Washington Business Legal Questions

That depends.  When someone advertises a price they generally have to honor it once it has been accepted, but not when the price is an obvious mistake.  I don't know what the value of the truck would be on the open market, but if it is obvious that $3,600 was way below value (which it would be if the truck is really worth over $30,000), the seller would not be bound by it.,... Read Answer

You would sue for your damages, which may or may not be the amount you paid.  For example, if it cost you $10,000 to have someone else complete the work, you would sue to recover those damages, even though you only paid this iperson $6,300.  If your contract provides that, in the event of a dispute, the losing party willl pay the prevailing party's attorneys' fees in connection with the dispute, you would sue for that as well.  However, New York law (assuming that NY law governs this transaction, which I can't tell from the facts given) does not allow punitive damges for breach of contract except in truly egregious cases, which you don't have.  I doubt that Washington law is different.  Moreover, I don't believe that small claims courts in NY have the power to award punitive damages (I don't know about Washington).... Read Answer

Owning an llc, like being a shareholder of a corporation, neither requires you to work for it nor requires it to employ you, although the operating agreement or side agreements may have provisions dealing with employment.  Assuming there is no such agreemernt in place, absent a legal withdrawal from the llc, you would still have fiduciary obligations to the llc as a member, but you don't have to work for it.  However, if you just stop working, there are likely to be other disputes which arise.   For example, how much can your ex take as salary now that you are no longer working for the llc?  What if the business needs money and your ex wants to make a capital call?  How much of a share should you receive from the sale of the llc?  Can your ex hire her new boyfriend to work for the llc without your consent, and, if so, how much can she pay him?  Do you have the right to work for a competitor?  Have you guaranteed any of the llc's obligations, such as (as is often the case) rent?  It may be better to get these issues resolved now.... Read Answer

With very few exceptions, each side pays its own attorneys' fees.  You can recover your attorneys' fees only if you have a contract, or an applicable statute, which so provides.  I'm not a Washington attorney, but I doubt that there is any statute which would provide for you to recover attorneys' fees in this situation, so the questions are (a) whether you have a contract with the hotel owner which provides that you can recover the attorneys' fees you incur in the course of a dispute; and, if so (b) why did you not seek to recover such fees when you sued in small claims court?... Read Answer

Unless you told the landlord that the lease would not be valid until and unless your partner also signed it, it is valid, or at least the lack of your partner's signature does not invalidate it.  When you refer to your "partner", are you just employing shorthand, or have the two of you actually formed af separate partnership entity?  If the tenant is an entity, whether it be a partnership, llc, or even a corporation, the lease is valid against it because you were authorized to enter into the lease on its behalf (even if you didn't actually have authority, the landlord didn't know that and was entitled to rely on your apparent authority.)  If, however, your "partner" and yourself are acting as two individuals, the lease is valid against you because you signed it.  The landlord may have a tough time going after your partner for breach of the lease, and you might have a tough time going after him for his share of the rent, because he didn't sign the lease and (depending on its term) it may be the type of contract which is required to be in writing.  However, as between you and the landlord, the lease would be valid.... Read Answer

If the LLC funds are distributed, LLC creditors may be able to trace the distributed funds to satisfy their claims, depending on whether those claims existed at the time of the distribution, how long they take to raise a claim, etc.  However, if you were not personally liable for the full amount of the claim before the LLC is terminated, you don't become personally liable because you terminate it, except to the extent that you take money out of the LLC.  In other words, if the LLC is found to owe somebody $1 million, and you take a distribution of $500,000 out ofthe sale of the LLC's assets, you could be forced to pay over that $500,000, but not the ful million.  You really should speak to an accountant about tax implications, however.  The LLC is going to have to file various tax forms (some of which may differ depending on where it did business) and will owe taxes, and the members of the LLC may be personally liable for some of those filings and monies owed.... Read Answer

Anybody can sue anybody for anything, but that doesn't mean that your friend's claim will succeed.  From the little you've written, I don't see a claim unless your friend had some basis where he was entitled to rely on the student's advice.  If some random acquaintance gives you a stock tip, you can't hold him liable if the stock goes down (unless he knew he was lying when he gave you the tip). Did your friend pay the student for his advice?  Did the student hold himself out as some sort of expert in the subject area (for example, was he employed in the financial aid office giving advice about how to apply for aid?)  Was he a professional (doctor, lawyer, etc.) whom your friend paid for professional advice, and the advice was so deficient that he committed malpractice?  Did the student deliberately mislead your friend?  Absent any of these circumstances, I don't think your friend  has a case.... Read Answer

Most contracts do not have to be in writing to be valid and enforceable, but of course a court is much more likely to believe that there was a contract if there is documentation.  From what you write, however, I think you would probably have been better off if there had been no investment contract.  If you had loaned your friend money, you would be entitled to have it repaid, although the two of you could argue about when it was supposed to be repaid, whether it was supposed to be repaid in one sum or installments, what interest rate applied, etc.  An investment in a business, however, only entitles you to an interest in the business; if the business makes no profit, you lose your money.  However, you may have a claim against your former friend if you believe he misused the money, for example. if the two of you had agreed that he would use your money for business expenses (space, supplies, advertising, etc.), and instead he had wasted the money on personal expenses.... Read Answer

Mr. Pierce:  Do you have a written LLC agreement?  Your agreement should shed light on your questions.  Whether it does or not, you should have an attorney review your situation to make sure (1) whether or not you are liable for taxes; (2) whether or not you are entitled to income that the other owners have not been paying to you; and (3) whether or not you should get out.  It seems to me that you should not pay taxes on money you do not receive.  You may have paid taxes on their income and may be entitled to get that back. Good Luck!... Read Answer

It is impossible to understand from the question you pose exactly what, if anything, your employer is doing that is legally wrong, or, more importantly, how you have been harmed as a result. If you find your employment emotionally challenging, your remedy is to quit and go to work elsewhere.... Read Answer

Yes. Anyone can start a non-profit organization. The IRS, which issues determination letters regarding the tax-exempt status of non-profit organizations, neither checks nor solicits information regarding the criminal backgrounds of the founders. Of course, any donor can check this information, and you may find that the conviction is an obstacle of fundraising.... Read Answer

You do not provide any information about what the contents of your bait may be, so it is impossible to comment on permits. As a general matter, there is always the possibility that a consumer product may cause harm through misuse or otherwise. That's why insurance against such risks is a very good idea.... Read Answer

You need to request and obtain an express order from the court: (a) declaring that you do not owe the plumber anything (this is called a "declaratory judgment") and (b) directing the plumber to communicate the correct information to the credit bureau. An attorney can assist you with this matter.... Read Answer

It may be possible for you to negotiate a payment to the plumber in exchange for an agreement on the part of the plumber that you were billed in error, which can then be sent to the credit bureau and your file corrected. Then, after payment, you can collect the amount in question from the  original homeowner.... Read Answer