| Subject | Date Asked | Expert |
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| verbal mobile phone contract | 11/23/2006 | David K. Staub |
Q: Is a verbal mobile phone contract legal without any contract or signature. Can I cancel this under ...
A: Generally verbal contracts ARE enforceable unless some exception exists. A major exception is ...
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| Partnership Disaster | 11/18/2006 | David K. Staub |
Q: Yes, it is an Ohio corp. and there are no directors, just the two of them. The paper filed with the ...
A: If the amendment to the articles of incorporation falsely states that the name change was approved ...
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| Partnership Disaster | 11/17/2006 | David K. Staub |
Q: My husband is a 50/50 partner with a woman he had been involved with during the inital corporation ...
A: You don't say who the directors of the Corporation are. You also say that the business is located ...
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| non-compete contracts | 11/17/2006 | David K. Staub |
Q: My daughter works as a salesperson for an out of state company. Her territory is in Illinois. She ...
A: In Illinois, a post employment non-compete contract will be enforced if its terms are reasonable. ...
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| Provider out of business- lease on equip. | 11/16/2006 | David K. Staub |
Q: Our provider of security cameras with software and 5 years of unlimited maintenance and help went ...
A: Unfortunately, there is probably not much you can do. You are more or less in the same situation you ...
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| LLC | 11/16/2006 | David K. Staub |
Q: We had an LLC and the business closed with a large amount of debt. We also could not pay an ...
A: If there is not enough cash or other assets to pay all the creditors in full, then the LLC should ...
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| employment agreement | 11/15/2006 | David K. Staub |
Q: I was a sales rep for a nationwide new home builder. I signed a employment agreement to be employed ...
A: The statute of limitations varies from state to state. On an action on a contract, the statute also ...
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| Verbal Agreement | 11/15/2006 | David K. Staub |
Q: My husband and his x wife while married borrowed $20,000.00 for his parents to put as a down payment ...
A: This question combines contract law and family law, with a strong dose of evidence and civil ...
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| disolving a corp. w/partners | 11/10/2006 | David K. Staub |
Q: I and my 2 partners own a small scaffolding company. We are incorporated. None of us have the means ...
A: You don't say who owns how much of the corporation, but I assume you only own a third, or at least ...
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| LLC Dissolution | 11/8/2006 | David K. Staub |
Q: If a LLC has a judgement (default to pay), and has no assets, and inactive for the past 8 months, is ...
A: The fact that the LLC is insolvent should not prevent the LLC from dissolution and winding up. ...
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| Terminology Questions | 11/7/2006 | David K. Staub |
Q: I am totally confused about all the symbols used to indicate different types of companies. I know ...
A: Lisa, The terminology is confusing. The differences between the entities are sometimes pretty ...
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| Cousin and Verbal Agreement | 11/6/2006 | David K. Staub |
Q: What I meant is, my mother's mom and dad names are on the deed. On the deed it has my uncle listed ...
A: Only someone who examines the deed and, if necessary, your grandparents' probate file can answer ...
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| used vehicle purchase contract | 11/5/2006 | David K. Staub |
Q: My 19 year old son signed a contract to purchase a 2006 used truck for $46,000. He waived the CA ...
A: I am not aware of any law that allows your son to cancel the contract to purchase the truck. There ...
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| Cousin and Verbal Agreement | 11/3/2006 | David K. Staub |
Q: I think she must have this impression that I have an a lot of money and don't have anything to do ...
A: If your cousin doesn't simply give you back your money, you need to sit down with a local attorney ...
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| verbal agreement with neighbor | 11/1/2006 | David K. Staub |
Q: Recently, the people living in the apartment next to mine were evicted for not paying their rent. ...
A: Unfortunately, I think that the news is bad for you. When one person transfers the possession of ...
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| Verbal agreement | 10/30/2006 | David K. Staub |
Q: I bought a car and know longer wanted it anymore so my friend said that she will take over the ...
A: You seem to have have an uphill battle. Not only do you have to overcome the fact that there is ...
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| Cousin and Verbal Agreement | 10/30/2006 | David K. Staub |
Q: In 2003, my only uncle pass away. Before he died I had talk to him about the land he has in Florida. ...
A: I can't tell you whether to sue. In most states you cannot enforce an oral agreement involving the ...
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| business idea | 10/30/2006 | David K. Staub |
Q: I have an idea for a small business on the internet. I have to do some research to make it work. ...
A: Protecting an idea is not paranoia. It is good business. You cannot trademark an idea. There are ...
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| Selling Business | 10/29/2006 | David K. Staub |
Q: I have a business with 3 1/2 years left on my lease. There is a buyer wants to buy my business. ...
A: A lease is a contract between two parties, so you first have to look to the document to see what it ...
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| business contract | 10/28/2006 | David K. Staub |
Q: as I am considering going into a business partnership. i wanted to check it by a professional to ...
A: Seeking to have your contract reviewed by an attorney is a smart move. The best way to find a ...
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| dissolving a small business in fla. | 10/26/2006 | David K. Staub |
Q: I started a small business in Florida preparing all forms of legal documents;however,since the ...
A: Are you conducting the business in your own name (a sole proprietorship) or did you form a limited ...
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| signing a contract | 10/25/2006 | David K. Staub |
Q: I was just wondering, how long after signing a contract do you have to change your mind? If the ...
A: It is a common misconception that there is a period of time for canceling any contract. The Federal ...
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| Non-compete contract | 10/25/2006 | David K. Staub |
Q: My husband was forced to sign a non-compete contract or lose his job in 2004. This past week he was ...
A: The answer is "maybe." Agreements restricting competition are treated differently in different ...
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| contract | 10/25/2006 | David K. Staub |
Q: I've been offered to go into a partnership with a friend who is in the process of opening up a home ...
A: Milly, You and the other potential co-worker are going to be serving in two distinct roles, owner ...
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| LLC vs S Corp- liablites vs. tax advantages | 10/24/2006 | David K. Staub |
Q: Two family members want to start a service business, building contractor. One member has the ...
A: An LLC should protect you from most contractual liabilities unless you personally guarantee them ...
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| dissolving a corporation | 10/23/2006 | David K. Staub |
Q: I am a 25% owner, and my wife is also a 25% owner of a small corporation in Maryland. There are two ...
A: Since you and your wife do not have 2/3 of the vote which is needed to voluntarily dissolve the ...
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| general questions | 10/23/2006 | David K. Staub |
Q: im thinking about starting up a small home based business, making puppets, and i am the only ...
A: I'll answer your last question first: the notice on the website (and presumably on the product ...
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| How do i go about starting my own plumbing buisness | 10/18/2006 | David K. Staub |
Q: I'm currently working for mr.rooter's plumbing company and its great!! i would like to own my own ...
A: Most, if not all, states require a plumbing license in order to install plumbing or own a plumbing ...
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| Setting up a Foundation | 10/12/2006 | David K. Staub |
Q: Staub, I am in the process of planning the set up of an educational institute. I am looking for ...
A: Setting up a foundation has a lot of legal complexities and I do not recommend a "do it yourself" ...
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| disolving a partnership | 10/8/2006 | David K. Staub |
Q: how do you come to a price if the other partner wants to buy you out.
A: From your question, I assume that this is a two person partnership and that the intent is that the ...
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| LLC manager | 10/8/2006 | David K. Staub |
Q: When you chose LLC to be managed by manager, the manager has to be individual or could be legal ...
A: Neither Delaware nor Illinois require that a manager of an LLC be an individual. As far as I know, ...
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| llc goes bakrupt | 1/12/2006 | Anthony S. Park |
Q: -------------------------I signed the lease but as a member for my llc...the lease actually is in ...
A: Tracy So long as the LLC is fully and properly formed, and so long as you have no personal ...
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| delivery magazine | 11/3/2005 | Anthony S. Park |
Q: I'm opening a semestral magazine and I'm building the pages right now. It's basicly a manual with ...
A: To legally start a business, you should decide your business form (corporation, LLC, or sole ...
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| new business | 10/26/2005 | Anthony S. Park |
Q: My wife wants to open an online business selling wedding favors. She is going to have an online ...
A: Emad: Your wife may operate the business as a sole propriertor, in which case she may use her own ...
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| S Corporation | 9/3/2005 | Anthony S. Park |
Q: On May 11, 2005 I resigned as President of an S Corp. I owned 49% of the company at that time. Since ...
A: Waid: Your liability as to the corporation's debts is limited to the extent of your initial ...
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| small business legal matters | 8/1/2005 | Anthony S. Park |
Q: Mr.Park, Thank you for taking the time to review my question. I am planning to start a small ...
A: Business formation and regulation are governed on a state-by-state basis. I am licensed to practice ...
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| investing in the business I work for | 7/27/2005 | Anthony S. Park |
Q: I've worked for a friend of mine at a well established small picture framing shop for 6 years. I ...
A: Sara: If the business is already incorporated/organized as a corporation or LLC, you should begin ...
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| Which business entity? | 7/26/2005 | Anthony S. Park |
Q: My friend and I want to start a kiosk business in a mall and don't know which business entity to ...
A: Ricky: Choice of business entity depends on a variety of factors, including legal and tax ...
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| title for LLC manager-managed | 7/22/2005 | Anthony S. Park |
Q: that is a lot easier to understand. >>about -"so long as those titles are designated in your ...
A: Tom: Yes, if you are both a member and a manager, you can sign as eith a member or as a manager. ...
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| title for LLC manager-managed | 7/22/2005 | Anthony S. Park |
Q: Park, I understand that there are two kinds of LLC 1) member-managed and 2) manager-managed LLC. ...
A: Wynne: Think of is this way: draw a parallel to a corporation. A corporation has shareholders (the ...
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