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Texas Business Law Questions & Answers
1 Answer | Asked in Business Law, Contracts and Small Claims for Texas on
Q: My Dell computer package was stolen off of my porch, there were no witnesses.Dell won't help and I'm stuck owing $800?

I ordered a laptop from Dell and when it was supposedly delivered I opened the door and nothing was there I was told to file a claim with the police by Dell because it was assumed to be stolen. There was no real investigation to my knowledge and Dell marked the case as fraud. The laptop was $800... View More

Darryl "D" Shaper
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answered on Nov 9, 2023

did you see if your credit card company has any protections for lost or stolen purchases? Some do.

1 Answer | Asked in Business Law, Construction Law, Employment Law and Landlord - Tenant for Texas on
Q: Need to know about plumbers not explaining anything to tenants as pertains to the Texas law.

I have a property management company who is threading to stop useing my services because I told the tenant then water heater needs replacement. I have a special needs child and a split if wife . They constantly threaten me with this as I am a new company ? But have worked with same property... View More

John Michael Frick
John Michael Frick
answered on Nov 7, 2023

I see no legal issue. A property management company can stop using a plumbing contractor if they want to. A plumber can tell a tenant a water heater needs to be replaced if it does.

3 Answers | Asked in Business Law and Contracts for Texas on
Q: Do you handle cases for breached agreements?

On Jan 2021, my wife and I signed an agreement with Beauty Supply Institute, Mableton, GA and we live in Rosenberg, TX. Per the agreement, we would pay $40,000 and after leased a location, BSI would send fixtures and product needed to open our store. We received our fixtures and some of the hair,... View More

John Michael Frick
John Michael Frick
answered on Nov 3, 2023

Yes, I do handle cases for breached agreements. If you are seeking an attorney, you need to contact that attorney directly. Justia has attorney listings for attorneys who may answer questions in this "Ask a Lawyer" forum.

While you can get free answers to relatively simple...
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1 Answer | Asked in Business Formation and Business Law for Texas on
Q: Must a Delaware private nonprofit foundation register in the states it wants to donate to nonprofits and individuals?

I want to form a private foundation in the state of Delaware, and donate funds to nonprofits and individuals in other U.S. states, including Texas where I currently live. It only takes one person to form a private foundation or nonprofit in Delaware, whereas in most other states it takes three... View More

Diren Wickrema Singhe
Diren Wickrema Singhe
answered on Oct 24, 2023

Thanks for your inquiry. Without getting into the issue of the appropriate entity type and state for your planned foundation, let’s just focus on the issue of whether you would need to register your planned Delaware entity as a foreign entity in Texas.

First, it is important to consider...
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2 Answers | Asked in Tax Law, Animal / Dog Law and Business Law for Texas on
Q: What type of lawyer do I need to form an LLC for a self employed individual?

Dog training private lessons

T. Augustus Claus
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answered on Oct 19, 2023

In Texas, you would generally need a business or corporate lawyer to assist with forming an LLC for your dog training private lessons business. These lawyers specialize in issues like entity formation, contracts, and compliance with state and federal laws. Some may also have experience specific to... View More

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1 Answer | Asked in Business Formation and Business Law for Texas on
Q: Is it legal to dissolve an LLC in New York and reform it in Texas?

In June of this year, I filed articles of organization for an LLC in New York City. In early July, I filed articles of dissolution. Based on a search of the DOS public database, it appears my LLC was successfully dissolved.

I have recently moved to Texas, and I am interested in reforming my... View More

Sul Lee
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answered on Oct 19, 2023

Yes, unless a similar name already exist in Texas, you can re-incorporate using the same name; however, if it has not been long, you may want to wait to prevent any confusion. If the NY company's activities were limited and thus would not likely to cause any confusion, you should be fine.

1 Answer | Asked in Consumer Law, Business Law, Elder Law and Energy, Oil and Gas for Texas on
Q: I have an elderly neighbor who was overcharged for solar panels. Can he sue for any recovery of the diffetence to ave?

He also was not properly advised how to get savings and his bill went up from what it was. Plus he was not advised to change insurance coverage and was denied assistance when damaged diring warranty period.

Aimee Hess
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Aimee Hess
answered on Oct 13, 2023

A consumer law or energy attorney will need to review his contract and loan documents in order to determine what his rights are.

3 Answers | Asked in Contracts, Business Law and Construction Law for Texas on
Q: How do I file a lawsuit against someone who owes me around 30k?

This is for services rendered.

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

Given the small amount involved, you might consider filing in county court at law pro se. Unfortunately, the jurisdictional limits of our JP courts is $20,000.

You might consider hiring an attorney if you are certain the proposed Defendant has more than sufficient non-exempt assets to...
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1 Answer | Asked in Criminal Law, Employment Law and Business Law for Texas on
Q: I work for a hotel chain which is individually owned operating under a well known corporation. ( La Quinta Inn and Suite

I work for a hotel chain which is individually owned operating under a well known corporation. ( La Quinta Inn and Suites by Wyndham ) Wyndham offers members the ability to earn points on each stay that can be used for discounted rates/free nights. as a desk agent, I have the OPTION, not mandatory... View More

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

Clearly yes. You intentionally took something of value that did not belong to you without the owner's consent. You should hire a criminal defense attorney ASAP.

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 Contracts and Business Law for Texas on
Q: Do both parties need to be present when a POA form is notarized?

My buddy is incarcerated and wants to sign a power of attorney naming me his agent so I can assist with his financial duties and whatnot. I know they have a notary public that works at the jail he's incarcerated at so that's not a problem. My question is, can I fill out my portion of the... View More

John Michael Frick
John Michael Frick
answered on Aug 15, 2023

A POA is completed and signed only by the principal (your buddy) before a notary public. There is no portion of the form for the agent (you) to fill out or sign. So you do not need to be present when your buddy fills out and signs the POA.

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 Tax Law, Business Law and Trademark for Texas on
Q: Wanted to know about the sales tax in Texas.

How can I apply for a sales tax permit ?

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

Online at https://comptroller.texas.gov/taxes/permit/

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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.
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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