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Glenn M. Lyon

Glenn Lyon’s Answers

1,083 total


  • Can this apartment complex legally charge me for something they forgot to add into the lease after its already signed?

    I have recently entered into a lease with an apartment complex. I will give a little back story. I signed a lease for apartment 1, we shall say. They day of move in they tell me apartment has roaches so we cant move into it, but can move into a di...

    Glenn’s Answer

    With a few exceptions I don't see in your posting, the situation will be controlled by the terms of the lease agreement in place. No, you do not have the right to terminate the lease based on the multiple leases. But they can only properly charge you a fee that is set forth in the lease.

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  • I started my own company while working for the competition. The busines is growing so i quit. They sent a cease and desit ?

    Saying i have to close my company?

    Glenn’s Answer

    If your question is whether you have to close your business it depends on the facts of the situation. Take the letter to your business attorney to review and discuss the relevant facts. You will not get an answer from a general Q&A website.

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  • Entered into Distributor Agreement with an LLC based in Missouri with a $20K deposit refundable. Distributor not refunding $.

    I entered into a Distributor Agreement with a company based in Missouri (LLC) with a $20K deposit. This was initially for inventory and refundable per contract if no significant sale occurs in 12 months. We will be at the 12 month mark next mont...

    Glenn’s Answer

    Unless the agreement dictates otherwise (and such provision(s) are enforceable), you likely would have to sue them in Missouri. Have a local attorney review the agreement and advise as to where and whether to sue can be complicated. Plus, often a well written demand can get results die relatively low cost.

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  • Can we develop a product similar to the one that we were hired to develop for a firm ?

    My company was hired to develop software for a product for a firm. We had signed an NDA. Since the end of our contract, we have been able to develop a similar product that includes mechanical, electrical and other design aspects on our own. Can we...

    Glenn’s Answer

    It really depends on the terms of the non-disclosure agreement and whatever other agreement you signed with the client. Have a good business attorney review the agreement(s) and advise.

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  • Software business needs to put together an engagement letter. Should we? Could we? How do we?

    We're a software consulting startup. Recently, a potential client approached us with an offer to let us give them advices on migrating their system to a more modern technology and asked us to write them an engagement letter. What do we have to do ...

    Glenn’s Answer

    They are asking for either a service agreement or a proposal. If they want an actual service agreement, it needs to contain all terms that you need to be protected legally. If it is a proposal, it is less important, but it is usually worthwhile to include your standard terms and conditions so they can see them in advance.

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  • Hi there, I would like to know how to bring employees from out of country for a small business.

    I have a small business in Greater Atlanta area, specialized in retail at different shopping malls. I have employees but for this new job, I'm going to need to bring my brother for him to help me. I would need to use his knowledge of fixing iPhone...

    Glenn’s Answer

    Although you do need to retain a good business attorney, your posting is more of an immigration issue. You can use the website's search feature to find both. Good luck.

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  • Do I need a breech of contract lawyer?

    I'm asking on behalf of my boss who is a physician/scientist at Emory University. The university is claiming he is in breech of his contract because he didn't properly disclose his side company. However, he did disclose it and though he was workin...

    Glenn’s Answer

    It depends on the terms of his agreement with Emory. Have an attorney review and advise accordingly.

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  • Can I be sued by a company that filed a law suit while they were (and still are) administratively dissolved?

    I Peremptory Calendar for next month from a company that was my homeowners association. They are represented by attorneys, however, reviewing the GA SOS, the company filed the suit 3/2012 and were administratively dissolved on 04/2011. How is are ...

    Glenn’s Answer

    Yes, but they have the right to be reinstated, which, if they do it, will be retroactive to the date of administrative dissolution.

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  • What type of business licenses do I need in Georgia for an Internet only website that doesn't sell physical goods?

    Business start up

    Glenn’s Answer

    At a minimum you will need a business license from either the city or county depending on whether you live in city limits or not. Any additional requirements depend on what you are selling. Retain a good local business attorney to assist you.

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  • LLC or S Corp

    I'm start a restaurant business and I already register LLC. I heard from my friend that LLC will have to pay more tax is that true? I'm looking into s corp. what's the different and what is better for single owner small business? If I decide s cor...

    Glenn’s Answer

    "S-corp" is simply a tax election and not an entity type. As such, an LLC may elect to be taxed as a Subchapter S corporation. The difference is whether all profit is treated as a distribution and hence subject to self-employment tax (partnership tax status) or if some profit is treated as a salary and some as a dividend (S-corp tax status). The dividend portion is not subject to self-employment tax, which is where the potential tax savings is.

    The general rule is that you will need to be making enough profit to first get past the requirement that a reasonable salary first be paid and then dividends may be paid out. You will also have increased administrative and tax costs as the company will have to use payroll and file a corporate return.

    Talk to your tax advisor to see if/when this makes sense.

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