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Mark Steven Cohen

Mark Cohen’s Answers

21 total

  • Are the terms of a rental house lease still good after the lease is up and the tennant remains in the property?

    I signed the lease in 12/09 and moved out in 5/12. The real estate agent says they will not return my deposit because I did not give a proper 30 day notice. I gave notice on April 2 that I would be leaving May 3. They said under the terms of my le...

    Mark’s Answer

    Most leases contain a clause that states if the tenant holds over after expiration of the lease then all the terms of the lease remain in effect.

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  • What to look for in an equity-sharing contract lawyer?

    I'm currently in pursuit of a contract lawyer in Colorado to review a contract that will be drafted up by another lawyer. The contract revolves around a party joining into a company, gaining equity in trade for services. I need someone to review i...

    Mark’s Answer

    The most important thing is to be specific in defining what services the new party will provide and exactly what he/she/it gets in return.

    You also want to address how any disputes will be resolved, e.g., litigation, mediation, arbitration, and the venue where any disputes will be resolved.

    Consider noncompete and confidentiality agreements. Consider issues that will or may arise if this party later wants to sell. Will the company have a chance to purchase his share?

    I charge $265 per hour for this. You can learn more about us at www.cohenslaw.com

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  • Financial Advisor changes documents AFTER I have signed them.

    My Financial Advisor sends me docs and forms to sign. On several occasions I have noticed that he has changed some of the info AFTER I have signed it. I know this is unethical and maybe illegal, but Is there a form I could get him to sign saying...

    Mark’s Answer

    I am not aware of any such form. If what you say is true, this person may have committed a crime and you should consider calling the police. You may also have civil claims against this person for fraud, breach of contract, and breach of fiduciary duty.

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  • What is the best option for a start up cake decorating business to be registered as? LLC/Sole Prop./Company?

    I am starting up a cake decorating business and I would like to know what the best option is to register my business under? I will be working with my husband and I most likely start from my home. Thanks!

    Mark’s Answer

    It costs little to create an LLC, and while it is not foolproof, it does offer some protection from liability. You need to decide whether you will be the sole member of the LLC or whether your husband will also be a member. You need to consider insurance issues. If you are working from home, you should also consult a tax advisor re possible tax savings. If you will have a website, you should have an attorney review that. It would also be a good idea to have a simple contract that your customers could sign on paper or online.

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  • Can we enforce written email for the sale of real estate?

    - I have a written email from the asset manager of the bank who accepted my offer on 3 homes. Apparently, after that, they accepted other higher offers and will noit proceed with my accepted offers. How can I enforce my right to purchase these ho...

    Mark’s Answer

    You may have entered into a binding contract because of an exchange of emails. A critical question would be whether you took an action in reliance upon the promises of the other party, and whether you are now in a less favorable position than you would have been but for the promises or representations of the other party. You need to share the emails with a qualified attorney, and provide the attorney with the complete history of events, to determine your rights.

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  • Does the spouse of a sole shareholder have to sign the non-compete agreement in an asset sale?

    My spouse is the sole shareholder of a corporation, who will be selling substantially all of its assets to another company. The Letter of Intent specifically states that my spouse is the one entering into this agreement, which also lists a Non-Co...

    Mark’s Answer

    The non-shareholder spouse does not have to sign it, it is completely negotiable. However, if this is important to the buyer, the buyer may decide not to do the deal unless you also sign the noncompete.

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  • Is this legal?

    I have a business that has independent contractors. I have an IC that is trying to contact my client directly for money they owe to me and her both. I pay her each time I get a check from a client, but she is now threatening to contact more of m...

    Mark’s Answer

    To prevent this in the future you should have a written independent contractor agreement that specifically prohibits your independent contractor from doing this.

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  • I recently moved to Colorado from New England .I need to file a quit claim deed and don't know where to do this.

    My husband came alone to sign on the house and now we need to register the deed that we had notarized.

    Mark’s Answer

    You file a quitclaim deed with the Clerk and Recorder of the County in which the property is located.

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  • "It is not the intention of the said undersigned to dedicate the use of said easement for the use of the public."

    In 03 the developers granted an easement to my current neighbors. I've been here since 05. In 07 when they moved in they immediately began widening the easement, grading it and maintaining it, as they own an excavation bus. I didn't know how to ar...

    Mark’s Answer

    I'm not sure any qualified attorney can give you a complete answer based just in the information you have provided. What I can say is this: if you have not been driving through the private land for 18 years, you do not have an easement by adverse possession. Also, if you have other ingress and egress to your property you will have a tough time getting a court to grant an easement by necessity.

    To say more than that I would want to see relevant documents and speak with you. Obviously, you can use any property if the property owner grants you permission.

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  • We are minority partners in a retail store. Majority owner has changed the locks 2 times. Can we call the police/criminal chgs?

    We are 34% owners, she is 64%. She has Cancelled our business credit cards, changed the locks on the stores 2X and has recently opened anoher bank acct that we are not signers on. We are trying to procedure with a buyout offer, but of course we r...

    Mark’s Answer

    You can certainly make the report, but in most of thse situations the law enforcement people will just tell you it is a civil matter. Depending on what representations she made to you, you may be able to characterize it as criminal fraud.

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