are aware, minors like the two of you (i.e., children under age 18) are not legally able to enter into legal contracts because the law presumes they are too young to know the consequences of their actions--and because they can renege on any contracts they make,... View More

1 Answer | Asked in Contracts and Business Law for Florida on
Q: Is FLSA apply in this situation?

I worked with a person part time for over a year without getting paid a dime. About six month into the unstated partnership, I was added as a 10% partner in a Delaware corporation. Due many conflicts, I stopped working with her in February 2020.

Are there clause of FLSA that apply in this... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 5, 2020

No, the Fair Labor Standards Act doesn't apply to partnership members or corporation owners such as you.

2 Answers | Asked in Business Law and Consumer Law for Florida on
Q: Event was postponed to 2021. Based on festival terms, it can be postponed without a refund. What said US law about this?

My bank rejected my chargeback based on the festival host t&c. I'm not a USA citizen. I live in Europe.

Stephen Arnold Black
Stephen Arnold Black
answered on May 4, 2020

Parties to a contract have the right to negotiate terms relating to unforeseen events; and how any risks associated with said events would be assumed by the parties. That being said you should retain counsel to fully review the contract to determine your rights and make attempts to negotiate a... View More

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1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Can I get my 21k back from my friend that I transferred to for business?

I have Transferred 21k to a friend for business opportunity. My friend has played me and will not give my money back. Is it possible to sue him and get my money back? The only evidence I have are through massages.

Heather M. Meglino
Heather M. Meglino
answered on May 4, 2020

It is possible under a claim for unjust enrichment, which I will post below. The difficult part is where there is no written contract (besides text messages) there is no attorney's fees provisions. Meaning you would likely have to go pay an attorney to go after the 21k and not be able to... View More

3 Answers | Asked in Business Formation, Business Law, Real Estate Law and Tax Law for Florida on
Q: If I purchase food solely for my cooking show, can I legally deduct the cost?

I have a Florida registered LLC and plan to begin a YouTube channel under the business name. The channel would be a "how-to" cooking channel. The principle location of the business is in Maryland. Can I deduct the cost of the food and kitchenware I use for the cooking videos?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 2, 2020

This is not a legal question. It is an accounting question that you should ask of your CPA.

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1 Answer | Asked in Business Law for Florida on
Q: How is it legal for Spectrum to charge for services that you are not receiving? (Not Prorating)

Spectrum stopped prorating bills last summer, but doesn't ensure their reps inform the customer before processing the downgrade mid-cycle. Nor, do they have systems in place to continue your services until the end of the cycle before it processes the downgrade. I don't understand how... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 28, 2020

This is not a legal question. This is a consumer question that does not involve the legal profession.

1 Answer | Asked in Business Law for Florida on
Q: My Florida Not For Profit was registered in 2012 and is a homeowners association. Does the 2019 HOA law apply to us ?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 26, 2020

No online lawyers can ever even begin to answer this very important question; the HOA will HAVE to hire an experienced lawyer who represents HOAs to review your HOAs charter and all the amendments and annual reports, then review the new law before being able to help your HOA. You can email the... View More

2 Answers | Asked in Contracts and Business Law for Florida on
Q: Now how do I get them to remove my books from their website?

I asked nicely its been months and they're still advertising my books.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 22, 2020

You are going to have to sit down and write up a whole bunch more facts before any experienced lawyer will ever try to give you advice.

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1 Answer | Asked in Contracts and Business Law for Florida on
Q: OK so weve established that its expired but this what it says about it.

This contract is good for a term of three (3) years. Either party can terminate this agreement in writing with a thirty (30) day notice. Any deals, events, performances etc,,, that where done during the time of this contract will still be deemed a part of this contract and *** will be paid twenty... View More

Keith Kanouse
Keith Kanouse
answered on Apr 22, 2020

If the contract has expired, then neither party has any further obligations to the other party except payment owed for bookings. Does the contract have any provisions that survive the expiration such as confidentiality, non-compete, indemnification, etc.?

2 Answers | Asked in Business Formation and Business Law for Florida on
Q: The jurisdiction that constituted the principal place of business... immediately prior to filing cert of domestication?

What is this request referring to/asking for? An address? A state or county? It's unclear.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 9, 2020

I don't know what form (or "request") you are trying to complete, but they are probably asking for the state.

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1 Answer | Asked in Business Formation and Business Law for Florida on
Q: I am thinking about starting a home based business in FL. How will this impact my homestead exemption?

If there's a slip and fall or other issue would I be less protected with a home based business than if I rented a regular business space? Is both the business and the business owner liable whether a slip and fall occurs at home based business or a nonhome based business?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 9, 2020

If you are starting ANY business you should hire a lawyer who has great experience in owning and operating their own small businesses and has consulted with many different kinds of small businesses for decades. The uncertainty you are now feeling will only get worse and worse--until you have a... View More

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