Texas Business Law Questions & Answers
Q: can a customer sue me for unknowingly making a false statement?
Timur Akpinar's answer
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
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
Q: My late father bought a ranch 2012, I didn't find any documents of the transaction but payments receipts of about 300k
1 Answer
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in
Business Law, Contracts and Real Estate Law
for
Texas
on
Answered on Aug 6, 2018
Answered on Aug 6, 2018
Tammy Lyn Wincott's answer
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.
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.
Q: How many years is considered a statue of limitations in the case of defamation?
1 Answer
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in
Business Law, Civil Litigation, Libel & Slander and Personal Injury
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Texas
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Answered on Jun 21, 2018
Answered on Jun 21, 2018
Kim Jones Penepacker's answer
Texas has a one year statute of limitations for defamation under the Texas Civil Practice and Remedies Code section 16.002. However, the one-year period depends on the date the cause of action "accrued," meaning the date the one-year clock started ticking. You should contact an attorney who practices in this area to evaluate when the clock on the statute of limitations started running and to evaluate if you are still within that time period.
Texas has a one year statute of limitations for defamation under the Texas Civil Practice and Remedies Code section 16.002. However, the one-year period depends on the date the cause of action "accrued," meaning the date the one-year clock started ticking. You should contact an attorney who practices in this area to evaluate when the clock on the statute of limitations started running and to evaluate if you are still within that time period.
Q: What type of lawyer would I need to get?
1 Answer
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in
Contracts, Criminal Law, Business Law and Civil Rights
for
Texas
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Answered on Jun 4, 2018
Answered on Jun 4, 2018
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?
Gary Kollin's answer
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
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
Q: Received letter 2day from Git-R-Done Productions,Lawyers telling me 2 change my comp. name or else from Git-R-Done Limo
1 Answer
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in
Contracts, Copyright, Business Law and Trademark
for
Texas
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Answered on May 1, 2018
Answered on May 1, 2018
Jason Brooks' answer
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 of the phrase in connection with your business, as it creates confusion with their mark. With that said, if they don't own trademark rights in this class, you have reasonable justification of use if...
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 of the phrase in connection with your business, as it creates confusion with their mark. With that said, if they don't own trademark rights in this class, you have reasonable justification of use if...
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?
Benton R Patterson III's answer
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.
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.
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's answer
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.
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.
Q: I am using cryptocurrency investment profit for closing costs. They dont accept it.
1 Answer
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in
Banking, Business Law, Civil Litigation and Contracts
for
Texas
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Answered on Apr 20, 2018
Answered on Apr 20, 2018
Benton R Patterson III's answer
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.
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.
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
1 Answer
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in
Banking, Business Formation and Business Law
for
Texas
on
Answered on Apr 20, 2018
Answered on Apr 20, 2018
Benton R Patterson III's answer
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 able to enforce the contract against the bank because the bank is not a party to the contract.
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 able to enforce the contract against the bank because the bank is not a party to the contract.
Q: I want to buy disposable cups from a manufacturer and then sell them on Amazon, however I am worried about patents.
1 Answer
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in
Business Law, Intellectual Property and Patents (Intellectual Property)
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Texas
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Answered on Apr 3, 2018
Answered on Apr 3, 2018
Kevin E. Flynn's answer
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 your supplier if you have an indemnity clause with your supplier that the supplier will indemnify you from patent infringement claims. If you provided the specifications to the supplier, then it is...
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 your supplier if you have an indemnity clause with your supplier that the supplier will indemnify you from patent infringement claims. If you provided the specifications to the supplier, then it is...
Q: Is it legal for me to sell fda approved supplements? Or do I need some type of license first?
1 Answer
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in
Gov & Administrative Law, Criminal Law and Business Law
for
Texas
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Answered on Mar 11, 2018
Answered on Mar 11, 2018
Grant St Julian III's answer
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.
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.
Q: Can I claim the assets of a previously dissolved company if my company has the name now?
Benton R Patterson III's answer
No, you cannot claim the assets of a previously dissolved company with the same name. What you are proposing is likely fraud.
No, you cannot claim the assets of a previously dissolved company with the same name. What you are proposing is likely fraud.
Q: I received a 1099 from a wind turbine company for $1770. I never saw or cashed checks siblings did.
1 Answer
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in
Banking, Business Law, Civil Litigation and Tax Law
for
Texas
on
Answered on Mar 6, 2018
Answered on Mar 6, 2018
Benton R Patterson III's answer
If you never received any money, I would contact the company that sent you the 1099 and have them correct it to list the person who did receive the money.
If you never received any money, I would contact the company that sent you the 1099 and have them correct it to list the person who did receive the money.
Q: Can I be sued for breech of contract if I'm not the owner?
Benton R Patterson III's answer
An attorney would need to review the franchise contract that contains the non-compete clause to answer this question. Most non-compete clauses do not cover extended family members. Although, it is possible it covers promoting other similar businesses.
An attorney would need to review the franchise contract that contains the non-compete clause to answer this question. Most non-compete clauses do not cover extended family members. Although, it is possible it covers promoting other similar businesses.
Q: Posters with Brand name logos on it. Can I use them in a retail store that I'm opening?
Benton R Patterson III's answer
Most likely, you can sell the products. Generally, you are free to resell what you rightfully purchased. There is a possibility that one of the brands may have brand use guidelines that restrict how you can market their products. An attorney would need to know more to give a certain answer to this question.
Most likely, you can sell the products. Generally, you are free to resell what you rightfully purchased. There is a possibility that one of the brands may have brand use guidelines that restrict how you can market their products. An attorney would need to know more to give a certain answer to this question.
Q: Just recently I was in a car wreck and taken to the hospital. I called my wife at work and told her what all happened.
1 Answer
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in
Business Law, Personal Injury and Employment Law
for
Texas
on
Answered on Jan 18, 2018
Answered on Jan 18, 2018
Peter Munsing's answer
fmla only violated if she puts in the paperwork. This is America--you think it violates a law to not allow an employee time to go to an emergency room? If she left, was fired, she could argue it was not wilful misconduct because she was reacting to an emergency. That's about all the law does for her.
fmla only violated if she puts in the paperwork. This is America--you think it violates a law to not allow an employee time to go to an emergency room? If she left, was fired, she could argue it was not wilful misconduct because she was reacting to an emergency. That's about all the law does for her.
Q: Working without contract on IT project. Started 2nd job to make ends meet (IT project taking months). Hurt on 2nd job.
1 Answer
| Asked
in
Business Law, Contracts, Employment Law and Workers' Compensation
for
Texas
on
Answered on Jan 10, 2018
Answered on Jan 10, 2018
S. Michael Graham's answer
You should have a contract. A contract can be written or verbal. Obviously, its much harder to prove up a verbal contract, but if you can then they would owe you the money. I'm not too sure how much they owe you. This may effect where a lawsuit would need to be filed. You should get an email address or communicate with your employer in writing to document efforts to get them to pay. It would be good to speak to an employment law attorney about this.
You should have a contract. A contract can be written or verbal. Obviously, its much harder to prove up a verbal contract, but if you can then they would owe you the money. I'm not too sure how much they owe you. This may effect where a lawsuit would need to be filed. You should get an email address or communicate with your employer in writing to document efforts to get them to pay. It would be good to speak to an employment law attorney about this.
Q: Liquidation
1 Answer
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in
Bankruptcy, Business Law and Employment Law
for
Texas
on
Answered on Nov 30, 2017
Answered on Nov 30, 2017
Cristina M. Lipan's answer
Did they file bankruptcy or are they winding down the business? If they are in a bankruptcy case, then an attorney can probably help you. I would need to see the actual documents though, to understand what exactly is going on.
Did they file bankruptcy or are they winding down the business? If they are in a bankruptcy case, then an attorney can probably help you. I would need to see the actual documents though, to understand what exactly is going on.
Q: If a business closes that has a trademark logo can anyone apply for it?
Benton R Patterson III's answer
The other party may have some remaining rights to the trademark. To know for sure, an attorney would need to perform a trademark search. Assuming the prior registrant has no rights; yes, someone else could apply for the trademark.
The other party may have some remaining rights to the trademark. To know for sure, an attorney would need to perform a trademark search. Assuming the prior registrant has no rights; yes, someone else could apply for the trademark.
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