Business Legal Questions

So even though he didn't pay up, did you still put his name on the deed?  I'd have to see the actual agreement to gauge your chances of success and options.  If he refused to convey his interest in the property to you upon request, your next best option would be to file a claim for either specific performance or to quiet the title to the property.  FYI, the transfer of his interest to you will be subject to realty transfer tax of 2% or more of the fair market value of his interest in the property and you'll probably have to pay that. ... Read More

As long as the contract is drafted properly, with a recitation of adequate consideration, it will be enforceable. In this case, the consideration for him walking away from the project with no claim to profits or even reimbursement is your release of him from responsibility for his share of the labor for the project.  ... Read More

The actual transfer is just a matter of marking up the LLC books, and doing it in accordance with the Operating Agreeement.  The tax issues are the main issues.  There is no tax on the transfer itself, but when the members report their new shares, the tax to you and your sister will adjust accordingly.... Read More

That depends on what the agreement provides.  If the management company is performing and being paid for services which your partner was supposed to provide without compensation (other than profit participation) then he had no right to cause the urgent care to engage and pay it.  Assuming that the operating agreement gave him the right, as the business manager, to hire a management company on behelf of the urgent care company, and allowed him to do so unilaterally despite the conflict of interest, the question would be whether the management company was being paid a fair rate (generally based on what the market rate is for the services provided) or was being paid more than a disinterested management company would have been paid, in which case yoiur partner has breached his fiduciary duty by putting his own interest above that of the partnership.... Read More

There is no minimum number of directors required for non-profit business entities in Pennsyvlania.  I would suggest at least 3.  Most have more because organizations often use those positions to attract people of influence in the community to participate in the organization.  501(c)(3) is a federal tax code designation for one type of a tax exempt entity.  Non-profit organization is not the same as a 501(c)(3).  State vs. federal law.  not all non-profit organizations are tax exempt. ... Read More

I'm a home brewer myself so your question attracted my attention.  I'd suggest that you form a limited liability business entity, such as a LLC, for your venture.  You are making "food" so you'll probably be subject to your local health department regulations and may need for facility inspected and approved.  Your municipality may also require a business license of some kind so check that out.  For the liquor aspect, you'll have to call the PA liquor control board to determine what kind of license you need and whether one is available in your municipality.  Some types of liquor licenses are restricted in number per municipality.  If the number of licenses approved for your municipality are all in use, then you might have to acquire an available license from another community and ask that it be transferred to yours.  That would require local and PLCB approval.  Good luck and happy brewing!... Read More

Who is the listed grantor on the deed? What interest do you have in the property?  The lawyer notarized someone else's signature or his own?  In order for you to get some advice that is useful for you in this situation, I think you would be best served by having someone review the deed for you. ... Read More

You so have a contract to make payments. If there is no writing, you have an oral contract. You also were "unjustly enriched", by getting the car. He can not take your car, but you can be suit based on the agreement or for the car'still value. The you assets including the car can be attached  and ultimately taken. If you agree you made a deal you should honor it.... Read More

Why not submit a written dispute to that item as shown on your credit report?  The credit reporting company will submit the dispute to the lender and ask that the notation be verified.  If it cannot be verified or if the lender doesn't respond to the dispute, the item will probably be removed from your credit report. ... Read More

It sounds like you've not complied with the repayment terms if there have been penalties (and probably interest) applied to your account.  That can certainly add up and result in more payments than what would have been expected if you paid according to the contract.  You should consider having an attorney review your loan agreement, payment history and give you an opinion if there are errors in the amount the lender is telling you is due. ... Read More

Yor employer is obligated to provide you with a W-2 by January 31 of the year following the taxable year.  it's not unusual for employers to go beyond that date.  You should pursue your request with your employer and, if the local owner or franchisee will not comply, got up the chain of command.  If those efforts fail, you might consider retaining an attorney to write a letter to your employer.  That sometimes ups the ante and gets the response you desire.... Read More

Hi Daniel, If the statement that your employer made is false than you may very well have a claim against him for defamation. The key in a defamation claim is proving that damages resulted from the statement.  If you can't show actual damages, you still likely have a claim because of the nature of the accusation (i.e. criminal or fraudulent conduct) but your claim might not be as strong. Let me know if you would like to discuss. Thanks,Jon... Read More

Since this has been ongoing for as long as it has, it may be time for you to have an attorney send them a letter setting forth what has happened and insisting that it not happen again.  The difficulty here is that it sounds like more of a nuisance (taking your time responding, etc.) than a real financial hardship, so you have to decide whether it is worth spending a little bit of money (several hundred dollars likely) to try to stop the problem.   Thanks,Jon... Read More