Skip to main content
Nancy L. Lanard

Nancy Lanard’s Answers

423 total


  • Do I have a case to demand recourse for an unfair eviction from a commercially leased building and or breach of contract?

    I am renting a commercial building. The building [esp roof] is in deplorable condition, which the lessor contractually agreed to fix. The lessor then renegade on the agreement and would not return calls or emails. The lessee stopped making rent pa...

    Nancy’s Answer

    The lease will govern your rights.You may be able to argue constructive eviction, depending on the issues that the roof and other problems are causing. You should consult an attorney in MO who focuses their practice on commercial real estate law to advise you. Your question lacks a lot of facts that any attorney will need to know to be able to assist you.

    See question 
  • Can I get out of a contract if the sales rep never made a point of telling me about the "no cancelation" policy?

    The "no cancellation" policy was never pointed out to me nor mentioned in any way during the sales speal, nor during contract signing. When I said I wanted to cancel, they said the "no cancellation policy is clearly written on the BACK of the ...

    Nancy’s Answer

    If this is within 3 days of entering the contract, and it is a consumer contract, then you have a right of rescission in PA by law. This means you can rescind the contract (cancel it) and the seller has no option but to allow it regardless of the terms on the back. This is only in the case of a commercial retailer (not a private sale) and a consumer sale.

    Also, if it is a consumer sale, there is another PA law that may protect you if it relates to home improvement. The Attorney General's office handles complaints against home improvement contractors. If this relates to a home improvement you may have an action that the AG's office would help with.

    In conclusion, you have not provided enough information to provide a full answer. You may wish to speak with an attorney who can better assist you.

    See question 
  • How can i move out of the commercial lease?

    I rented 2 stores About 4 months ago with a lease of 5 years with option to extend. The stores are next to each other and they have separate leases even that the Landlord is the same.One of the stores is not bringing me money at all so i am think...

    Nancy’s Answer

    You need to review both leases. There may be cross default provisions that state that default of one lease equates to a default of the other too. You should retain an attorney to assist you with this situation before you move forward with ant action. Good luck!

    See question 
  • I am forming an LLC and I have heard many people say I should incorporate in DE or Nevada.

    I live in PA and it the business I am trying to start is an online clothing boutique. If I operate in a "foreign" state (PA), do I have to pay state corporate and income tax for the state I am operating in? What would I have to end up paying in PA...

    Nancy’s Answer

    If your business is going to be headquartered our out of PA then you will have to pay PA taxes and register it as a foreign LLC regardless of where you form the entity. I do not typically recommend that my clients form their entity outside of PA (in DE or NV) when they are a small business. The fact that you will be shipping to many states means you will avoid sales taxes in those states, in most cases, if your presence is in PA and you do not have sales people or offices in those other states.

    I think this is a very important decision which warrants consulting an attorney and an accountant.

    See question 
  • I'm am interested in connecting with a Lawyer/s who specialize in, Home based businesses, Franchises, and Work from home.

    I am seeking legal assistance from professionals who specialize in all aspects of the work from home industry.

    Nancy’s Answer

    You should seek counsel that is familiar with home-based businesses and franchises. I would be happy to speak with you about our services and fees. There are many qualified franchise attorneys on Avvo who would be happy to speak with you. I also can put you in touch with franchise brokers who can help you find a good fit for a home-based franchise.

    See question 
  • Can I get out of space that I am renting (commercial)?

    We have a commercial lease that expired 3/31/15. It does say option to renew for 2 years on the lease. we did not sign a new lease because landlord said the lease we have is good enough. About 6 months ago, we asked landlord if he has a...

    Nancy’s Answer

    The answer lies in the 4 corners of the lease you signed. If the lease did not actually renew, then you are on a month-to-month lease and you need to give 30 day's notice of your intention to terminate. However, you should have an attorney review the lease to determine if the lease may have renewed by you not providing notice that you were terminating prior to the renewal date. I think it would be wise to hire an attorney to review the lease you signed and all correspondence related to renewal.

    Good luck.

    See question 
  • Should my wife and I create an LLC as single member or partnership for very low income businesses to ease tax burden?

    My wife is starting a home baking business, and I build Mobile Applications on the side. We would like to set up an LLC, but income for both businesses totals less than $2K-5K a year and we use TurboTax to do taxes ourselves, so savings on taxes/f...

    Nancy’s Answer

    There are typically two main reasons to set up a corporation or LLC - 1) tax reasons; 2) liability reasons. From the brief description of your businesses, it seems that there are no serious liability concerns for either business. However, you should evaluate the risk to your personal assets if something were to go seriously wrong with either business and you were sued personally. As far as tax advantages, you should consult with a tax professional, such as an accountant, to determine if there are tax reasons to form a separate legal entity such as a corporation or limited liability company.

    Good luck.

    See question 
  • To own an LLC, do I need a second or third person to be on the board?

    I want to start an LLC company; but want to own it 100%. I plan to assign Managerial position to another person. They will run the company for me. Do I need another person, or have the Manger on the board?

    Nancy’s Answer

    In PA you can have a single member LLC and have it managed by a manager, as opposed to the member. In PA and LLC does not need a Board.

    This is generic advice and not intended to provide you with legal advice for your specific situation, nor does it create an attorney/client relationship.

    See question 
  • Franchise

    My son is thinking about buying a franchise. A trial contract has been written. What kind of lawyer do i need to review the contract and an estimate of the cost involved to review and advices? This will be the first franchise as only one place o...

    Nancy’s Answer

    I agree with my colleagues - a) there is no such thing as a trial franchise agreement and b) you should have an experienced franchise attorney, one who routinely reviews franchise documents for prospective franchisees, evaluate the opportunity for you. You should tread very carefully, as there are many start-up franchises out of South FL and many of them fail.

    You should definitely consult one of the many very experienced franchise attorneys you find on Avvo.

    See question 
  • Can legal action be taken by one franchise against another if an employee submitted resignation letter?

    march of 2015, i submitted a letter of resignation to pizza hut (hempstead), (due to personal and irreconcilable differences), the general manager never submitted the letter . i am currently employed as a shift manager at a different franchi...

    Nancy’s Answer

    I agree with my colleague, you haven't suffered any damages, so there wouldn't really be a legal action. I would send another letter of resignation to the owner of that Pizza Hut and let him or her know that you resigned your position on whatever date it was you resigned. It sounds like this is just a communication issue.

    See question