Lawyers, Answer Questions  & Get Points Log In

South Carolina Business Law Questions & Answers

1 Answer | Asked in Business Law and Tax Law for South Carolina on

Q: WalMart refused my mom that is 93 years old the 1% sales tax exclusion as per law. what action can I take?

Tax code that pertains to retailers given senior citizens 85 years and older a 1% sales exclusion from purchasing tangible personal sales for his own personal use. Code 12 - 36 - 2646 pertains to retailers responsibilities. A store like Walmart in West Columbia 2401 Augusta Rd 29169 Phone... Read more »

Bruce Alexander Minnick answered on Jul 15, 2019

Nice work. Sounds like you may be getting Walmart's attention soon.

Regarding you lamentation about the difficulty of enforcement, you are correct: Unless the elderly are informed about this benefit they cannot avail themselves of it. One way to inform them is by class action litigation....
Read more »

1 Answer | Asked in Business Law and Contracts for South Carolina on

Q: Does the initial listing that you post when you’re selling a used item online account as a legal contractual offer?

Basically I was trying to sell my used computer and I posted it on various apps and online marketplaces and I forgot to take it down on one of them after I sold it. I just want to know if those initial listing are considered contractual offers or are they viewed more as invitations to offer or... Read more »

Bruce Alexander Minnick answered on Jul 1, 2019

FYI, the law is not designed to solve every little problem that comes your way during this lifetime; the Latin phrase for this rule is "De minimus non curat lex." In this case the amount of money involved is way too small to be of interest to most lawyers; and you are advised not to worry about it... Read more »

1 Answer | Asked in Contracts and Business Law for South Carolina on

Q: If I agree to custom order for a certain price, but don't say when payment is due, is the contract still valid?

Can I legally ask for payment of order upon completion of the client's custom order if the time of payment was not discussed in contract?

Bruce Alexander Minnick answered on Jun 25, 2019

Yes; and you do not have to give them whatever it is until you are paid.

1 Answer | Asked in Contracts, Business Law and Construction Law for South Carolina on

Q: Can I be sued if hvac intermittently stops working in heat due to drain issue?

Hvac works in heat and ac but drain intermittently stops heat from working. Offered to pay for remedy by another company but was refused.

Tim Akpinar answered on May 3, 2019

You could try reposting your question in the Landlord-Tenant section, since it hasn't been picked up in four weeks. You are correct in that it involves a contractual/business law matter, but you are speaking of remedies of a company that may have arisen under a lease. What you describe sounds like... Read more »

1 Answer | Asked in Tax Law, Banking and Business Law for South Carolina on

Q: If I'm an authorized signer on a corporate account, am I liable for any tax debt to the state or IRS?

I work in the accounting departing. My duties include payroll, accounts payable, paying taxes. The corporation I work for is not in any tax debt right now. Due to some changes with the bank I may need to be added as an authorized signer to move money around the company accounts, Payroll, payable... Read more »

Bruce Alexander Minnick answered on Apr 4, 2019

Although it is impossible to predict what your future has in store for you, it is safe to say that merely being the bookkeeper and having signing authority on the company account--in and of itself--is not enough to tag you for some possible taxes due in the future. However, it is just as safe to... Read more »

1 Answer | Asked in Business Law for South Carolina on

Q: Under Free Speech, what is the “matters of public concern” requirement?

constitutional law

Tim Akpinar answered on Oct 22, 2018

There is a resource that outlines free speech in the realm of public employment. It covers this and other issues related to First Amendment rights: Free Speech Guide for Public Employers, Deskbook Encyclopedia of Public Employment Law & Copyright © 2018 by the Center for Education & Employment... Read more »

1 Answer | Asked in Business Law and Contracts for South Carolina on

Q: How long does a credit app/payment terms stay valid with a vendor? Does it expire? It's been 8 years since filed.

We are going round & round with a current vendor and they sent us over a signed agreement/payment terms from 8 years ago that someone agreed to way before myself or my Controller started here. Trying to figure out how long these are valid?

Timothy Denison answered on May 7, 2018

If you actually received the goods, then the app/credit terms is a contract valid until paid or until the statute of limitations in your state expires. If you did not receive the goods per the app/credit terms, then there is no contract and no monies are due.

1 Answer | Asked in Business Formation, Business Law and Immigration Law for South Carolina on

Q: I have aslyum filed i got my SSN and work autorizan permit Can i open my own gas station? Can i get bear licenc

Carl Shusterman answered on Apr 30, 2018

Yes, with your EAD you can work for an employer or you can start your own business.

1 Answer | Asked in Consumer Law, Business Law and Municipal Law for South Carolina on

Q: What are the laws on selling alcohol in a drive thru convenience store in SC? Curbside sales, etc.

D. Nathan Davis answered on Feb 20, 2018

South Carolina has never allowed drive-through alcohol sales and it would take a change in the ABC Regulations to accomplish this. It is not believed that there is a chance such a rule would pass as the Mothers Against Drunk Drivers would come out in force to stop what they believe would encourage... Read more »

2 Answers | Asked in Employment Law, Workers' Compensation and Business Law for South Carolina on

Q: I'm a subcontractor in S.C. If I hire me (1) helper and pay him a flat salary, do I have to carry worker's comp. on him?

Carole Jean Hayes answered on Feb 14, 2018

If you only have one employee, in South Carolina you do not need to have workers' compensation insurance.

View More Answers

1 Answer | Asked in Business Formation and Business Law for South Carolina on

Q: "Short term" notice on not renewing lease by the landlord

I own a restaurant business in this place since 2006. My current lease is ending on December 31, 2017. I reached out to the landlord for a new extension in June, and he agreed. But there is an unresolved issue on the new extension agreement cause the delay on making this extension effective. I kept... Read more »

Taylor Silver answered on Nov 2, 2017

Seek out a local attorney to review your current lease and advise you of your options. Your lease terms will generally control in extension disputes provided it complies with statutes and common law requirements.

A consultation of this nature should not take all that long or be...
Read more »

1 Answer | Asked in Products Liability, Business Formation, Business Law and Lemon Law for South Carolina on

Q: I've bought a used car and the next day the transmission stops. Anything legal I can do? I purchased as is but one day?

Warranty doesn't cover the issue and salesman is not helpful at all

Peter N. Munsing answered on Mar 18, 2017

If the warranty covers drive train it should. You want to find out what the problem was. If it'something they have to know about, then you can go after them. File a complaint with better business bureau, with the attorney General;s office of consumer affairs.

1 Answer | Asked in Business Law for South Carolina on

Q: Club By Laws

I have been a member of a club for the last 30+ years. This club has always charged dues to meet expenses. For the past several years the club has experienced a positive cash flow. The previous administration concluded that the organization didn’t need the excess funds that resided in the... Read more »

Robert Jason De Groot answered on Oct 18, 2015

It is probably going to cost you many thousands of dollars to file a lawsuit to find out. Perhaps a few of the members should go to speak with a local attorney about this.

1 Answer | Asked in Business Law for South Carolina on

Q: what do I need in order to make my business an LLC?

I have been in business, this time, for the last 10 years. The name of my company is Stretch Drywall and Painting Company. I would like to make it an LLC, so that hopefully, if anything ever happens, I can not be sued directly as an individual, ie, my home and properties not taken. Would becoming... Read more »

Adam Studnicki answered on Aug 30, 2015

A local business lawyer can advise you about this situation and assist you in properly forming the entity.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal...
Read more »

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.