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Texas Business Law Questions & Answers
1 Answer | Asked in Tax Law, Business Law and Agricultural Law for Texas on
Q: Can livestock be raised and sold to fund a local hospital?

12,000 acre ranch was left to the community for the purpose of maintaining and funding the local hospital. The ranch also gets proceeds from natural gas royalties and leasing out hunting. For years they have raised and sold livestock to benefit the hospital. New board member states this is illegal

James L. Arrasmith
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answered on Sep 14, 2023

The legality of raising and selling livestock to fund a local hospital on a community-owned ranch depends on the terms and conditions set forth in the original bequest or trust that left the ranch to the community. If the bequest explicitly permits such activities for hospital funding, it may be... View More

1 Answer | Asked in Consumer Law and Business Law for Texas on
Q: Hi I lost a fraud case that I should've won for my business help please!

A card was reported stolen for a couple thousand of dollars. I completed the work and never received the money on top of that the CRM/Payment I use is taking the money from my incoming payments to pay back the debt. They were incharge of disputing the case on my behalf with the information I sent... View More

John Michael Frick
John Michael Frick
answered on Sep 11, 2023

If there has already been a lawsuit which you have lost, you have 30 days from the date the final judgment was signed to file an appeal. On appeal, you will be limited to the evidence and legal arguments contained in the appellate record. You should retain an experienced appellate lawyer to... View More

1 Answer | Asked in Business Formation, Business Law and International Law for Texas on
Q: Good morning! I have a small business which mainly operates online here in Texas. I have a DBA and a TX sales tax permit

But coming this fall we are moving back to our home country (Philippines). I do reselling of printed items, my suppliers are US based as well as all my costumers. I wish to still continue by business since I can still manage it even if I am abroad. What other permits I need to operate my business... View More

James L. Arrasmith
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answered on Aug 29, 2023

Since you're planning to operate your Texas-based online business from the Philippines, you'll need to maintain your Texas sales and use tax permit and DBA, but you should also consult tax professionals regarding any applicable Philippine business permits and tax obligations. U.S. federal... View More

1 Answer | Asked in Contracts and Business Law for Texas on
Q: I'm looking to purchase a gym. However, the owner owns the equipment and buildingnis leased in his name.

His ex-manager has the LLC in his name. Both are in dispute and not talking to each other. One wants to sell the equipment and told me I can start over with a new name. Can he do this?

T. Augustus Claus
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answered on Aug 28, 2023

In the situation you've described, where the gym owner, the ex-manager, and the equipment are all involved, there are several legal and business considerations to take into account.

Firstly, the ownership of the equipment and building should be clarified. If the gym owner owns the...
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1 Answer | Asked in Employment Law and Business Law for Texas on
Q: Should Valet Trash Porters be considered W2 employees or 1099 Contractors? I've seen both in the industry.

Valet Trash Porter - A person that goes door to door to pick up the trash for the residents at a condominium or an apartment complex.

John Michael Frick
John Michael Frick
answered on Aug 14, 2023

It depends.

A 1099 independent contractor controls the manner, means, methods, and details of their work and is generally compensated based on an agreed price for the task to be performed. That means they are paid the same for the result without regard to how long it may take, but they...
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2 Answers | Asked in Consumer Law, Business Law and Securities Law for Texas on
Q: If insurance broker spends time with you to sell a product & you decide not to buy, can they invoice you for their time?

-Attended seminar for Medicare/Social Security in Feb 2023

-Met with RetPlnr in office who also began to discuss retirement planning during the initial visit

-RetPlnr informed of us annuities available that we may be interested in

-RetPlnr noted they worked on commission... View More

John Michael Frick
John Michael Frick
answered on Jul 28, 2023

A retirement planner and an insurance broker are two very different occupations. A retirement planner usually provides financial advice to customers on an hourly fee basis. Retirement planners typically do not directly sell financial products, including insurance annuities. They may, however,... View More

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1 Answer | Asked in Business Law, Civil Litigation and Contracts for Texas on
Q: What is the best recourse after a client breaches contract with our company?

Their business is potentially going under which is why they have defaulted.

The obvious first thoughts are to file a lawsuit.

Are there other easier alternatives to filing a lawsuit such as possibly filing a lien on the commercial property or possibly filing a claim with either our... View More

John Michael Frick
John Michael Frick
answered on Jul 26, 2023

Basic maintenance and janitorial services are not the type of service that give rise to potential lien rights under Texas law. The cleaning of construction debris might.

I can't think of a type of insurance policy that is likely to cover a failure to pay for services breach of...
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1 Answer | Asked in Consumer Law, Contracts and Business Law for Texas on
Q: i owned a business & had a equipment lease for a credit card machine. i sold the business and leasing co. demands paymen

i asked co. if they wanted equip. back, they said yes. i returned it, they still want money, what are my options

John Michael Frick
John Michael Frick
answered on Jun 29, 2023

It depends on the language of the equipment lease, the type of business, and the PSA pursuant to which you sold the business.

If the Lessee on the equipment lease is the business entity you sold, and you did not personally guaranty the lease, and the business entity you sold is a...
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2 Answers | Asked in Business Law, Contracts and International Law for Texas on
Q: Have an international order case with a LA company, and they want to terminate the contract. how to I get money back.
James L. Arrasmith
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answered on Jun 18, 2023

If you have an international order case with a LA company and they want to terminate the contract, you may be entitled to a refund depending on the terms of the contract and the circumstances of the termination. Here are some steps you can take to try to get your money back:

1. Review the...
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2 Answers | Asked in Business Law, Contracts and International Law for Texas on
Q: Have an international order case with a LA company, and they want to terminate the contract. how to I get money back.
Tim Akpinar
Tim Akpinar
answered on Jun 12, 2023

A Texas attorney could advise best, but your question remains open for two weeks. The most direct way is to ask for it. The reason you're posting your question here might be because you might have doubts with that approach. Another option, if you are not able to resolve the matter amicably, is... View More

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1 Answer | Asked in Contracts, Business Formation and Business Law for Texas on
Q: Fired from a partnership, can I get compensated?

I came to a partnership with someone 50/50. However, before my shares became vested (at a one year mark) I was fired and my partner indicated that he was voiding the agreement. Nonetheless, he is keeping the software and all the work that I put in. My question is whether if I have any right to... View More

John Michael Frick
John Michael Frick
answered on Jun 12, 2023

Your rights and obligations will depend heavily on the wording of the partnership agreement, along with any other written communications discussing the agreement since you say the agreement itself is vague. You should schedule a consultation with a business litigation attorney in or near the... View More

1 Answer | Asked in Business Formation and Business Law for Texas on
Q: If I am the sole member manager of a Wyoming LLC, is it allowable for me to work in Texas as a remote employee of LLC?
John Michael Frick
John Michael Frick
answered on Jun 5, 2023

Yes. Being the sole member manager of a Wyoming LLC does not automatically preclude you from working for another LLC as a remote employee. Many people have their own LLCs for side gigs while working a full- or part-time job for another company.

Just remember to register your Wyoming LLC...
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2 Answers | Asked in Business Law, Criminal Law and Small Claims for Texas on
Q: Is there a law that covers interstate theft of service? Regarding Instrument rentals not paid for or returned to us.

We are a small business that rents ($700-$8,000) instruments nation wide. We have delinquent accounts that we have not been able to recover the money or the instrument. I would like to sight a legal statute in our delinquency letters. I would also like to be able to use legal recourse when I can.

John Michael Frick
John Michael Frick
answered on Mar 30, 2023

While I know of no law that specifically covers “interstate” theft of service, section 31.02 of the Texas Penal Code clearly covers your situation.

It is fairly complex when it comes to a person not returning rented items. There are somewhat different provisions if it was a...
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1 Answer | Asked in Business Law, Energy, Oil and Gas and Contracts for Texas on
Q: Can I sue based on Liberty's actions: I had a gas lease agreement to which liberty Utilities fails to provide any notice

Liberty Utilities fails to provide any notices within a 24 hour time of notice when they appear to vacate property without any such work. This company has continued to breach our agreement concerning no kind of notices within a 24 hour period before coming on the property. They refused to make... View More

Aimee Hess
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Aimee Hess
answered on Mar 8, 2023

I assume that since you reference a utility company that the agreement you have with them is an easement. It's unusual for a utility easement to require advance notice to the land owner to come on vacant land to do work, and especially if the utility believes the work may be needed for a... View More

2 Answers | Asked in Business Law, Civil Rights and Constitutional Law for Texas on
Q: Can a business such as a gym or bar tell my wife that our infant(1month) is not allowed? Consider Chapter 165 H&S code..

We pay a membership to the gym and can't use it. The bar has an outdoor area specifically designed for recreation, but is technically 21 and up.

John Michael Frick
John Michael Frick
answered on Feb 17, 2023

That’s a very interesting question. You may have to file a lawsuit to find out. A jury probably won’t have any sympathy for a mother who wants to bring a breastfeeding infant to a bar, but it’s probably a question of law for the court to decide.

The breastfeeding statute you cite...
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2 Answers | Asked in Business Law, Civil Rights and Constitutional Law for Texas on
Q: Can a business such as a gym or bar tell my wife that our infant(1month) is not allowed? Consider Chapter 165 H&S code..

We pay a membership to the gym and can't use it. The bar has an outdoor area specifically designed for recreation, but is technically 21 and up.

James L. Arrasmith
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answered on Mar 2, 2023

It is possible that a business such as a gym or bar may have policies in place that restrict the presence of infants or young children due to safety concerns or other reasons. However, it is important to check with the specific business to understand their policies and any relevant laws or... View More

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1 Answer | Asked in Business Law and Contracts for Texas on
Q: Can I cancel a contract from a solar panel company that is charging for a service I don’t have? Please help

I contracted a solar panel company back in August 2022. They finally installed the solar panels in November 2022, but they are not working as they promised nor has the company done anything to help me fix the problem. Apparently there’s something wrong with a faulty switch but it’s been four... View More

John Michael Frick
John Michael Frick
answered on Feb 12, 2023

Typically, solar panels are sold to homeowners just like other products. The retailer delivers and installs the panels, and the homeowner pays the price agreed.

Often, homeowners choose to finance their purchase through a third party financing company. The finance company is not...
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1 Answer | Asked in Business Law and Tax Law for Texas on
Q: What can I do if a business refuses to give me a receipt for a service I didn’t ask for or can’t prove they did.

I filed my taxes with Turbo Tax last year and their third party vendor hasn’t delivered my tax refund and is saying they need to deduct fees for delivery. Im asking for a receipt for the fees and they are refusing.

John Michael Frick
John Michael Frick
answered on Feb 1, 2023

This sound suspicious.

Even when you use TurboTax to file your federal income tax return, the IRS directly sends your tax return to you. You can request it direct deposit it into your bank account or mail you a check.

I know of no third party vendor ever involved in this process.

1 Answer | Asked in Business Law and Civil Litigation for Texas on
Q: I am planning on purchasing assets of a spa that is being sued for a massage therapist not having a valid license.

The MT was accused of inappropriately touching a customer. The MT, the LLC, and owner are all being sued due to the accusations and not having a valid license while working (it had expired but he put in the paperwork for a new license prior to this happening, it just wasn’t approved yet.) Can me,... View More

John Michael Frick
John Michael Frick
answered on Jan 26, 2023

If your asset purchase is handled properly, you as the buyer will have no liability from the lawsuit as described.

Obviously, anyone purchasing a business will have an attorney knowledgeable about such transactions preparing and reviewing the paperwork associated with the purchase....
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1 Answer | Asked in Consumer Law, Business Law and Collections for Texas on
Q: Should I pay for canceled order that was delivered?

I canceled 3 orders from a hardware store, yet they have still been delivered. These were canceled in store by the manager. I was advised by the employee, if the order does come, accept it and dont say anything. The total of the items is over 18k. What do I do? Will i be charged for these items... View More

John Michael Frick
John Michael Frick
answered on Jan 2, 2023

No, you don’t have to pay for them.

No, you can’t keep them.

Notify the store that they were delivered anyway despite your cancellation of the order and arrange a time for them to come pick them up.

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