Texas Business Law Questions & Answers
Q: Legal ways I can get a green card while in year one or two at the University no matter the cost
1 Answer
| Asked
in
Immigration Law, Business Formation and Business Law
for
Texas
on
Answered on Mar 15, 2019
Answered on Mar 15, 2019
Deron Edward Smallcomb's answer
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.
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?
1 Answer
| Asked
in
Real Estate Law, Arbitration / Mediation Law and Business Law
for
Texas
on
Answered on Feb 12, 2019
Answered on Feb 12, 2019
Thomas A. Grossman's answer
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. I would find a Probate lawyer and they will tell you much more than I can. Good Luck.
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. I would find a Probate lawyer and they will tell you much more than I can. Good Luck.
Q: What is the best way to try and show your ideas to someone and protect your ideas. With little ow no money?
Timur Akpinar's answer
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
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?
1 Answer
| Asked
in
Business Formation, Business Law and Contracts
for
Texas
on
Answered on Jan 22, 2019
Answered on Jan 22, 2019
Abraham C. Bloomenstiel's answer
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 start.
Speaking very generally (and making a lot of assumptions), if your friend has an LLC that operates several businesses under it, then her LLC is likely classed as a "series LLC."...
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 start.
Speaking very generally (and making a lot of assumptions), if your friend has an LLC that operates several businesses under it, then her LLC is likely classed as a "series LLC."...
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
| Asked
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: What type of lawyer would I need to get?
1 Answer
| Asked
in
Contracts, Criminal Law, Business Law and Civil Rights
for
Texas
on
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
| Asked
in
Contracts, Copyright, Business Law and Trademark
for
Texas
on
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?
1 Answer
| Asked
in
Real Estate Law, Business Law and Business Formation
for
Texas
on
Answered on Apr 20, 2018
Answered on Apr 20, 2018
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.
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
| Asked
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
| Asked
in
Business Law, Intellectual Property and Patents (Intellectual Property)
for
Texas
on
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
| Asked
in
Gov & Administrative Law, Criminal Law and Business Law
for
Texas
on
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.
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?
1 Answer
| Asked
in
Copyright, Business Law, Trademark and Business Formation
for
Texas
on
Answered on Feb 20, 2018
Answered on Feb 20, 2018
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
| Asked
in
Business Law, Personal Injury and Employment Law
for
Texas
on
Answered on Jan 18, 2018
Answered on Jan 18, 2018
Peter N. 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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
