Skip to main content
Nancy L. Lanard

Nancy Lanard’s Answers

429 total


  • Roofer took a deposit in Pennsylvania. Did no work, ask for a refund for a month. Is there a law making this a crime in Pa.

    Roof work on a house I owned. This was all done online, paid thru Walmart direct funds. Can this be a cyber crime? I just want my deposit back. I heard there was a change in the Pa. law that makes this a crime. I would like law enforcement or the ...

    Nancy’s Answer

    Please contact the PA Attorney General's office and file a complaint with them. There is a PA Home Improvement Consumer Protection law (https://www.attorneygeneral.gov/uploadedFiles/MainSite/Content/Registrations/HIC_Contractors/Act_132_Home_Improvement.pdf) that covers just this type of situation.

    Good luck!

    See question 
  • How do I start franchising my restaurant?

    We are an LLC, sole owner; been in business 5 years...4 of those years we were a sole prop. We have a potebtiak investor/franchisee in place already.

    Nancy’s Answer

    As my colleagues have noted, franchising is a highly regulated area of law. You cannot sell franchises in the U.S. without complying with federal law and in certain states in the U.S. with their state requirements. Failure to franchise properly can result in large fines as well as your franchisees rights to rescind (cancel out) the contract. The penalties are quite substantial. You will need an FDD (Franchise Disclosure Document), franchise agreement, specified training procedures, an operations manual and other important information for the FDD. I recommend working with a franchise consultant along with an experienced franchise attorney, to help with developing the franchise. This is not something you want to try to do on your own or with inexperienced attorneys.

    See question 
  • Therapist in Pennsylvania - Sole Proprietor or LLC?

    I'm planning on starting a small therapy practice in Pennsylvania, and am trying to decide between sole proprietorship and LLC. I will have malpractice insurance, and the costs of running the business will be very low, so no debts will accrue. Are...

    Nancy’s Answer

    Your question is an excellent one. If you are seeing patients at your home or an office, I would recommend that you consider forming an LLC or corporation (S-corp). If someone were to slip and fall, for example, on ice that was not removed quickly enough and your were held responsible, this liability could go beyond your insurance coverage for the space. I believe you should consult with an attorney to discuss this in more detail. The risk may outweigh the cost.

    See question 
  • Commercial Lease

    I need a commercial lease (35 pages) reviewed. Is it possible to find an attorney who would charge a flat fee?

    Nancy’s Answer

    We charge a flat fee for commercial lease reviews. It is important to know the fees in advance so you can budget appropriately.

    See question 
  • Hello I am a resident in Philadelphia, PA that will soon be opening an LLC in Wymoning.

    The business is a web desvelopment, marketing and design company. My question is should I register the fictitious name in Wymoning since I will be opening the LLC there or should I only regist the fictitious name in PA since I am a resident in PA...

    Nancy’s Answer

    I believe you mean Wyoming, PA, correct? If so, it would seem to me that you just need to file the fictitious name registration with PA. A fictitious name registration is only needed if you will be doing business under a name that is different than your LLC name. For example, your LLC is "ABC, LLC" but your business/trade name is "Clever Web Development". In that case, ABC, LLC would file a fictitious name registration with PA indicating that it is doing business as Clever Web Development.

    I have not reviewed your situation and my advice is purely generic. I hope it helps.

    See question 
  • 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