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Michael J. Brooks

Michael Brooks’s Answers

659 total


  • Construction Business Partnership Agreement?

    Michael’s Answer

    Each of the partners (members or shareholders) should understand that as partners (members or shareholders) you have differing interests, if not potential or actual conflicts of interest. Consequently, a single firm cannot represent all of you individually, but can only represent the Company. However, to effectively prepare the documents, a firm will want to feel free to discuss with each partner (member or shareholder) any information or confidences obtained from any of you that relate in any way to the Operating Agreement (Shareholder Agreement or Partnership Agreement) or the company.

    Although you may each have differing interests, in amicable circumstances, the use of one attorney or firm to represent the Company can assist in developing a coordinated, overall plan, encourage the resolution of possible differing interests and, of course, produce cost savings and efficiencies.

    Although at this time there does not appear to be any difference of opinion between the partners (members or shareholders) with regard to the issues involved in an Operating Agreement (Shareholder Agreement or Partnership Agreement) if such differences of opinion arise or if for any reason any of you wish to have your individual attorney involved in the process, that individual's costs would increase by what their personal attorney charges them.

  • How much would it cost to remove someone off the deed to my house.

    Michael’s Answer

    It is your ex-spouse along with you who should seek to have a new deed drawn up wherein you and your ex spouse are the grantors and you and your children are the grantees. Both you and your ex spouse will sign the new deed and it must be notarized. The cost would run about 2 hours of legal drafting time and the recorder of deed fee.

  • LLC in New York, But Car registered Pennsylvania

    Michael’s Answer

    From your fact pattern (vehicle registered in PA, business performed in PA, you are apparently a PA resident) it appears you are asking the wrong question. The question is should the LLC be registered in PA or NY and the answer appears to be PA.

  • Can I open LLC in Pennsylvania as New York citizen and register vehicles on it?

    Michael’s Answer

    Yes, the LLC will need a registered office physically in Pennsylvania, but the member(s) do not have to be residents of Pennsylvania.

  • Do I have to form another LLC to work in PA?

    Michael’s Answer

    You may file as a foreign (formed in another state) LLC in Pennsylvania.

  • Can I sue pepboys?

    Michael’s Answer

    When they refunded you - provided you did not sign a release of liability, you have a claim against Pep Boys for any damage to your engine. If you have sustained damage, a suit should be brought under the Pennsylvania Consumer Protection statute, which provides for as much as triple damages and reimbursement of your attorney fees.

  • How can I get paid the full amount for work I did for an org that I was contracted with that’s now refusing to pay?

    Michael’s Answer

    If you provided additional work which was not covered under your written agreement, you may still be entitled to getting paid under a legal theory of quantum meruit instead of soley under a contract theory.

  • Can I sell my house with my deceased husband's name on the deed?

    Michael’s Answer

    As a matter of law the house automatically passed to you at your husband's demise without the need to file a new deed. So, yes you can, the new deed will note your husband's passing and name you as either the executor or administrator.

  • Is a power of attorney legal?

    Michael’s Answer

    There is a very specific way it must be done, there are two statutory notices which must be included and signed by the proper signatories.

  • How do I get my house deed out of my defunct corporation's name and into my name?

    Michael’s Answer

    You still proceed with the transfer as if the entity were active. The more important question is whether you can transfer without incurring a realty transfer fee - and the answer maybe you can if you owned an interest in the entity for at least 2 years and will own an interest in the property.