Texas Business Legal Questions

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222 legal questions have been posted about business law by real users in Texas. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include business formation, business litigation, and business planning. All topics and other states can be accessed in the dropdowns below.
Texas Business Questions & Legal Answers - Page 5
Do you have any Texas Business questions page 5 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 222 previously answered Texas Business questions.

Recent Legal Answers

I am a nurse practitioner and want to start my own company.

Answered 13 years and 3 months ago by Mr. Richard Alan Alsobrook (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
There are too many unknown variables to answer that question.   You should contact a local corporate or business attorney with a good understanding of tax law.  There are various state, local, and federal tax ramification associated with forming and maintaining a business. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More
There are too many unknown variables to answer that question.   You should contact a local corporate or business attorney with a good... Read More

Selling my LLC interest from company X to company Y owned by me.

Answered 13 years and 3 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
You cannot accomplish your objective by a transfer. If your interest in the LLC is truly worthless, you can write it off. This will generally result in a short-term capital loss.
You cannot accomplish your objective by a transfer. If your interest in the LLC is truly worthless, you can write it off. This will generally result... Read More

i purched a firearm from a pawnshop that turn out to be stolen .

Answered 13 years and 3 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
Take it back (or, if it has been confiscated, take proof) and go back to the pawnshop and obtain a refund.
Take it back (or, if it has been confiscated, take proof) and go back to the pawnshop and obtain a refund.

Is a contract to sell a car legit if only one of the two owners signed it?

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
Maybe. Some contracts are not required to be in writing. Other contracts can be accepted by performance rather than signature. It depends. You need to provide more facts.
Maybe. Some contracts are not required to be in writing. Other contracts can be accepted by performance rather than signature. It depends. You need... Read More
You didn't suffer any legally recognized harm as a result of the ad. Generally speaking, advertisements are deemed an invitation to bargain, not a firm offer. You can complain to your state's attorney general if it will make you happy.
You didn't suffer any legally recognized harm as a result of the ad. Generally speaking, advertisements are deemed an invitation to bargain, not a... Read More
In the absence of an agreement to the contrary, employment in Texas is on an "at will" basis. That means that they may fire you for any reason or no reason at all, at any time, including if you refuse to sign their form of agreement. It sounds as if the agreement itself may be needlessly broad in scope in order to protect your employer's interests, but it is impossible to determine that without reviewing the agreement and understanding the employer's business. See an attorney and have your attorney review the agreement.... Read More
In the absence of an agreement to the contrary, employment in Texas is on an "at will" basis. That means that they may fire you for any reason or no... Read More

How does Texas regulate a product warranty?

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
In general, consumer product warranties are regulated both at the federal level (primarily regarding warranty terms) and also at the state level (some warranties are implied under the Uniform Commercial Code, but may be disclaimed under some circumstances). You are free to sell a consumer product under a repair-or-replace warranty. However, unless you have an effective means of assuring that the consumer assents to those limitations on your liability, you may have much broader liability. You should consult with an attorney regarding your business plans and the nature of your product.... Read More
In general, consumer product warranties are regulated both at the federal level (primarily regarding warranty terms) and also at the state level... Read More
It is difficult to understand what the issue is here. Apparently your wife is being paid all of her accrued salary, but on a delayed basis. There may be no practical, effective remedy for this circumstance. You might consider complaining to your state labor department.
It is difficult to understand what the issue is here. Apparently your wife is being paid all of her accrued salary, but on a delayed basis. There may... Read More

Can a small business get legal liability insurance after being in lawsuit?

Answered 13 years and 5 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
As a general matter, it is not possible to buy insurance to cover a loss that has already occurred.
As a general matter, it is not possible to buy insurance to cover a loss that has already occurred.
Two principles inform this question. First, as a general matter, unless the law specifically requires a contract to be in writing (which is a limited subcategory of contract subjects), an oral agreement can be enforced. Second, the contents of a "lost" or destroyed contract can be proven and enforced.... Read More
Two principles inform this question. First, as a general matter, unless the law specifically requires a contract to be in writing (which is a limited... Read More

can i get sued bi a company because of a website opened that reflects there name

Answered 13 years and 5 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
Yes. On a variety of theories, including defamation, trademark infringement and others.
Yes. On a variety of theories, including defamation, trademark infringement and others.

How would I sue someone who owes me big money and gave me a bounced check

Answered 13 years and 5 months ago by Michael Charles Doland (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Business
Since you ask this question, you probably need to hire an attorney to sue for you. Sooner increases the likelihood of recovery over "later".
Since you ask this question, you probably need to hire an attorney to sue for you. Sooner increases the likelihood of recovery over "later".

How can my school Everest universality try to kick me out.

Answered 13 years and 5 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
The problem with this fact pattern is that you do not explain what the nature is of the duty that the university owed you to continue your enrollment. In the absence of a binding contract or other agreement, a vendor of educational services has no duty to teach anyone or to allow them to participate (or continue to participate) in their educational services. You do not assert that you paid any money for which you received nothing in return. Accordingly, it is difficult to understand how you may have suffered any legally recognized harm.... Read More
The problem with this fact pattern is that you do not explain what the nature is of the duty that the university owed you to continue your... Read More
What's your question? It sounds as if you owe the money. See an attorney.
What's your question? It sounds as if you owe the money. See an attorney.
It is not clear what legal question is involved here. You wish to have a procedure that is not covered by your insurance. Your choices are to pay for it yourself or find another provider who can negotiate with your insurance carrier to have it paid for. Nothing about this fact pattern suggests the appropriateness of involvement with the legal system.... Read More
It is not clear what legal question is involved here. You wish to have a procedure that is not covered by your insurance. Your choices are to pay for... Read More

Is there a parnership withdrawal agreement?

Answered 13 years and 5 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
You will need to engage the services of an attorney to effectuate this change properly. There are no off-the-shelf documents that will accomplish your purposes. Obtaining a release of the departing partner from the debt of which he may be a guarantor may prove to be difficult.
You will need to engage the services of an attorney to effectuate this change properly. There are no off-the-shelf documents that will accomplish... Read More

Do I need a special license to sell e cigarettes and accessories online?

Answered 13 years and 5 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
You will need to comply with the PACT Act. Check it out.
You will need to comply with the PACT Act. Check it out.
As a general matter, an unincorporated non-profit entity is not required to register in Texas under that state's laws. As an individual, you are not a "foundation" and are not tax-exempt. Thus, technically, the value of the cash you receive is income to you and must be reported to the IRS.
As a general matter, an unincorporated non-profit entity is not required to register in Texas under that state's laws. As an individual, you are not... Read More

How can I exit my contract without taking a voluntary reposession?

Answered 13 years and 5 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
The terms of the written agreement control over anything an employee might tell you.
The terms of the written agreement control over anything an employee might tell you.
It's pretty hard to do that. Try http://ssa.gov/employer/ssnv.htm as a start.
It's pretty hard to do that. Try http://ssa.gov/employer/ssnv.htm as a start.
The duplicate of this question has been responded to.
The duplicate of this question has been responded to.
It is impossible to rule out successor liability claims unless the transaction is carefully structured. An attorney needs to be consulted about the structure and form of transaction.
It is impossible to rule out successor liability claims unless the transaction is carefully structured. An attorney needs to be consulted about the... Read More
This question, unfortunately, does not make any sense. What is is a "crited" and what does she need it/them for?
This question, unfortunately, does not make any sense. What is is a "crited" and what does she need it/them for?
http://corporate.findlaw.com/business-operations/texas-mechanic-s-lien-and-bond-claim-law.html
http://corporate.findlaw.com/business-operations/texas-mechanic-s-lien-and-bond-claim-law.html
In my opinion, there is no contract unless Michael agreed to waive her (?) condition that the offer could only be accepted in a specific way.  There would be a contract, however, if Michael decided to accept Danny's noncompliant acceptance of her (?) offer (which could be deemed a "counteroffer"), either by saying so ("Great, we have a deal") or by performing (e.g. by sending her Iphone to Danny).  In other words, it is Michael's choice.  The offeror has the right to set the terms of the offer.  Leaving aside the other requirements, the requirement of a writing is generally considered important.  Moreover, although it may not seem material whether the offer was accepted in the particular way that Michael specified, it may have been material to her. ... Read More
In my opinion, there is no contract unless Michael agreed to waive her (?) condition that the offer could only be accepted in a specific... Read More