Texas Business Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question

2
Details

3
Submit
1
Ask a Question

2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
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
Do you have any Texas Business questions 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

Family land in an LLC

Answered 4 years and 2 months ago by attorney Ms. Leslie A. Werner   |   1 Answer   |  Legal Topics: Business
In order to answer your question, any attorney would need to see the company regulations governing the LLC you and your brother have. You should find a good business lawyer in your area and bring your regulations with you. 
In order to answer your question, any attorney would need to see the company regulations governing the LLC you and your brother have. You should find... Read More

How do we get our car back without going to civil court?

Answered 4 years and 10 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Business
Nothing.  You can write a letter,  you can have a lawyer write a letter, you can complain to the BBB and the Chamber of Comemrce and write a bad review on Yelp, but the only institution with the power to force compliance ia a court.
Nothing.  You can write a letter,  you can have a lawyer write a letter, you can complain to the BBB and the Chamber of Comemrce and write... Read More
You would not "press charges" as I believe the police or local prosecutor would tell you that this is not a criminal matter.  You would bring a civil suit for breach of contract.
You would not "press charges" as I believe the police or local prosecutor would tell you that this is not a criminal matter.  You would bring a... Read More

How do i go about suing someone in a small claims court?

Answered 5 years ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Business
Get on the website of your local small claims court to get all the information you need about starting a small claims action.  If you still have some questions, call the clerk of the small claims court.
Get on the website of your local small claims court to get all the information you need about starting a small claims action.  If you still have... Read More
Your employer can tellyou whatever it wants, but that doesn't bind you.  I assume that this has to do with unemployment benefits.  If your employer disputes your entitlement to them, the unemployment office will adjudicate the dispute.
Your employer can tellyou whatever it wants, but that doesn't bind you.  I assume that this has to do with unemployment benefits.  If your... Read More

Can I use a bankrupt companyโ€™s name?

Answered 5 years and 2 months ago by Mr. Mark Price Brewster (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
You probably, and I repeat, probably can do that so long as the name was not legally protected and was not conveyed to a creditor etc., in a lawsuit. If your dad's company is still legally allowed to do business (check with the Texas Secretary of State's office), then he will have to send a letter to the Texas Secretary of State agreeing to allow you to use the name. If his corporation has forfieted its existence, then you can use the name.  Mark P. Brewster Brewster Law Firm mark@markbrewsterlaw.net (210) 437-1232  ... Read More
You probably, and I repeat, probably can do that so long as the name was not legally protected and was not conveyed to a creditor etc., in a lawsuit.... Read More

Company A scraps an asset and gives to unrelated company B. What document should be used to for company B to show ownership?

Answered 5 years and 2 months ago by Mr. Mark Price Brewster (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Certainly a BOS. If the equipent orginally had its own title (car, boat, airplane, etc.) then you need a title document. Ask the person giving it to you if they have a title to it. If it's not required to have a title, then the BOS is likely all you need. Otherwise you need to transfer the title, and possibly seek a new title certifiate if the old one has been lost.    Mark P. Brewster Brewster Law Firm mark@markbrewsterlaw.net (210) 437-1232... Read More
Certainly a BOS. If the equipent orginally had its own title (car, boat, airplane, etc.) then you need a title document. Ask the person giving it to... Read More

"What types of policies do we need to put into place to dictate/govern customer to customer interactions/issues?"

Answered 5 years and 2 months ago by Mr. Mark Price Brewster (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
There are a lot of issues to consider in your questions. You probably want confidentiality, non-circumvention, possibly non-compete (although those are difficult to enforce), and there may be others. Think through the matters that you are concerned about, as this is a good first step, but certainly a lawyer can help you identify matters you did not think of yourself becuase you may not have known they were a concern or an issue to address. Mark P. Brewster Brewster Law Firm mark@markbrewsterlaw.net (210) 437-1232... Read More
There are a lot of issues to consider in your questions. You probably want confidentiality, non-circumvention, possibly non-compete (although those... Read More

HAVE A LLC NAME BUT MY WEBSITE HAS A COMPLETE DIFFERENT NAME

Answered 5 years and 2 months ago by Mr. Mark Price Brewster (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
You need to file a DBA with the Texas Secretary of State, for the LLC, to show that it is XYZ, LLC d/b/a ABC. Then you can use ABC on your website.    Mark P. Brewster Brewster Law Firm mark@markbrewsterlaw.net (210) 437-1232
You need to file a DBA with the Texas Secretary of State, for the LLC, to show that it is XYZ, LLC d/b/a ABC. Then you can use ABC on your... Read More

How do I get the marketing company who overcharged and bill padded to reimburse me?

Answered 5 years and 2 months ago by Mr. Mark Price Brewster (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
One option is to send a demand letter to them under the Texas Deceptive Trade Practices Act. You can also recover attorney's fees under that Act.    Mark P. Brewster Brewster Law Firm mark@markbrewsterlaw.net (210) 437-1232
One option is to send a demand letter to them under the Texas Deceptive Trade Practices Act. You can also recover attorney's fees under that... Read More

Can i sue an employee at a game room for calling Me stupid

Answered 5 years and 4 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Business
You can sue anyone for anything, but I don't know what your claim would be.  People have the right to express their opinion, however unflattering it might be.  Moreover, you have suffered no monetary damages.  I think you would probably gain more satisfaction complaining to management and/or leaving a bad online review. ... Read More
You can sue anyone for anything, but I don't know what your claim would be.  People have the right to express their opinion, however... Read More
Is the RV Park an independent legal entity, like a corporation or an llc?   Is the management company? If so, those entities can be sued.  If, however, they are sole proprietorships, they have no separate legal existence, and their owners are personally laible for any business obligation.  Even if the RV Park and management company are both corporations, however, you can still be personally liable depending on the dispute.  You would not, as a general rule, be persoanlly liable for either corporation's contracts, for example, but would be personally laible for your own torts.  For example, if you, while driving a van owned by the corporation in the course of your employment, get into an accident due to your negligence, you can be personally laible as well as the corporation being liable.... Read More
Is the RV Park an independent legal entity, like a corporation or an llc?   Is the management company? If so, those entities can be sued. ... Read More

Can someone help someone and request a commission as payment for services for assistance with a Federal Agency Loan

Answered 5 years and 5 months ago by Mr. Mark Price Brewster (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Unfortunately, I do not know the answer to your question, but I wanted you to know that you are not being ignored. Best of luck on this. 
Unfortunately, I do not know the answer to your question, but I wanted you to know that you are not being ignored. Best of luck on this. 

Where can I find a templete for the transfer or assignment of LLC membership shares as a gift to a family member in Texas

Answered 5 years and 5 months ago by Mr. Mark Price Brewster (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Typically there is no template or form for this. If there are certificates that represent membership interest, then the back of the certificates usually have a space for transferring them. You need to consider if there are gift taxes triggered by this gift. You also need to consider if there are restrictions on sales in the company's Operating Agreement. ... Read More
Typically there is no template or form for this. If there are certificates that represent membership interest, then the back of the certificates... Read More

How do I operate a CSO/CAB business in Texas?

Answered 5 years and 6 months ago by Mr. Mark Price Brewster (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
I wish I could answer this for you, but this is a specialized area. Hopefully someone else on this site can answer this for you. Have a nice day! 
I wish I could answer this for you, but this is a specialized area. Hopefully someone else on this site can answer this for you. Have a nice... Read More

How do I get a business partner to honor the guarantee?

Answered 5 years and 6 months ago by Mr. Mark Price Brewster (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
You need to send him a letter under the Texas Deceptive Trade Practices Act (DTPA). You can find it under chapter 17 of the Texas Business & Commerce Code -- google Texas Statutes or just "Texas DTPA" and you can find it. It's a bit hard to read, but it provides remedies for you, and the possibility of recovering attorneys fees and enhanced damages. Before you can bring any legal action, you must send him a notice under the DTPA which spells out your complaint. You cannot sue him or take him to arbitration (check your contract to see if it requires arbitration) until he has had your notice letter for 60 days. ... Read More
You need to send him a letter under the Texas Deceptive Trade Practices Act (DTPA). You can find it under chapter 17 of the Texas Business &... Read More

have a question about property management agreement

Answered 5 years and 7 months ago by Mr. Mark Price Brewster (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
I depends on what the contract with the management company says. The contract should have a paragraph for "term" which defines the length of the contract, and that paragraph may also contain renewal provisions. Another paragraph called "termination" may or may not be in the contract. It will state how you can terminate early, if that is allowed by the contract. ... Read More
I depends on what the contract with the management company says. The contract should have a paragraph for "term" which defines the length of the... Read More

Shareholder secretly selling shares to another shareholder, making the buying shareholder a majority owner

Answered 5 years and 7 months ago by Mr. Mark Price Brewster (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
I've represented many minority-interest owners in corporate matters. Not having a shareholder agreement is a hurdle and generally parties can contract as they see fit. It is an uphill battle, but you do have some rights that you might be able to use. You said that you verbally agreed on the initial ownership percentages. Is that documented anywhere? Are there minutes, emails, texts, or anything that create a record of the agreement for the initial percentages or of the verbal disucssions you had subsequent to that? ... Read More
I've represented many minority-interest owners in corporate matters. Not having a shareholder agreement is a hurdle and generally parties can... Read More

Can I use the picture of a product and use in my own product

Answered 5 years and 10 months ago by Ryan Gressett Reiffert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
You could license the picture(s) you want to use, or you an use royalty-free pictures. There are various libraries of these around. Basically you will need to check the license terms and IP status of whatever you are using.
You could license the picture(s) you want to use, or you an use royalty-free pictures. There are various libraries of these around. Basically you... Read More

How to add and pay a partner I add to my business

Answered 5 years and 11 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Business
Partners can pretty much have whatever duties and receive whatever compansation the partners agree to.  If that person is alos working for the partnership, the 20% can be in the form of salary, partnership dividends, or some combination.  The person can own 20% of the equity, or any other percentage teh parties agree to.  There is no problem having a partner who receives 20% of the profits and no other compensation.  There is also no problem having an employee whose compensation is 20% of the profits but isn't a partner.  However the two of you decide to structure your deeal,  I would recommend havinga written partnership agreement clearly documenting the terms.  I would also recommend consulting an attorney, or at least an accountant, for tax and other advice on how best to structure the agreement. ... Read More
Partners can pretty much have whatever duties and receive whatever compansation the partners agree to.  If that person is alos working for the... Read More
The content of your contract depends on the services you will be offering and the fees for those services. Your specific industry may require certain clauses to be included depending on the laws that apply to your industry.
The content of your contract depends on the services you will be offering and the fees for those services. Your specific industry may require certain... Read More

Employee Contract?

Answered 6 years and a month ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Business
From what you've written, you were an employee at will, meaning that you could be fired at any time for any reason not prohbiited by statute (e.g. race, religion, gender, etc.)  Texas law may be different, but in the states in whcih I practice, an employer can require an employee to enter into an employment contract as a condition of continued employment. although it does not necessarily follow that all the provisions of the agreement will be deemed valid if the employer ever sues to enforce them.... Read More
From what you've written, you were an employee at will, meaning that you could be fired at any time for any reason not prohbiited by statute (e.g.... Read More
You would add the clause by adding the clause, but of course it might be of some evidentiary value, it is not binding on your former employer who is not party to the contract.  You can’t guarantee that your former employer won’t sue you, but the more proof you have that you didn’t poach the more likely you are to win the suit. ... Read More
You would add the clause by adding the clause, but of course it might be of some evidentiary value, it is not binding on your former employer who is... Read More
There is nothing inherently illegal or improper about this structure, and it is not uncommon.  Obviously the structure can be abused to commit all sorts of shenanigans like tax fraud or fraud on creditors (for example, if the owner company paid a higher than market fee to the management company in order to shift assets out of the reach of creditors of the owner company, that would be fraud), but as long as your boss is careful to run all three entities on the up and up, there should be no problem.... Read More
There is nothing inherently illegal or improper about this structure, and it is not uncommon.  Obviously the structure can be abused to commit... Read More
You obviously know that the owners of an llc are normally not liable for the llc's obligations, but I share your concern that in this case,w here liability would accrue due to the actions of the llc's sole employee who is alos one of its two owners, the veil of the llc could be pierced.  An affidaVit will do nothing to alleviate this risk.  A contract limiting liability and assuming any risk from not having a licensed professional working may help any ultimate liability issues, but I doubt will help you get insurance because (at least in the jurisdictions in which I practice) you cannot contractually (or in any other way) disclaim liability for intentional or reckless conduct, only for negligence. ... Read More
You obviously know that the owners of an llc are normally not liable for the llc's obligations, but I share your concern that in this case,w here... Read More