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If its is with a commercial entity is there a exception?
answered on Jan 22, 2021
You can only request attorney's fees if (1) it's specifically provided for in the contract; or (2) there is a statutory cause of action that provides for a claim of attorney's fees. So, it sounds as though you do not have a contractual basis. However, perhaps there is a statutory... View More
I sold a computer to a pawnshop that said AT MOST they could sell it for 1200, so they gave me 650. I just saw the computer listed, and sold by them, for 2200. They deliberately lied to me, and undervalued my product.
answered on Jan 17, 2021
You do not have a claim for this. The buyer/pawn shop has no duty to tell the truth about what they believe the value of your property is worth. As the owner and seller, you should know or be capable of researching the fair market value of your property before you sell it. Also, pawn shops are... View More
or do I sign under paragraph B as lesser of a majority?
answered on Dec 8, 2020
Who owns the company? If you are majority or sole owner, you can vote a new board of directors and install new officers, or if you are president and are not directly constrained by the by-laws or shareholders agreement from doing so you can fire the Vice President, Secretary and Treasurer or any... View More
answered on Dec 5, 2020
This is great news. If you should have any need for legal counsel, be sure to look up a lawyer in your area experienced in business law.
I was a buyers agent for a gentleman in Texas, I found him a horse in Tennessee to purchase.
The buyer paid me and I paid the seller for the horse, shipping was arranged.
My buyer found out some personal news and had to cancel the sale. I have refunded the buyer his money already,... View More
answered on Nov 11, 2020
You're going to need a lawyer in Tennessee, where the seller and horse are located. You, or your principal, may be bound to the purchase of the horse. Why as the agent you took it upon yourself to reimburse out of your own pocket the buyer's money, after the seller had received the... View More
If I wanted to publish a book and sell it with pictures of memes from the internet is there a copyright issue? I looked online and saw a lot of different opinions.
My first thought is always “what are the copyright implications”? These memes do not have signatures and I have no... View More
answered on Oct 27, 2020
That is a very interesting question. It is very likely a minefield.
You need to consult with an attorney for guidance and strategies to mitigate (can never bring to zero) your risk.
Also consult with an insurance agency specializing in copyright coverage. They can make an assessment... View More
The article of incorporation makes no reference to its being a close corporation.
answered on Aug 17, 2020
Then likely it is not a close corporation. You can check SDAT entity filings, as the company should be designated as a close corporation, and the articles of incorporation are required to state that the company elects that status. If there is not a clear and unambiguous statement to that effect,... View More
Do you offer pro bono for this?
answered on Aug 4, 2020
A Maryland attorney could advise best, but your question remains open for two weeks. You could use the Find-a-Lawyer tab above or search for attorneys on your own. But many of the attorneys and organizations that offer pro bono services usually do it based on financial need in areas such as... View More
i sold business on monthly payment now buyer stop payment and close account. When i check my legal document I missing the" promissory note". In bill of sale and agreement it doesn't mention by CPA , when happens, if buyer refused to make a payment. CPA told me my only option is the... View More
answered on Jul 29, 2020
You cannot sue for negligence. This is a breach of contract. You didn’t use a lawyer, apparently, for this transaction. If your CPA provided the sales contract for this transaction then he was engaged in the unauthorized practice of law, which is another matter altogether. Take your documents to... View More
I am seller of business and sold to Buyer for 30k and we agree on 10k monthly payment.payment was $1000 every month but after 2 payments, buyer stop payment and also closed bank account. now buyer wants to negotiate the balance for 6k for 8k (one time payment). I still have those 10 checks... View More
answered on Jul 28, 2020
The buyer is in breach. Sue for the amount owed on the purchase contract.
I have an LLC and registered it in 2016. I failed to file the property taxes/ or annual report and didn't realize I have to do so. I am making anything from the business and income is zero up until now.
I figured that I can revive or reinstate my business but that requires a filing of... View More
answered on Jul 3, 2020
You can walk away, do nothing. Do not carry on business under the name (or if you do, you are a sole proprietor—so you can register the name, without the LLC designation, under your personal name). If you want to continue in business as an LLC without paying the costs of reinstatement you can... View More
answered on Jun 22, 2020
Sue who? Did you sell the business or buy it? His accountant works for him, not you. You don't have an agreement with the accountant. You can't sue the accountant. If you are owed money and sue, it is for breach of contract. Legal fees are only allowed if the contract says they are.... View More
Payment start on may 2020. Business sold on 02/29/2020. First check clear and 2nd stop . Reason he hold my check because he has issue with POS,sink, AC.
answered on Jun 21, 2020
There should be a buy-sell agreement, and I assume a promissory note securing payment of the terms of purchase. Those documents govern your remedies. Take them to a lawyer to review. Unless he is arguing intentional fraud or concealment of material defects in the property owned by the business... View More
I was a partner with an LLC startup & it converted to a C-Corp in Jan 2019. At that point, I had been vested 33% of my LLC units/C-Corp Shares. In Apr 2019, my total number of shares (vested + unvested) were reduced from 125k to 48k. In Jul 2019, I vested another 33% of the new amount (half of... View More
answered on May 17, 2020
There are several different types of restricted equity that can be provided to an employee. Each is taxed in a different way. To review your particular situation is going to require the documents for the equity grant and the conversation documents to be reviewed.
Without a thorough... View More
Is it legal for me to rent out my Maryland state home to my LLC (Registered in FL)? My LLC's principle address is the same as my Maryland home, but now I want to rent the home entirely to the LLC and move out. I would live somewhere else, but use the home for business purposes only. Given the... View More
answered on May 1, 2020
I agree with Mr. Blackburn that it is perfectly legal, but I don't think it accomplishes what you are trying to accomplish. If the LLC you form is a passthrough entity with partnership taxation, then the formation is a wash. The rental income passes through to you after writing off the... View More
on my day off I received a termination letter from Amazon stating that the reason for termination is I executed a confidentiality and invention assignment agreement. What does this even mean? I am so confused right now.
answered on Apr 13, 2020
To speculate, given the lack of facts- perhaps the company is alleging a violation of their confidentiality agreement, rather than alleging that you signed one with another company. It might be advisable to discuss with a labor/employment attorney.
I work for arbys. The law was passed in 2018 it states for an employer with 15 or more employees they owe 1 hour of paid sick time for every 30 hours. I said something to my area supervisor he said since we only have 10 employees at my store it doesn’t affect us
answered on Feb 18, 2020
The Maryland Healthy Working Families Act (aka Sick and Safe Leave) is a vague about whether franchises of the same restaurant chain would be counted together as the same employer for purposes of the 15 employee threshold. However, it is clear that if the national chain is properly the... View More
answered on Jul 24, 2019
You’re mixing apples and oranges. First, any business that is not a state-registered entity (corporation, limited liability company, close corporation, etc.), is simply a sole proprietorship and all owners are personally at risk. A registered corporation can elect “Subchapter S” taxing status... View More
answered on Jun 18, 2019
Say what? How can anyone know whether you "have a Maryland Consumer Loan license" or not? And why do you not know?
We are a cabinet manufacturer. We are attempting to be a women owned business that was created last year. We have not sold any work as of yet. We do have equipment we are paying for. The shop is located on my property, and everything is in my name. If I am not able to force them out, can I... View More
answered on Jun 11, 2019
You can withdraw from the company, boot it out of your home, and demand liquidation of the assets, and either pay your co-owner their fair share of the costs they expended on the equipment, or otherwise buy out out the equipment. Meantime, start a new LLC and begin cabinet making under a new... View More
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