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Alexander Duie Pyle Latta

Alexander Latta’s Answers

24 total

  • Can a seller back out if the buyer cant close?

    buyer was not able to close on time, the contract is expired, can the seller back out?

    Alexander’s Answer

    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.

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

    When I filed in Pa. I named the owner and the LLC. A judgement was awarded to me. Two seperate documents where sent to me one naming the company finding in my favor and one naming the owner finding in my favor. Now the LLC has filed bankruptcy. Is...

    Alexander’s Answer

    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.

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  • Breaking of a lease agreement

    A- woman and her husband decide to reunite. He lives in North Carolina and she needs to break her lease in order to reunit with her childrens father, for the sake of the children?

    Alexander’s 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.

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

    I owe two months for back association fees totaling $320. Can they sue me for attorney fees in small claims court.

    Alexander’s Answer

    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.

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  • 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

    i do cleaning services, for realtor, who wants a property ready for the market. i use to do an estimate before the job complete, we do have a verbal agreement, this owner this time send me a check only for the half of the amount after job done. I ...

    Alexander’s 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 the property shall be subject to a lien, to be perfected as herein provided, for the payment of all debts due by the owner to the contractor or by the contractor to any of his subcontractors for labor or materials furnished in the erection or construction, or the alteration or repair of the improvement, provided that the amount of the claim, other than amounts determined by apportionment under section 306(b) of this act, shall exceed five hundred dollars ($500)."

    Are your cleaning services accurately characterized as "erection", "construction", "alteration", or "repair"? Are they for over $500?

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  • Can I form an LLC and pay rent to myself?

    If I form an LLC as a sole owner, can I hold the deed for the porperty the LLC uses and pay rent to myself? Will this protect the land from being taken if there is a lawsuit claim against the LLC?

    Alexander’s Answer

    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 corporate formalities to avoid the "piercing of the corporate veil". There is no guarantee that the LLC will protect you from losing the land because of personal liability, but it's possible for it to help protect it.

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

    I recently purchased a house in the suburbs of Philadelphia in Bucks County. As a normal precautionary measure, I hired a home inspector to look at the house I was interested in prior to actually purchasing. Several minor things were noted on th...

    Alexander’s 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.

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

    I am going to contract with a company that wants me to incorporate. I am a sole proprietor right now. Someone told me they won't check and not to do it if I don't want to. I don't want to do the wrong thing. If they don't check, would they be ...

    Alexander’s Answer

    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 verify the party to the contract.

    I would have a frank conversation about why they want you to incorporate, to see if some compromise can be reached.

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  • Legal Action for Past-due Invoice

    Is there a time restriction where we can go after a past-due invoice? Using a collection agency did not help so I was thinking about taking legal action.

    Alexander’s 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 Pennsylvania's 4-year period of limitation for contract claims. You may have other claims that need to be brought in less than 4 years. I recommend contacting an attorney for help determining whether you still have a legal claim, and how to enforce it.

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  • We are involved with a ministry in Bangladesh, and would like to get donations here to help over there- what do we need?

    Do we need to have a 501c3 to give people a tax deduction reciept or can we use the name of the ministry in Bangladesh?

    Alexander’s Answer

    If you want your donors to have the possibility of a tax deduction for contributions, you should consider getting 501(c)(3) tax exemption for your organization in the U.S. In general terms, the steps could be as follows:

    1. Form a nonprofit corporation.
    2. Apply for 501(c)(3) tax exemption for the corporation.

    There are a variety of pitfalls in doing this yourself, so I recommend that you hire a nonprofit attorney in your state to form the corporation and apply for tax exemption. If you do things incorrectly at the incorporation stage, it can create trouble for your application for tax exemption. I usually find that the people who try to do it themselves end up spending more because they have to hire someone to undo inadvertent mistakes or omissions.

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