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Texas Business Law Questions & Answers

1 Answer | Asked in Contracts, Employment Law and Business Law for Texas on

Q: Is it legal for a property management company to force a contractor to fill out a questionnaire inquiring if we the con

Is it legal for a property management company to withhold payment and force a contractor to fill out a questionnaire inquiring if we the conTractor or contractor’s employees are part of any civil or criminal actions, administrative, or legal proceedings? Not that we are but I found it odd that... Read more »

Bruce Alexander Minnick answered on May 3, 2019

Yes, it is perfectly legal for property management companies to require such sensitive information from contractors, as well as all other venders. In fact, many property management companies require vendors to post surety bonds before hiring them.

Bottom line: If you ever want to work for...
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1 Answer | Asked in Business Law for Texas on

Q: What is the best way to remove (non-participating/refusal to participate) members from an LLC setup as a partnership?

Matthew Valley answered on Apr 27, 2019

That really depends on the governing documents. You really need to consult with a local business attorney to determine what avenues are legally available to you.

2 Answers | Asked in Contracts, Products Liability, Business Law and Construction Law for Texas on

Q: Subcontractor nonpayment on "bad job" no contract. Phone records, text & email.

I recently worked as a subcontractor, staining a concrete floor that was covered in mortar, paint, glue, and holes & the house was being fixed from hurricane Harvey flooding. We had only communicated with the contractor & have recordings of us telling them how the patching wasn't going to match up... Read more »

Bruce Alexander Minnick answered on Apr 8, 2019

AVVO is a free online legal forum established to allow members of the public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. Your important small business question should be directed to your business lawyer. If you have not consulted or retained a... Read more »

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1 Answer | Asked in Business Law, Consumer Law and Contracts for Texas on

Q: Hello... I was given a fraudulent maintenance contract by a large auto group where I had purchased a new vehicle

I purchased the vehicle brand new the dealer Jerry Durant Auto group promised me 3 years of free oil changes (they wrote and signed it on the contract envelope) after a year and a half of service I was told I had to pay for future services. When I showed them the envelope with the agreement they... Read more »

Bruce Alexander Minnick answered on Apr 1, 2019

De minimus non curat lex

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

Q: Legal ways I can get a green card while in year one or two at the University no matter the cost

Because I want to start up legal businesses while in school

Deron Edward Smallcomb answered on Mar 15, 2019

There are definitely options if you are willing to invest a significant amount of money in the USA. Feel free to contact us or another experienced immigration lawyer for assistance.

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Business Law for Texas on

Q: I was given a warranty deed but I'm confused if it is only for the real estate or is personal property included?

The family has said they are going to auction his personal belongings however there is a lien on the property and also back taxes how can the money made go towards those items or do I need to try to go through probate? I'm not sure what that really is but this is all pretty confusing

Thomas A. Grossman answered on Feb 12, 2019

A warranty deed should cover the real property and any fixtures that are affixed to the property. Since I don't know who "the family" is, or how they relate to you, I cannot give you much of an answer. Also, you are asking me to address Texas law, which I am sure is different than California law.... Read more »

1 Answer | Asked in Business Law for Texas on

Q: What is the best way to try and show your ideas to someone and protect your ideas. With little ow no money?

I always have ideas 10-20 yrs ahead.but never jad the resources to capitalize on them first.please help me to make my dreams come true. Within my Good ideas.

Timur Akpinar answered on Jan 31, 2019

You could additionally post your question in the Patents (Intellectual Property) section of this site, where it would have a better chance of being picked up by a patent attorney.

Tim Akpinar

1 Answer | Asked in Business Formation, Business Law and Contracts for Texas on

Q: A friend has 2 companies under her LLC. I want to start a third business under her LLC. What would it take?

Is it a good idea to add a third? Does it matter if I my company is for companionship for the elderly and the friend companies are more toward selling product?

Abraham C. Bloomenstiel answered on Jan 22, 2019

Thanks for your question. Unfortunately, this is a difficult question to answer without more information. It would help me to know the type of LLC your friend has and what ownership or relationship your friend's LLC or other two companies under it will have with the new business that you want to... Read more »

1 Answer | Asked in Business Law for Texas on

Q: can a customer sue me for unknowingly making a false statement?

I work at Goodwill which is a thrift store.I started working there three months back.On my first day by mistake i told one shopper that all are clothes are washed before putting them on the floor.Though he has never shown up again but i am scared that one day he will know the truth and sue me... Read more »

Timur Akpinar answered on Oct 23, 2018

It sounds like you made an innocent mistake that any employee could make in the first few days of being on a new job.

Tim Akpinar

1 Answer | Asked in Business Law, Contracts and Real Estate Law for Texas on

Q: My late father bought a ranch 2012, I didn't find any documents of the transaction but payments receipts of about 300k

In order for me to keep doing payments and not loose property to seller we created a REAL ESTATE SALES CONTRACT for me to keep paying and feeling secure. We decided to move from just a REAL ESTATE SALES CONTRACT to TITLE and seller refuses to sign warranty deed before we negotiate the gasline... Read more »

Tammy Lyn Wincott answered on Aug 6, 2018

I suggest you search the County deed records where the land is located. There may have been something filed that you're unaware of.

Further, consult with a real estate attorney in your area that can review the paperwork you have signed and go over the other facts with you in private.

1 Answer | Asked in Contracts, Criminal Law, Business Law and Civil Rights for Texas on

Q: What type of lawyer would I need to get?

Gary Kollin answered on Jun 4, 2018

For what?

1 Answer | Asked in Contracts, Business Law and Civil Rights for Texas on

Q: We paid cash money upfront and the individual has yet to do the job and isn’t going to do the job. What can we do?

We paid $4k cash. We have a hand written receipt from the individual. We have all of our communication on text message with excuse after excuse.

Gary Kollin answered on Jun 4, 2018

There is a possibility he can be reported to the authorities for fraud. His past history for failing to complete jobs would be a factor.

Otherwise, sue him

1 Answer | Asked in Contracts, Copyright, Business Law and Trademark for Texas on

Q: Received letter 2day from Git-R-Done Productions,Lawyers telling me 2 change my comp. name or else from Git-R-Done Limo

I received letter today from Git-R-Done Productions Inc , Lawyers telling me 2 change my company name or else be sued from Git-R-Done Shuttle & Limo to another name. Really how can someone own a word

Jason Brooks answered on May 1, 2018

This production company is owned by the comedian, Larry the Cable Guy who has trademarked the phrase "Git-R-Done" in a variety of different classes. If they happen to own the trademark in the class which would include limo/shuttle services, then they have a right to demand you cease and desist use... Read more »

1 Answer | Asked in Real Estate Law, Business Law and Business Formation for Texas on

Q: Do we need to start a new LLC for a building and land in TX and do we need both in the new LLC's name?

Our accountant is advising us to move the newly constructed office/warehouse building that our company built into another LLC for protection. The one issue that she had was that the building was built on one of the partners properties and it is still legally in his name but the building was build... Read more »

Benton R Patterson III answered on Apr 20, 2018

Texas law does not require you to put the building in an LLC, although doing so may provide liability protection. An attorney would need to understand the entire situation and review the title documents to advise on how to structure the LLC and what assets it should hold.

1 Answer | Asked in Business Law for Texas on

Q: if a person is member of two LLCs and one gets a loan and defaults. can collectors come after the other LLC ?

Benton R Patterson III answered on Apr 20, 2018

This is not common, but possible. An attorney would need to review the loan documents and know more about how the two entity are related to answer this question for sure.

1 Answer | Asked in Banking, Business Law and Real Estate Law for Texas on

Q: I am using cryptocurrency investment profit for closing costs. They dont accept it.

I have an account with a government regulated US company for cryptocurrency investments (Coinbase Inc.) and the lender do not want to take my money to cover the closing costs because they do not understand what cryptocurrency is. Is this possible and legal?

Benton R Patterson III answered on Apr 20, 2018

In Texas, businesses do not have to accept cryptocurrency as payment. Your best bet is probably to sell the cryptocurrency for US dollars and transfer the money to a standard bank account.

1 Answer | Asked in Banking, Business Formation and Business Law for Texas on

Q: My friend and I want to open a join business account. We will be opening it with a DBA but I'm concerned about banking

My credit union says that no institution has the option to restrict withdrawals from a joint account unless both parties sign for the withdrawals. However, a contract I've created gives such an option. How valid is a notarized contract in this case if institutions do not offer mandatory signatures... Read more »

Benton R Patterson III answered on Apr 20, 2018

Generally, a contract is only binding on the parties who sign the contract. If the bank is not a party to the contract, it does not have to follow it. You and your business partner can contractually agree to limit the money each of you can withdraw from the account. However, you would not be... Read more »

1 Answer | Asked in Business Law, Intellectual Property and Patents (Intellectual Property) for Texas on

Q: I want to buy disposable cups from a manufacturer and then sell them on Amazon, however I am worried about patents.

Amazon ecommerce, private label, FBA, etc.

Kevin E. Flynn answered on Apr 3, 2018

You are correct that this is a legitimate worry. Patent liability attaches to those who make, use, sell, offer to sell, or possess an item that infringes an unexpired US patent.

If your supplier is located outside of the US, the patent owner may sue you and leave it to you to collect from...
Read more »

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Business Law for Texas on

Q: Is it legal for me to sell fda approved supplements? Or do I need some type of license first?

I want to start a small buisnsss of reselling fda approved supplements but it different blends, not sure if legal

Grant St Julian III answered on Mar 11, 2018

It depends on the specific supplements and how you want to sell the (internet only, storefront etc.) Talki with a business/corporate attorney in your area.

1 Answer | Asked in Business Law for Texas on

Q: Can I claim the assets of a previously dissolved company if my company has the name now?

Can I claim the assets of a previously dissolved company if my company has the name now? I didn't know that the company was owed 28,000, but now I have the name of the company now and its incorporated in TX. Can I claim the assets?

Benton R Patterson III answered on Mar 6, 2018

No, you cannot claim the assets of a previously dissolved company with the same name. What you are proposing is likely fraud.

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