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Mark S Britton

Mark Britton’s Answers

136 total


  • Domestic property dispute

    I bought a car and my mother co-signed the loan the car began having transmission problem and i couldn't make it to work so i lost my job and had some trouble paying my car payment to my mom she informed me one day that she had paid the car comple...

    Mark’s Answer

    Without a written agreement, your Mother would have a tough time *successfully* suing you. She can still sue you though, which will cost you time and money. Dependign on the facts, she may also have a right to collect the car. If you need the car and wish to preserve a relationship with your Mother, I suggest that you talk to her to figure out a payment schedule. Taking a family matter to court makes little sense for anyone.

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  • Banking

    We owned a home for over 20 years. For all of these 20 years we had a mortgage with a local Savings & Loan Bank. We had a fire in our home and while doing repairs we found that our walls had mold growing in them. Our kids had not been feeling we...

    Mark’s Answer

    This is a customer service issue, rather than a legal one. A creative attorney might be able to come up with a way that your rights were violated, but the suit wouldn't be worth your time or money. Even though banks are highly regulated, they are a business like any other business. They survive by keeping their customer's happy. If this bank makes all of their customers as unhappy as they made you, they will soon be out of business. In the meantime, you may consider writing a complaint letter to the President of the S&L. That might help change the loan officer's behavior.

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  • Gift Tax and Guft amount

    Gabriel you state that a person can give a maximum of $12,000 per year to another person, yet later you state " if you give more than $12,000 to any one person, then you file a gift tax return but you don't pay anything" CAN you give a gift of mor...

    Mark’s Answer

    See the "Gift Tax" section of this site: http://www.taxguru.org/estate/706.htm

    It answers each of your questions.

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  • Out from under timeshare

    We've paid off timeshare property but can no longer afford the yearly maintance fees. How can we get out of this nightmare!?

    Mark’s Answer

    Unfornutely, you own the timeshare interest. It is similar to asking how to get out of a house that you bought. Assuming that the timeshare contract is valid, it is a binding contract and getting out of it almost impossible. It is possible that a savvy lawyer could help you get out of your contract, but that would be a lengthy and expensive process. I would put the same effort into selling the interest. To save on agency costs, you should try to sell it on your own through ebay.

    Also, if your timeshare contract allows, you could also rent it; but there is a lot of adminstration in that and it is not guaranteed to cover your expenses.

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  • Non compete clause

    I signed a no compete clause when a i bought 5% of a chirpractic office. I want to get out can i? Also the doc I work for or with is changing our practice and bringing in a medical doc. I am not part of the this corp. and the old corp still exists...

    Mark’s Answer

    Thanks for using Avvo. I am Mark Britton, the CEO at Avvo. I am also a lawyer. Bc we are receiving so many questions right now, it may take longer for some of our loyal Avvo lawyers to get back to you. In the meantime, I wanted to offer some preliminary help. Please keep in mind that I am not a CA lawyer, and to get a definitive answer on this you should consult a top Avvo-rated lawyer in your area.

    Workplace non-competes are not generally enforceable in CA. However, non-competes in the sale of a business are generally enforceable. So . . . you probably cannot get out of the first non-compete, and you probably cannot enforce the second non-compete. Still, there are a lot of facts that a lawyer would need to understand about both of these agreements to give you a true assessment of your chances for winning in either case.

    Here is an article about the workplace non-competes:

    http://lawprofessors.typepad.com/contractsprof_blog/2006/09/employee_noncom.html

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  • Business law

    a co-op art gallery-wants to sell $5.00 tickets to customers to be eligible for a drawing of gift box worth $500. is this legal? .........................................................

    Mark’s Answer

    Thanks for using Avvo. I am Mark Britton and I am the CEO at Avvo. I am also a lawyer. Bc we are not in NM yet, you may not get a response from one of our loyal Avvo lawyers. Still, I wanted to offer some help. Please keep in mind that I am not a NM lawyer, and to get a definitive answer on this you should consult a lawyer in your area.

    In short, I don't think your co-op can do it. According to the NM website below, you need to be one of the following NON-PROFITS:

    A. chartered branch of a lodge or a chapter of a national or state civic or service organization;
    B. religious organization;
    C. charitable organization granted federal income tax exemption as a 501(c) organization under the Internal Revenue Code;
    D. environmental organization;
    E. fraternal organization;
    F. educational organization;
    G. veteran’s organization;
    H. voluntary fireman’s organization; or
    I. labor organization.

    http://www.nmgcb.org/info/gambling_overview/gambling_review.htm

    p.s. You must have hit the return button a couple of times. :-)

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  • Question about forming a business involving homemade skin products

    I am considering starting my own business. It would involve selling handmade toiletries. Primarily soap (cold process, the old fashioned lye + oil) and perhaps shampoo / conditioner, body scrub, etc. There is a concern with labeling and allerg...

    Mark’s Answer

    Thanks for using Avvo. I am Mark Britton, the CEO at Avvo. I am also a lawyer. Bc we are receiving so many questions right now, it may take longer for some of our loyal Avvo lawyers to get back to you. In the meantime, I wanted to offer some preliminary help. Please keep in mind that I am not a MN lawyer, and to get a definitive answer on this you should consult a top Avvo-rated lawyer in your area.

    In general, the purpose of the limited liability entity, like an LLC, is to protect your personal assets from your business liabilities (including litigation). So, in theory, you would not need insurance. In reality, however, most everyone you do business with will require some proof of insurance (wholesalers, tradeshows, etc.). I suggest setting up an LLC AND getting the insurance. Imagine if you were making some money and someone sued you and wiped out all of your hard work. Would the insurance savings be worth it?

    One word of caution regarding this small, home-based business. Make sure that you keep your company assets, books, etc. separate from those of your personal life. If they become too co-mingled, a plaintiff may attempt to go after your personal assets, arguing that the corporation is simply a sham.

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  • PERSONAL & BUSINESS CREDIT CO-MINGLES

    I HAVE CO-MINGLED MY PERSONAL AND BUSINESS CREDIT TO START & MAINTAIN THIS BUSINESS - I MIGHT NEED TO FILE FOR BANKRUPTCY - ON MY BUSINESS - CAN I FILE FOR BOTH?

    Mark’s Answer

    Your question is a bit unclear. If your business debts have exhausted your business and personal assets, then you may file for both. If you have exhausted your personal assets, but your business is otherwise healthy, you may not file for both.

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  • How to end a 5 year business lease?

    In September 2006, I purchased an 18 year old retail gift business in an excellent location (downtown by the water). I signed a 5 year lease for the retail space, with $200 to $400 monthly rent increases each year. When I signed the lease, the str...

    Mark’s Answer

    Thanks for using Avvo. I am Mark Britton, the CEO at Avvo. I am also a lawyer. Bc we are receiving so many questions right now, it may take longer for some of our loyal Avvo lawyers to get back to you. In the meantime, I wanted to offer some preliminary help. Please keep in mind that I am not a FL lawyer, and to get a definitive answer on this you should consult a top Avvo-rated lawyer in your area.

    From these facts, it will be hard to get out of your lease bc the landlord has not acted in any way to diminish the value of the lease. Still, there are a lot of creative landlord/tenant lawyers out there that may be able to review your lease and find you a way out.

    Here is a link to the top Avvo-rated landlord/tenant lawyers in your area that could help you. I would contact 3-5 of them and I am confident that one of them can help you.

    http://www.avvo.com/search/lawyer_search?q=landlord&loc=tampa%2C+FL

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  • Debt/marriage

    i have a few bad marks on my credit, if my fiance` & i get married does that mean she is also marrying my previous debts? would anyone be able to go after her house to compensate my debts?

    Mark’s Answer

    Here is a great article that answers your question better than I could.

    http://www.360financialliteracy.org/Life+Stages/Couples+and+Marriage/FAQs/Credit+and+Debt/Im+marrying+someone+with+bad+credit.++How+will+this+affect+me.htm

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