Sean M. Sweeney's Answers

Is a verbal agreement enforceable in Wisconsin

That is a tough situation to be in. Wisconsin has adopted the statute of frauds which basically states that all contracts for more than one year, or dealing with real property, must be in writing. Your verbal contract violates the statute of frauds both ways. There needs to be a few more facts, and there may be items in writing that you didn't think of that could satisfy the statute of frauds, and then the oral agreement could be used as parole evidence to clarify the details of the transaction....

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Rental broker business

I think it depends on what the Landlords would agree to. If you are not going to be responsible for screening or lease signing then I would think that Landlords would hesitate to sign a WB-37 giving you exclusive listing rights for their rental property. I foresee a number of problems with this scenario that you may have to get worked out. If you have an agreement with the Landlords, you would certainly have to disclose this to your clients. Unless you get referral agreements signed with...

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WI state contract laws, breach of contract

David got it 100% right. I read it because I was interested in the answer given, and it is right on point. Good luck,

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LLC

I think the other answers touched on the right issues. If you have properly set up and maintained your LLC you should not have any worries, as the point of an LLC is to limit your liability. However, you have to make sure that anyone you deal with is aware that you are an LLC, and that they cannot sue you personally, or else they may be able to "pierce the corporate veil" and come after your personal assets. Other things to keep in mind are whether you have personally signed on to any contracts...

If a homeowner signs a contract, gives a deposit, has a date to start the work, do i have to refund the deposit

That really depends on a lot of things. First of all, what does the contract the homeowner signed say? Does it make it clear deposits are non-refundable? If it is not cut and dry in the contract, consider the following things: 1. Is it worth it to annoy this customer and keep their money if you performed no work? A bad complaint has a much better chance of spreading around then good comments. 2. Is it equitable to keep the money? Did you already purchase custom items that cannot be...

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Is it proper personal jurisdiction for my partners of FL LLC to sue me in state of TN

This is an issue of personal jurisdiction. A big part of the standard is whether it offends "traditional notion of fair play and substantial justice". It really depends on the nature of the suit and how the LLC is set up. If they are suing you personally, they almost certainly have personal jurisdiction because you have at least minimum contacts in Tennessee (you live there) . Where is the registered agents office for the LLC? You will certainly need to a file an answer to the complaint,...

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Indiana business law, state and federal tax liability on a closed business, personal liability for back taxes

Like many things it depends. Any taxes owed though is a very serious thing and you should be proactive about it and hire a local attorney to help you out. I have been told that the Trust Account taxes (medicare, social security) etc.. never go away and cannot be discharged- so you are liable for them. As for the rest of it, you need to speak with someone who can look at your business structure and your tax returns and determine what your liability is and what you can do about it. Good luck,

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CA contract law, service/vendor contract, business was purchased by another company is my contract still valid

This is going to be one of those answers no one likes- it depends. It is really going to be 100% dependent on what the contract says regarding assignment of the contract. If there is no language then you look to your state law. The general common law rule favors assigment, in that if there is no provision prohibiting it, it is usually allowed to be assigned to a the new owner of the company. Take a look at your contract and see if there is any assignment language present- if not, maybe...

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Judgement sought on personal guarantee for stock purchase

I don't know about Florida, but in Wisconsin you can serve via publication if you have made reasonable efforts to serve the person otherwise. Basically you just publish the service in a few newspapers in the area. If you do not show, they can get a default judgment against you. You may be able to get the default re-opened, and if you do not live in the state they may have a tough time enforcing the judgment anyway, but it is something to keep in mind. Probably contact local Florida counsel...

Warranty Bill of Sale

I don't know Missouri Law, but in Wisconsin you need to have some kind of Deed signed over, probably a Warranty Deed, and then get a Title Insurance policy. For less than $1,000 and probably less than that you can get someone to not only do a full title search, but also insure the property against any liens that may show up later, so if there is an issue, they will take care of it. If you do not do this, you are leaving yourself wide-open. While you may be trying to get this on the cheap,...