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Howard Eugene Bundy

Howard Bundy’s Answers

128 total


  • Can a franchisor introduce new fees during a term that are not reflected in the franchise agreement?

    Our franchisor listed the monthly fees that would be charged during our term in both the franchise agreement and the franchise disclosure document. There was no mention of the right to introduce new fees in either document, but at least 3 have be...

    Howard’s Answer

    Missouri has no franchise protection statute, so the answer will be determined from the documents. As I am sure you are aware, the documents are dense, complex and full of legal terminology. You need to identify an experience franchisee lawyer in your state and obtain a consultation. An important issue your lawyer will want to look at is what state's laws might apply and where any dispute resolution proceeding might have to take place. Good luck.

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  • I am a franchisee and have received the Demanding letter from franchisor, how do I response if I don't want to pay?

    The situation is the franchisor sent me a demanding letter threaten if I don't pay them for the outstanding rent they will seize my store and personal goods.The reason why I didn't pay them was because I don't believe I don't own them the same amo...

    Howard’s Answer

    We would need a lot more information before answering your question. Unfortunately, you are in a situation where you signed a franchise agreement that may be bad for you. You need to take your agreement and all of your facts and consult with an experienced franchise attorney--immediately. If you do not get qualified help very soon, you will lose your business. An experienced franchise attorney can guide you through this difficult areas of the law.

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  • Can i sue a goin postal franchise if they open another store less than two miles from my store location

    my store is at 9827 potranco road ste 103SAN ANTONIO TEXAS 78251 AND A NEW SHOPPING CENTER IS BEING BUILD LESS THAN TWO MILES IN THE SAME STREET WITH A BRAND NEW STORE OPENING SOON BUT I BOUGHT AN EXCISTING STORE THAT HAS BEEN IN BUSINESS SINCE 20...

    Howard’s Answer

    You have an urgent need to consult with a Texas franchise lawyer--especially one that regularly represents franchisees. The prior answer is correct that your starting place will by your franchise agreement and the FDD that you received. However, even though Texas does not have a specific franchise law, there are other laws that may help you. If you do not have a franchise lawyer in Texas, feel free to contact me offline and I will provide you with the names and contact information of at least a couple. You can reach me through my web site (see footer below).

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  • I need a Business attorney to separate from LLC. How do I separate from LLC when partner is not willing to agree.

    Need out of LLC agreement because partner that has 51% is unwilling to share info that is required in agreement e.g. Quickbooks/payroll, and other aspects of the business. I have been the sole person putting in money, and want out but the other pa...

    Howard’s Answer

    The others are correct that the starting place in analyzing your situation is the LLC Operating Agreement. From your brief description, it sounds like you believe your "partner" is not providing you with information about the business you are entitled to. If that is the case, you absolutely should not guaranty any further financing until you have at least consulted with experienced counsel. There may be a lot of tools in your toolbox--just don't let them float away by any further delay. Good luck.

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  • Is there any law in WA about what constitutes a valid loan agreement?

    In order for a document to constitute a loan in Washington State is there a requirement that consideration from both parties be specified?

    Howard’s Answer

    You can create a contract with a handshake--although I do not recommend it if it involves the payment of money. We need a lot more details to determine whether a particular contract is enforceable. You should take any documents you have to an experienced attorney and get them reviewed in light of all of the facts you can explain verbally. With all documents and an understanding of the context (at least from your point of view) an attorney may be able to advise you about whether the agreement is enforceable.

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  • Non-Competes in WA State- If your previous employer's company shuts down, does that make the non-compete void?

    The second part of my question is, in the state of WA, is 100 mile radius and 18 months a reasonable amount of time for a non-compete? What if I open an office in WA, but only work with clients outside of this state?

    Howard’s Answer

    Both of the previous answers got it right. I would only add that non-competes can be tricky. Your definition of "shut down" might be different from some else's. You need to take your employment agreement to an experienced attorney and review all of the facts with him or her. Upon close examination, your non-compete may or may not be enforceable under any circumstances--or you may be taking a risky step to "violate" it. An hour or so with an experienced attorney should help you sort it out and give you confidence in the decisions you make.

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  • Business Fraud - how do I seek restitution against a party who claims plausible deniability?

    A business partner informed me he paid a subcontractor and would like reimbursement. He gave me what-he-told-me-was-his account numbers to disperse the funds. I put $xx,xxx into this account and the subcontractor was never paid (which I JUST lea...

    Howard’s Answer

    Although I would need more details, including to review any written partnership agreement and the documents immediately in question, it sounds like you have a dispute with your partner. You need to consult with an attorney with experience in dealing with disputes between business owners to determine what your rights may be. If you were partners (or owners in certain other business arrangements) you have fiduciary duties to each other. You need to proceed carefuly but quickly and with the advice and assistance of experienced counsel.

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  • A woman wrote up a real estate contract with us, accepted money from us, said she was getting a reverse mort. to pay us back.

    We were ok with it until she decided to assualt me, told us to put our stuff in storage, basically kicking us out, we were sharing the house. I took her to court for assualt, the judge said it wasn't a valid contract. So we gave her a 21 day notic...

    Howard’s Answer

    It is way past time for you to consult with an experienced lawyer. One cannot possibly give you a meaningful answer without more facts. You need to take whatever documents you have and have a lawyer help you sort out what your rights and obligations are--and your options. No one should ever do a deal like this without consulting with a lawyer first and getting it done and documented right. You may or may not have a remedy because of the way you got into this situation--but you need to consult with a lawyer to begin to find out.

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  • Can someone extend your contract without you resigning it.

    We signed a contract for a home security system. It was a 39 month contract and we found out we need to cancel 30 days before the end of the contract. Are they legally allowed to make us be in contract for another year without us signing another c...

    Howard’s Answer

    The only way to truly answer your question would be to review the contract that you initially signed. Unfortunately, such automatic renewal clauses are common, so the answer might not be what you want to hear--but no one can really give you an answer until they have reviewed the contract. You might also want to get the contract reviewed to determine what the "penalty" is for early termination. If it is only a small amount, that might be less expensive than paying for an entire additional year. Good luck.

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  • I have a situation wherein my business partner, who is no longer a partner would not leave the premises.

    My business partner, which is a business entity has served me written notice to withdraw from the LLC, it was a partner in with me. I am now taking over as a surviving partner and have asked the departing partner to leave the premises, which it is...

    Howard’s Answer

    One would need a lot more details before providing an answer you could rely upon. You need to consult with an experienced small business attorney who will need to review your operating agreement, your founding documents, the lease and all of the facts surrounding the dissolution of your LLC. This is far too complex to go it alone--and you have a high risk of winding up in expensive litigation. Please consult with an attorney now.

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