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Texas Business Law Questions & Answers
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... View More

Steve Charles Vondran
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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... View 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... View 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...
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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... View 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.... View 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... View 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... View 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...
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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... View 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.

1 Answer | Asked in Personal Injury and Business Law for Texas on
Q: What discipline and who would be the best attorney or group to help this Restaurateur pro bono?

A car crashed into a restaurant injuring one person critically, destroying a wall and possibly the integrity of the structure itself. The Restaurateur leases the property and the landlord does have insurance. The landlord may or may not have business interruption insurance. Additionally,... View More

John Michael Frick
John Michael Frick
answered on Sep 16, 2022

It is unlikely you will find an attorney willing to take such a case pro bono. Moreover, it is unlikely that you will need to do so.

The restauranteur should report the claim to its own insurance company. The insurance company should cover the restauranteur's damages and will be...
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1 Answer | Asked in Contracts and Business Law for Texas on
Q: Does a person I drew sample illustrations for owe me money?

In 2014 I created drawing samples for a person who asked for them because she was writing a children's book. I sent a set of 4 designs and asked her to choose the one she liked best. She chose two and said that she would speak to me again after she talked to her PR person. But I didn't... View More

Jaime Victor Papa
Jaime Victor Papa
answered on Sep 15, 2022

I believe that you may have a case. I would have to see all the interactions.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Real Estate Law for Texas on
Q: I have a business. I need to file a TRO, as soon as possible. I need the steps to self-file, possibly ex-parte.
John Michael Frick
John Michael Frick
answered on Sep 7, 2022

It is highly recommended that you not attempt to represent yourself in such a proceeding. Depending on whether your business is a sole proprietorship, limited liability company, or corporation, you may not be able to legally represent your business in a Texas court.

I'm sure you...
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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Small Claims for Texas on
Q: Hi! what kind of lawyer do I need? I loaned an individual/ LLC $26K, a notarized contract was signed.

The contract was signed last year 7/21. After the money was sent, the individual vanished. I tried several times to collect payment. The money was indented and written for the investment of an 18- wheeler truck. The contract also stated I could have rights to drive. At this time I'm not... View More

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

You most likely need a debt collection attorney in the state where the LLC on the loan contract is located and where the individual resides.

1 Answer | Asked in Libel & Slander, Business Law and Identity Theft for Texas on
Q: I am not sure what type of lawyer would help me with a negligence case that does not involved physical injury.

I am a real estate professional. I just recently discovered that an Appraisal Management Company which also does Broker's Price Opinons, had approved application from someone claiming to be me. The imposter was using my inactive real estate license to illegally perform BPO's. The imposter... View More

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

This particular type of dispute falls into the area of law known as professional liability. If you have a Real Estate Professional Errors & Omissions Insurance Policy, you should report the claim made against you to your insurer, who will most likely provide a defense to you.

Because...
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1 Answer | Asked in Criminal Law and Business Law for Texas on
Q: I have a direct sales business. I have ordered from a person in past. In july i mentioned i would be needing more soon.

So she made them at that time and billed for them. I have not paid and have not received. Is this fraud

John Michael Frick
John Michael Frick
answered on Aug 29, 2022

No, you are not likely guilty of fraud based on the facts as stated.

This is more of a civil law question than a criminal law question. While there are many nuances to fraud, it usually requires a false representation of material fact which you knew was false or which you made recklessly...
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1 Answer | Asked in Business Formation and Business Law for Texas on
Q: In order to accept donations as a school club do I need to be a certified non profit organization?

I have started a club called Project: In need, and I wanted to have monthly events such as car wash, lemonade stand, bake sale, etc to raise money so that my club could make goodie bags for emergency shelter workers.

Arturo C. Aguilar
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answered on Aug 20, 2022

No you do not. You can even file a "domestic public organization" with the State of Texas - Secretary of State. This is pretty easy and should cost I think less than $50 dollars. People start go fund me organizations online all the time, they do no need any special recognition from the... View More

1 Answer | Asked in Business Law for Texas on
Q: There are 5 partners in an LLC as follows 2 30% owners 1 20% 2 10%. one of the 30% buys out the 20% behind closed doors

The other partners had no knowledge of any of this until after the fact. This has impacted the partners big time changing the dynamic. The problem is the one owning 50% now is in no way equipped to make financial decisions on behalf of the company. He's already proven that. At the very least... View More

Kacie Marie Czapla
Kacie Marie Czapla
answered on Aug 7, 2022

Do you have an operating agreement? Most operating agreements have buy-out clauses that prevent this from happening. Without an operating agreement, your options are limited.

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