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Texas Business Law Questions & Answers
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,... Read 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 Business Law for Texas on
Q: Planning to start an LLC, a partnership of 3 different people in the state of Texas

One of the partners is a green card holder, and the other two are not American citizens or green card holders.

The Company is already working in London and Dubai. Which is better, to branch in the USA or to start a "Partenership LLC" in the USA? We are not sure which would be a... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 17, 2023

Your question will require a meeting with a business attorney. There is a lot to discuss and a number of questions I have.

1 Answer | Asked in Bankruptcy, Real Estate Law and Business Law for Texas on
Q: A partner stole my corporation The judge gave it back to me. He files bk while it’s mine. I have all the proof

I need a lawyer iif we would of finished the billl of review we would of won ? evidence was presented, and Court found that I was the only owner of my company 4 days later ex partnerfiled filed bankruptcy on behalf of my company just four days after this Court told him that he did not own it. I... Read more »

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

If you still own the business, simply move the Court to dismiss the bankruptcy as unauthorized.

1 Answer | Asked in Business Law, Consumer Law and Contracts for Texas on
Q: Can I sue for posession of titles if a lease agreement is predatory.

I have several leases for Semi trucks thru a company called Drivenow. I purchased them for a certain amount of years and a certain price. I have been paying some of these for way longer then the term of the loan and the balance seems to never come down. Now after paying for these trucks for longer... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

You may have a claim here. I need to read your contracts, see your rate, and review your payment records.

1 Answer | Asked in Products Liability and Business Law for Texas on
Q: Do i have a case against the dealership?

Back in 2020 a friend asked me if I would co-sign for her to get a car. When I went to the dealership the employee asked for my information for the car she was purchasing. This included my Insurance and when I asked why they stated that it was because the associate stated they needed it for their... Read more »

John Michael Frick
John Michael Frick
answered on Jan 9, 2023

How have you been harmed by the dealership?

You co-signed.

So you and your friend are jointly liable for the purchase price of the car.

If anything, you have a claim against your friend for wrecking the car.

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... Read 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.

1 Answer | Asked in Workers' Compensation, Business Law and Construction Law for Texas on
Q: Construction company in Texas. Waive of Liability for Subcontractor without Worker's Comp?

I am hiring a subcontractor - They do not have workers comp. Can I have them sign a release of liability?

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

Yes, the TWCC has a specific form especially designed for this purpose.

1 Answer | Asked in Business Formation, Business Law and Copyright for Texas on
Q: can I sell keychains coming from china with celebrities images at my e-commerce store online?

I'm looking to sell some stuff online at my store and it came to my mind some funny keychains with some celebrities images on it and just wondering about laws, copyright and I'm pretty sure I can't do that but doing some research like Etsy, Ebay and other e-commerce stores selling... Read more »

Steve Charles Vondran
PREMIUM
Steve Charles Vondran PRO label
answered on Dec 17, 2022

Though keychains featuring celebrities may be fun to collect, it is important to remember that it is not legal to sell these items without permission from the celebrity or their representatives. Doing so can infringe on copyright, trademark and right of publicity protections that are granted to... Read more »

1 Answer | Asked in Tax Law, Business Formation and Business Law for Texas on
Q: How does LLC registered as partnership write off car as business expense.

I have an LLC registered as partnership. Do I need to run payroll to pay the members? How to claim business expenses? Can I write off business car purchase as an expense?

John Michael Frick
John Michael Frick
answered on Dec 15, 2022

Yes, as long as the vehicle is used for business purposes. It is highly advisable that title is taken in the name of the LLC and is covered by a commercial motor vehicle liability insurance policy rather than a personal one

1 Answer | Asked in Employment Law and Business Law for Texas on
Q: I am night auditor at a hotel. Our books off my ten percent everyday. I think this might be swept underneath the rug.

Am I liable? I'm pretty won't care. I live in south Texas and even large corporations have Mexican accounting standards.

Jaime Victor Papa
Jaime Victor Papa
answered on Dec 12, 2022

Yes, this is likely an issue. I will need to learn more about the situation to provide you with legal advice.

2 Answers | Asked in Divorce, Family Law, Real Estate Law and Business Law for Texas on
Q: TexasLLC 50/50 %,both managing members divorcing. Can owner live in entity asset rent free? Can judge changeLLC % owner?
John Michael Frick
John Michael Frick
answered on Dec 10, 2022

Whether a member can live in an asset owned by the LLC rent free depends on what the company agreement says.

If the membership interests in the LLC are community property, the divorce court can effectively change the ownership percentage by awarding one spouse’s interest to the other.

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1 Answer | Asked in Business Formation, Business Law and Securities Law for Texas on
Q: Can I start a business that sells bonds to friends and family, then invest that money in the stock market?

I'm an investor with 14 years experience. My friends and family all want my help because I've made excellent returns but it is my understanding that I can't help them, because I'm not a financial advisor, and they could sue me if they lost money (is that even true?). So I want... Read more »

John Michael Frick
John Michael Frick
answered on Dec 3, 2022

Forming a brokerage firm like this and creating a bond to offer to members of the public is a relatively complex endeavor.

You need to contact a business formation attorney who handles SEC regulated securities firms to avoid potential criminal legal problems

1 Answer | Asked in Business Law, Contracts and Real Estate Law for Texas on
Q: Can a seller change their mind and backout after closing papers are signed?
Jaime Victor Papa
Jaime Victor Papa
answered on Nov 30, 2022

I would need to learn more about your case. It is unclear what is being sold.

2 Answers | Asked in Contracts and Business Law for Texas on
Q: If I sell my business on contract & the buyer does not pay - can I foreclose on the buyer's house or other collateral?

Wondering if a business sale contract gives similar protection benefits to something like a mechanic's lien - where the debt can be secured with property or other collateral.

John Michael Frick
John Michael Frick
answered on Nov 23, 2022

The sale of a business can be collateralized just like other transactions. As long as real estate securing the transaction is not a homestead, real estate can secure the transaction. This is commonly done with a deed of trust.

Perfecting a security interest has different requirements...
Read more »

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1 Answer | Asked in Business Law and Car Accidents for Texas on
Q: Is it legal for a parking lot to use metal bars sticking out of the ground, instead of normal parking blocks?

I was leaving a parking lot, when something started to scrape under the car. I got out, and realized that instead of parking blocks, the spaces had metal bars sticking a foot out of the ground. It's a dirt and gravel parking lot, so the bars almost blend into the ground, and they're not... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 27, 2022

A Texas attorney could advise best, but your question remains open for two weeks. It doesn't seem like a good practice for non-security purposes. Based on the description being dirt and gravel, if it's an old and neglected lot, it could be exposed rebar from deteriorated concrete blocks.... Read more »

1 Answer | Asked in Contracts, Criminal Law and Business Law for Texas on
Q: I hired a guy who advertises his services to build 2 PCs. Brought him the parts. Been 1.5 months. Can he legally keep it

He claimed he was the best. I know alot more now about PCs than when I hired him. I put down $250 and the overall fee I'm supposed to pay upon completion is way over market price and reluctantly I agreed as long as I had in writing what service after the sale would I be receiving. Never got... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Oct 24, 2022

This may be a breach of contract. I would need to learn a few more details. If it is a breach, you can likely take legal action.

1 Answer | Asked in Business Law and Contracts for Texas on
Q: Non payment of Dues

Hello, I am an independent contractor based in France. I worked as a remote worker for a used cars dealership based in Garland, TX for over a year. The first inquiry was through Fiverr and then we worked directly. This dealership's main business is to find cars with clean titles and clean... Read more »

John Michael Frick
John Michael Frick
answered on Oct 12, 2022

You can likely sue the dealership for breach of contract. If the agreement is between the dealership and your company, make sure that your company is registered to do business in Texas and is in good standing before filing suit.

You most likely can sue in justice of the peace court given...
Read more »

3 Answers | Asked in Business Formation, Business Law, Immigration Law and Tax Law for Texas on
Q: I am Ukrainian citizen living in the USA as a student and I want to open an online business how should I pay taxes.

I am Ukrainian citizen living in the USA as a student waiting for my F-1 visa and TPS and I want to open an online business.

I want to open drop shipping business I have an Ukrainian card and I have a card in PNC bank that I just opened, but because I am minor it was opened on my host mom... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Sep 20, 2022

In my experience, business owners generally hire an accountant to help them navigate the taxes.

I really like Peters CPA, LLC https://www.lpeterscpa.net/ or (972)863-9640.

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1 Answer | Asked in Business Formation, Business Law and Contracts for Texas on
Q: my work did not give me any hours for the last 2 weeks of my job but i sign a contract that say i am generated me hours
Jaime Victor Papa
Jaime Victor Papa
answered on Sep 19, 2022

This may be a breach of contract. I would need to see the contract.

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