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answered on Oct 31, 2022
It is likely the lender may institute a cause of action against you individually (personal guarantee) and has a choice of bringing a suit in either state. If your loan does not provide for a choice of law provision (unlikely, read your loan agreement) then the law of the state where the suit will... View More 
A business agreement was drawn up with an LLC but not signed.
answered on Oct 28, 2022
Florida law recognizes oral agreements in some situations- its the duration of the agreement more so than the nature of the agreement. However, in order for an oral agreement to bind, a court would have to determine that both parties acknowledge that there was an agreement made (meeting of the... View More
I have a dance company and I teach private classes at people's houses. I want to create a contract where I can stipulate time, payment and regulations
answered on Oct 26, 2022
It is generally not advisable for you to draft your own contract if you want it to be legally enforceable. You can run into problems if the parties obligations are not adequately established by the language of the contracts. If you intend to run the business for a significant amount of time, it... View More
As a freelance graphic designer is it okay for me to write in my contract that the client will be responsible for any fees or lawyers that come from them suing me?
answered on Oct 26, 2022
Yes, you absolutely can. However, be aware that under Fla. Stat. 57.105(7):
"(7) If a contract contains a provision allowing attorney’s fees to a party when he or she is required to take any action to enforce the contract, the court may also allow reasonable attorney’s fees to... View More
Us was different from what was on the contract, he wrote the amount on a sticky note . Now the dealer wants us to pay the remaining amount as the salesman gave us the wrong amount . Are we obligated to pay it .
answered on Oct 23, 2022
You signed the contract; did you read it before signing?
I need a owner financing document that protects me from buyers that will take the vehicle, never make a payment under contract, or total the vehicle and never make a payment again
answered on Oct 20, 2022
If you are a private individual selling a car, you should NEVER sell a car unless you receive payment in full at the time of sale. If you are a dealer, you should have ample availability to lenders and/or you should have a professional business relationship with an attorney who can provide you with... View More
We would like to take on clients to split the funds that the program makes from the buys/sells, but we want to be sure we do it the right way, legally and for tax reasons. We are researching resources to make sure we do this properly.
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answered on Oct 31, 2022
You might be considered a financial institution for purposes of US regulations. Since this app would have an online presence and an international reach, you'd need to ask this question in every jurisdiction where you process payments. it is likely you'll need more than one type of lawyer... View More
Also how to make sure i have voting shares and get 36% profit
answered on Oct 8, 2022
"The main difference between successful small businesses and those that fail within a relatively short period of time is good legal advice. The owners of most successful small businesses understand that retaining a competent, experienced business lawyer and paying modest legal fees to advise... View More
I want to be sure I’m protected if the buyer defaults, or fails to maintain the business. The business is a franchised restaurant so there standards that need to be maintained. If the agreement includes a down payment, would I retain it as well?
answered on Sep 28, 2022
There is always some level of risk involved in every business transaction. Providing owner financing and the nature of the franchise relationship will need to be taken into account. You can't eliminate risk, but you can manage risk by contemplating these issues in an asset purchase... View More
answered on Sep 15, 2022
Assuming that the lienholder has a valid financial grievance against you, like for not paying your obligations to them as you agreed, the answer is yes. Lienholders do not have to wait for someone else to initiate repossession proceedings to protect their liens.
They were sent a contract to hold the date via docusign, contract states it is only valid with full signature AND receipt of deposit. Deposit is only accepted via zelle, paypal and venmo(certified checks are for businesses only). They signed the contract - and didn't send the deposit... View More
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answered on Sep 3, 2022
Contract with the purpose of committing fraud is void. Therefore, I would not worry about some signed and illegal piece of paper. I would block them so that they cannot contact you again. And most certainly, do not initiate any more contact with them.
Also is it illegal to submit annual reports from an LLC showing false information as to the agents address?
answered on Aug 31, 2022
The change in the agent's address shall be reported "promptly". The required reports are to be filed under penalty of perjury (See Florida Statute 605.0205 (3)), so intentionally filing false information could in theory be a crime. And of course, if a court summons is attempted to... View More
Trying to get out of the lease
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answered on Aug 23, 2022
It depends if your lease can be "assigned." Look for this provision. If it is there, your lease continues under new ownership. If it is not there, contact a lawyer to see if you can "get out of it."
Good luck.
I hired a business broker in May to sell by business. For the last 3.5 months he has not done anything to sell my business. He hadn’t posted it on the BusinessMLS or BizBuySell. Nowhere. When I discussed my frustrations he gave me a song and dance and then told me that it’s just slow during the... View More
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answered on Aug 22, 2022
It is impossible to provide advice without reviewing your agreement with the broker.
A broker should not earn a fee if he does not actually procure a buyer, that would be unjust enrichment and likely a violation of the rules regulating brokers (FL DBPR).
You should read the... View More
A leasing company has deceived us out of 5k. The funds were paid in order to receive the keys to move in. We were not able to accrue the full amount so the company canceled. I was told over the phone and text that we would be refunded in 30 days, now they are saying otherwise. This was July 6th.... View More
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answered on Aug 18, 2022
I do not know the reasons stated for keeping your money. But typically, no one is entitled to keep the money without providing an actual service. Sounds like you might have a case.
You might want to go to small claims court which is set up for parties without lawyers.
My husband and I entered into a rent to own contract 3 years ago. We have followed the contract faithfully, including paying all property taxes for the last 3 years on the home and sending a certified letter of intent to buy before the due date on the contract. The property is owned by a company... View More
answered on Aug 16, 2022
You need to contact an attorney who handles contracts, business litigation, or real estate disputes and present them with all of the agreements and/or contracts concerning the property/sale, as well as the information for the property so that the attorney can research the property's chain of... View More
How do I document the entire process and modify the corporation articles?
answered on Aug 12, 2022
It depends on a couple of things. First, what does the operating agreement say about the withdrawal of members. If there is no operating agreement, then the withdrawal has to comply with Florida's LLC act. This isn't an expensive thing for a business lawyer to do, but you should really... View More
I bought into a company that claimed they were going to teach me how to be successful in a business and would provide coaching from people who had done the business. They claimed they had already worked out the kinks and would teach me to use their system and all I had to do was follow it. It did... View More
answered on Aug 11, 2022
If you convey facts that are 100% truthful, your statements do not constitute unlawful defamation. However, you are correct that "anyone can sue anyone". Are you prepared to spend many thousands of dollars to defend yourself (with an attorney)? All the other party has to do is to file... View More
Insurance company stated that they are not obligated nor legally allowed to pay for insurance on the rental. When someone else hits you and their insurance is reimbursing you. It seems as though they should also pay for the insurance on the rental. Is the insurance company telling me a bs story or... View More
answered on Aug 10, 2022
Check your insurance policy. The terms of the policy determine if you have coverage for a rental or not.
What are the legal implications for doing this in Florida? What is the employer or technically landlord responsible for? Thank you
answered on Aug 9, 2022
I have a client that has done this as a franchisee. You have to find a location and negotiate a master lease with the landlord with the landlord understanding that you will be subdividing and subleasing the premises to various subtenants. You need to check that the zoning will allow the intended... View More
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