Alexander Duie Pyle Latta’s Answers

Alexander Duie Pyle Latta

West Chester Business Attorney.

Contributor Level 9
  1. Can I form an LLC and pay rent to myself?

    Answered almost 5 years ago.

    1. Alexander Duie Pyle Latta
    2. Jan Matthew Tamanini
    3. Carlos Gonzalez
    4. Henry Daniel Lively
    4 lawyer answers

    What you're describing is a fairly common business arrangement. You may want to formalize the lease agreement between the LLC and yourself by putting it into a written lease. There also may be restrictions on how much you can charge your LLC for rent without undesirable tax consequences, so you should consult a tax advisor. If your goal is to avoid personal liability for the business operations of the LLC, the LLC will need to be adequately funded/insured and observe the appropriate...

    3 people marked this answer as helpful

  2. Will our rental property asset automatically transfer to an LLC?

    Answered almost 5 years ago.

    1. Alexander Duie Pyle Latta
    2. Steven J. Fromm
    3. Robert John Murillo
    3 lawyer answers

    It does not sound like there will be an automatic transfer. It will probably require a deed to transfer the property from the name of the individuals who own it to the LLC. You also might want to check the mortgage, not just the note, to make sure that there are no prohibitions on transferring the property into an entity. Furthermore, especially if you are concerned about tax implications, you should consult with a lawyer, since your scenario raises the possibility of realty transfer tax....

    1 person marked this answer as helpful

  3. Can a seller back out if the buyer cant close?

    Answered over 4 years ago.

    1. Alexander Duie Pyle Latta
    2. James S. Tupitza
    2 lawyer answers

    It depends, but contracts often provide for such a remedy. For example, a real estate agreement of sale might require a buyer to obtain financing or close within a certain time period, and give the seller the right to terminate the contract if the buyer does not perform. To answer your question definitively, an attorney would need more information about the facts of your situations, and probably to see the written agreement between the buyer and seller.

  4. I have a judgement against an LLC. I named both the company and owner. The LLC has filed bankruptcy. Is the owner still liable.

    Answered almost 5 years ago.

    1. Alexander Duie Pyle Latta
    2. Jeffrey Daniel Larkin
    3. Kaiser Wahab
    3 lawyer answers

    Based on the information in your question, it sounds like you have a judgment against the individual who owns the company, for which he would still be liable, even if the LLC files for bankruptcy. That said, you should make sure that the individual hasn't filed bankruptcy too.

  5. Breaking of a lease agreement

    Answered almost 5 years ago.

    1. Alexander Duie Pyle Latta
    1 lawyer answer

    I'd like to answer your question, but there's not enough information to do so. If you rephrase it, it might be possible to address your question.

  6. Can i be sued for attorney fees in small claims court.

    Answered almost 5 years ago.

    1. Alexander Duie Pyle Latta
    2. Cary Bartlow Hall
    2 lawyer answers

    There are provisions in PA's statutes governing associations and planned communities that allow for the recovery of attorneys' fees in certain circumstances in legal actions to recover unpaid association dues.

  7. I want to know how to file a lien on a property, i do cleaning services, under verbal agreement, owner paid 1/2 after job done

    Answered almost 5 years ago.

    1. Alexander Duie Pyle Latta
    1 lawyer answer

    Mechanics' lien claims are filed with the prothonotary of the county where the property is located. Properly filing and enforcing a mechanics' lien claim is a very technical and difficult process. It is advisable to get an attorney to assist you with such an effort. That said, I'm not sure you'd be entitled to a lien in your situation. Here is an excerpt of the section of the statute that creates the right to a mechanics' lien: "Every improvement and the estate or title of the owner in...

  8. Are home inspectors liable for any damages that they previously did not find on your home after you move in?

    Answered almost 5 years ago.

    1. Alexander Duie Pyle Latta
    1 lawyer answer

    One thing that will help you determine your legal rights is to look at the contract that you likely signed when you hired the home inspector. These contracts commonly address the extent of the inspector's responsibilities. Usually they limit the inspector's responsibility for latent problems, or issues that would only be discovered by invasive testing or inspection methods.

  9. How would someone know if my company is a corp if they don't search the EIN number?

    Answered almost 5 years ago.

    1. Jan Matthew Tamanini
    2. Alexander Duie Pyle Latta
    3. Karen L Brady
    5 lawyer answers

    If they don't check, you still have issues. If they want to contract with a corporation, the contract would likely name your corporation as the party to the contract, not you individually. Likewise, checks would likely be made out to the corporate entity, not you individually. Additionally, it is very easy to verify if there's a corporation by searching the Pennsylvania Department of State's Corporation Division's searchable database. Many attorneys who write contracts will do this to...

  10. Legal Action for Past-due Invoice

    Answered almost 5 years ago.

    1. Alexander Duie Pyle Latta
    1 lawyer answer

    Yes, for many legal claims, there are time restrictions on how long you can wait before asserting a legal claim. This is referred to as a "statute of limitation", and the length varies depending on what kind of claim that you want to bring. It is very important to commence any legal action within the limitation period to avoid losing your legal rights. More detail about your situation is needed to say with certainty, but one period of limitation to consider in your situation might be...