Brett Thomas Sullivan’s Answers

Brett Thomas Sullivan

Spokane Business Attorney.

Contributor Level 8
  1. I have two investment rental properties in Seattle. Should I put them in separate LLC's or will one LLC for both be ok.

    Answered over 1 year ago.

    1. Brett Thomas Sullivan
    2. Collin Roberts
    3. Michael Leo Potter
    4. John L Comstock
    5. Douglass S Lodmell
    5 lawyer answers

    I generally agree with Mr. Roberts. However, you should also consider the nature of any liability created by the operation of the investment rentals versus the cost to create the separate LLC and the cost for tax return preparation, annual LLC renewal fees, and any other such costs that would be incurred with a separate LLC. I find for some of my clients that holding real property, especially rental properties, in separate special purpose entities (e.g., LLCs) encourages appropriate separate...

    12 lawyers agreed with this answer

  2. Trying to figure out what type of lawyer we need. (See details)

    Answered 8 months ago.

    1. Brett Thomas Sullivan
    2. William Douglas Bradbury
    3. Keil A Larsen
    4. Niloufar Ahdi Park
    5. Ross Dayne Gardner
    6. ···
    6 lawyer answers

    You will want to consult with an attorney experienced in business formation, contract drafting and the giving of general business advice and counsel. Additionally, I recommend you consult with a lawyer who is experienced in small business representation. Thank you.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Does someone duly licensed as a real estate broker in Washington and as an attorney have a duty to disclose the fact that...

    Answered over 1 year ago.

    1. Brett Thomas Sullivan
    2. Michael Duane Daudt
    3. John L Comstock
    4. Michael T Millar
    5. Douglas S. Tingvall
    5 lawyer answers

    I am not aware of a specific duty or other legal obligation to disclose such a fact. However, the broker/attorney certainly may want to consider giving a written disclosure to the potential customer prior to being employed as a real estate broker to the effect that the broker is acting solely in the capacity of a licensed real estate broker and not in any capacity as a lawyer for the customer. I would recommend that the customer review, sign and date this disclosure prior to signing a listing...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. My friend & I want to purchase a tanning salon. She will be GM and I will oversee finances/contracts/taxes. Best LLC % split?

    Answered 8 months ago.

    1. Brett Thomas Sullivan
    2. Collin Roberts
    3. Shawn B Alexander
    4. Niloufar Ahdi Park
    4 lawyer answers

    You don't mention in your question as to the amount of startup or initial capital will be required (whether from equity contributions, from loans from the initial members or from an outside lender, such as a bank). If the startup capital is generated from an outside lender, then third party guarantees will be required (such as from yourself and your friend, and perhaps from another party depending upon the lender's underwriting). The amount of startup capital and its source will be a...

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  5. If I file a quit claim deed, what do I need to do to get out of the mortgage responsibility?

    Answered over 1 year ago.

    1. Brett Thomas Sullivan
    2. Elizabeth Rankin Powell
    2 lawyer answers

    The only way that you can be relieved of liability on a residential promissory note, secured by a mortgage or deed of trust, is for the lender to modify the note and deed of trust to remove you. If there is a second mortgage or deed of trust, then that second priority lender will need to 'subordinate' their mortgage or deed of trust to the modified first priority loan and deed of trust. The recording of a quit claim deed simply conveys your interest in the home, but does nothing to relieve you...

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  6. If i owned my home prior to marraige and we used joint funds for the mortgage payments, is it still my home. I live in washingt

    Answered over 1 year ago.

    1. Brett Thomas Sullivan
    2. Shawn B Alexander
    2 lawyer answers

    I don't see any facts in your question to indicate that you have been or would be deprived of title in your residence. I assume that you have not signed any sort of deed or other conveyance of an interest in your home. Your spouse has a community property interest in your home to the extent that community property was used to pay mortgage payments (the joint funds used for mortgage payments indicates that these funds were generated from income after marriage and are presumed to be community...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. What stipulations can be included in a partnership agreement?

    Answered 8 months ago.

    1. Brett Thomas Sullivan
    2. Niloufar Ahdi Park
    3. Alan James Brinkmeier
    4. Pearlette Vivian Toussant
    4 lawyer answers

    Although you ask about specific precautions concerning two certain areas, your question raise a number of issues that will need to be addressed by an attorney experienced with business operations, entity formation and management and employee issues. I see, at the outset, the following issues: 1. Ownership structure and management issues (for example, if you are owning this business through an entity, such as a limited liability company, I recommend that an operating agreement be executed by...

    6 lawyers agreed with this answer

  8. I gave a company a lead for a customer and helped the company close a deal. The company has now refused to pay me for my time.

    Answered over 1 year ago.

    1. Brett Thomas Sullivan
    2. Dave Hawkins
    3. Jason John Cruz
    3 lawyer answers

    Did you have an agreement with the company for compensation? To be enforceable, there must have been a "meeting of the minds" that you would be compensated for bringing a lead to the company and for helping to close the sale. If you believe that you and the company had an agreement, then you could ultimately pursue a lawsuit for breach of contract.

    6 lawyers agreed with this answer

  9. Do I need a professionally crafted liability release or can I use 'standard' language?

    Answered over 1 year ago.

    1. Brett Thomas Sullivan
    2. Spencer A'Lee Wildig Stromberg
    3. Michael T Millar
    3 lawyer answers

    I would recommend that you have an attorney either review and revise a standard form that you may find in an office supply store or one that you find on the Internet or draft one for you. Liability releases and waivers of liability are more effective from an enforcement standpoint if they are customized for the unique circumstances of a particular business, and take into account any special or unique risks that may be encountered by the customer or client. Since you will be reusing such a form...

    6 lawyers agreed with this answer

  10. I am in a very complicated divorce & my husband filed bankruptcies. There is an adversary case against me to sell our properties

    Answered over 1 year ago.

    1. Brett Thomas Sullivan
    2. Karen Jackson Porter
    3. E Dwight Taylor
    4. Michael Avanesian
    5. Richard Edmund Hawkins
    5 lawyer answers

    Unfortunately, I do not believe that it is possible in this particular forum for an attorney to provide you with an opinion regarding the outcome. A motion by a creditor to seek dismissal of a bankruptcy filing for bad faith (as well as a counter-motion for sanctions) requires intense review and analysis of the facts and the law applicable in your circuit. If you are concerned about the advice that you are receiving from your present firm, then you will need to seek a second opinion as soon as...

    7 lawyers agreed with this answer