Texas Business Law Questions & Answers
Q: can a car dealership choose which customer gets warranty on vehicle
As a general matter, dealerships don't usually care which customer gets a warranty as a personal matter. However, they can choose in the sense of someone getting a warranty and a subsequent buyer of the vehicle attempting to enforce it. That would depend on whether the warranty was transferrable or... Read more »
Q: can a car dealership choose which customer gets warranty on vehicle
Your question appears to involve Texas consumer law (Texas appears at the end of the question, but Albuquerque, New Mexico appears at the beginning). If you are in Texas, a Texas attorney would be the best person to advise. However, your question remains open for three weeks. As a general matter,... Read more »
Q: Does making False statements to OSHA qualify as violation of the False Claims Act?
e.g. if Someone makes false statements to an administrative agency of the United States in order to get out of a fine, will this qualify to be potentially prosecuted under the False Claims Act (31 U.S.C. 3729 et seq.) in addition to qualifying under other appropriate federal laws?
I am sorry but this does not appear to be a wc type of question. Also most wc cases are governed under state law, not federal. However, according to the state wc laws a person can be prosecuted for fraud if they knowingly lie to obtain benefits. I'm not sure if that answers your question but I... Read more »
Q: How can I check a case number online
You could check with the court system that serves your jurisdiction. Most unified court systems post case resources online. You could also contact the office of the court clerk for assistance. Good luck
Tim Akpinar
Q: Is it legal for a Cohabitant to take your car titleand sell it to a salvage yards? What laws were broken and by whom?
Vin number had been altered and parts were sold
I am assuming they did not just sell the title but the car also. If the person was not otherwise entitled as an owner to the car they had no right to sell it. The level of the theft charge (or conversion) would depend on the value of the car and how the theft occurred. Other factors that determine... Read more »
Q: Is non-compete likely enforceable?
I am an associate dentist in Texas. I signed a do-not-compete with my previous office (a DSO) for 10 miles for 2 years after leaving (It has now been ~1/2 yr). I left due to the company trying to move me into another office (I did not agree to this per the contract) after working there ~1 year. The... Read more »
You have raised several important facts that may enable you to avoid the larger issue altogether. Hire a local lawyer in San Antonio and ask them to tell you if the way you were treated under the written employment agreement is bad enough to support a case of breach; if it is, have your lawyer try... Read more »
Q: Business partner filed for a withdrawl of assumed name, is this considered a dissolution?
In 2018 my business partner emptied and closed our business account and started a competing business. She told clients awful lies about me and refused to sign a dissolution agreement or anything to help dissolve the partnership. This left me financially devestated. I kept the business going and now... Read more »
Free practical advice offered for the last 41 years to people starting their own small businesses:
The main difference between successful small businesses and those that fail within a relatively short period of time is good legal advice. The owners of most successful small businesses... Read more »
Q: Have signed contract w GC- he was paid but he didn’t pay his subs for work done. What is my liability - if any?
I have a signed contract with a GC and have paid him 2/3 of the contracted amount. He wanted more $ because he had spent on work done- when I asked him to show receipts he could only produce a little under 1/2 of what I PD him and left his subs owing them.
It’s commercial RE- space build... Read more »
The terms of your commercial contract will control this situation.
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 »
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... Read more »
Q: What is the best way to remove (non-participating/refusal to participate) members from an LLC setup as a partnership?
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.
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 »
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 »
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 »
De minimus non curat lex
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
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.
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
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 »
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.
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
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?
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 »
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 »
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
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 »
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: What type of lawyer would I need to get?
For what?
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.
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
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