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William Bronchick

William Bronchick’s Answers

49 total

  • Do I need attorney to file specific performance action and record lis pendens?

    I have standard form Colorado residential purchase contract and seller refuses to close.

    William’s Answer

    • Selected as best answer

    The standard Colorado Real Estate Commission contract requires first that you go to mediation. So your first step is to demand mediation. If that doesn't resolve it you can sue, but you will have to file in District Court, which isn't like small claims - lots of rules that will require an attorney. As a matter of strategy, get the seller to admit in writing why he won't close (bait him in an email). That way, you can use it against him later.

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  • Landlord issues: Fraudulent invoices, illegal renting, hiding income for disability and IRS, etc.

    Basement apartment so I lived under him. No permit to rent and is not zoned for a double dwelling. He sent me two invoices from a fake LLC upon move out that never came up on the Colorado Secretary website. Address is non-existent and y...

    William’s Answer

    I don't see anything wrong the landlord did as far as YOUR rights, except possibly the security deposit. Demand it back in writing, and if he refuses, follow the procedures to get it back in small claims court. http://www.tenant.net/Other_Areas/Colorado/crs/103.html

    If his emails are over the line threatening and persistent, it may be illegal harassment, which could get him into trouble if you complain to the Police. But it sounds like he's just a nutty old man, so get your deposit back and move on. If he's not claiming the income or violating disability laws, that's not something you should bother with, because it doesn't inure to your benefit, it's only revenge.

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  • My neighbor built his fence 9" on my property. What is the best recourse to get them to move it?

    had a surveyor check the corner stakes last year to verify. discovered the Northeasterly corner stake is on other side of neighbors fence 9"

    William’s Answer

    Don't panic, Colorado law was recently changed to require a higher burden of proof for someone claiming adverse possession. The person claiming it (your neighbor) must have a good faith belief it was his property that he built the fence on. Give that notice asap in writing, certified mail, regular mail, and hand him a third copy! Include the survey in the letter as proof. That puts him on notice he's over the line and thus he would likely have no good faith basis to believe the land is his (unless, of course, he had a survey that challenged yours). Approach him nicely and ask him to move the fence. Or, if the land that he "grabbed" is not significant, offer to sell him the sliver of land for cash. However, be advised that your mortgage company may need to put their approval on this, because that sliver of land is part of their collateral for your mortgage (assuming you have one).

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  • Apartment Wants to charge us $600 carpet replacement for 1 room even though it was left in good condition.

    Lived their for 1 and half years. With two potty trained dogs. Had the carpet professionally cleaned and pet stained treated just to make sure it was spotless. This apartment building was recently taken over by new owners. The previous owners had ...

    William’s Answer

    Easiest route would be to go to small claims court and sue the landlord. Before that, I would ask the landlord to document in writing (including photos, invoices, labor, etc) the expense they incurred. This will flush out what kind of case they have before you try to sue them. You may also want to demand, in writing, that your security deposit be returned. Do it regular AND certified mail. That way, if they don't return the deposit timely (and the Judge in court rules in your favor), you may be entitled to treble (3x security deposit withheld) damages in court. The rule is a little technical, so you may want to read it: http://www.tenant.net/Other_Areas/Colorado/crs/103.html

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  • Can my sister quick deed my mothers home to her name and then sell it

    My mother has been paying her mortgage now my sister has quick claimed her home to her name and wants to sell my mothers house and put her in a nursing home

    William’s Answer

    You mean "quit claim" deed. Only the owner (your mom) can transfer ownership because she must sign the deed. It's possible your sister prepared the deed and stuck it under her nose for signature, which sounds like the case. If so, you should immediately hire an attorney to challenge the transaction. If your mother is incompetent or was lied to when (if) she signed the deed, you need to take action NOW before your Mom is gone and there's no proof. If your mom voluntarily signed the deed and gave it to your sister, you may be out of luck. At the very least, you should hire an attorney and pursue the issue.

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  • Is this real estate fraud, and do I need an attorney?

    I entered into a lease to own contract on 04 April 2014 , trading my house for a down payment . I've paid every month on time . The ...

    William’s Answer

    It isn't necessarily fraud if the seller disclosed that he wasn't the owner at the time of the agreement, but either way it would be a moot point if he can transfer title when you exercise the option. There is no "sale" on a rent to own agreement, so the notice to the assessor is not required (that is for an installment land contract, not a lease/option).

    As for the issue of lease violation and eviction, you'd need an attorney to review the paperwork. You should definitely hire a lawyer to review the documentation and give you advice.

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  • Does corporate book required by law in new york?

    if yes which law section is it! is it provided after forming corporation or i have to buy it my self?

    William’s Answer

    A corporate record book, or more accurately, what's in it, is crucial to your company's survival in an audit or lawsuit. Failure to keep minutes, have resolutions, issue stock, have By Laws, etc can be fatal to your cause.

    Corpkit and Blumberg sell cheap kits, or you can use a $5 binder from an office supply store, and it works just fine. Just make sure you have the necessary documents INSIDE..

    You can find software kits on the Internet that are adequate for corporate forms. Of course, when I say "adequate", its the BARE MINIMUM and will be very generic. If you have "partners" (other shareholders) or are raising capital, it gets tricky and you should have a lawyer draft the documents to make sure you are protected. Don't be pennywise and pound foolish when it comes to legal documents.

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  • I want to start a business selling what I love to make but I don't know what's better a sole or llc

    I'm a single mother I have a decent job and I put some money to the side im ready to open my own business selling what I love to make

    William’s Answer

    The three considerations for this decision are:

    1. Liability - an corporate entity can protect you from personal liability in many cases
    2. Taxes - filing as a corporate entity can save you some taxes if you use it properly
    3. Cost - what is the cost of filing and maintaining an entity

    You immediately assumed LLC, but your CPA may prefer a S corporation. Discuss that with your CPA. A single member (single owner) LLC is taxed the same as a sole proprietor, which is easier than filing a corporate return, but offers no benefits.

    Is there a risk to your customers or the general public from the products you make? Is liability a concern?

    What is the cost in your state to form a company and annual fees to the state (not to mention to a CPA to do your tax return, if one is required)?

    If you do a small amount of business and sell someone that couldn't possibly hurt someone (e.g., selling paintings), I don't see the need for an LLC or other corporate entity.

    However if your business will net (after expenses) $50k or more and/or sells things that could injure people (or has ANY employees), you may consider a corporate entity.

    Also, continuity is a concern. If you die, will your business live on and be inherited by your heirs without you? Will you think of selling your business someday? These are also considerations for forming a corporate entity.

    I would discuss this with a CPA and lawyer before deciding.

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  • Who should my Registered Agent be?

    In filing for an LLC or Corporation I see that I need to specify a registered agent. Some services say it's better to use them for reasons like privacy and reliability, but their reasoning almost seems like scare tactics. What is the best way to go?

    William’s Answer

    A registered office MUST be a physical address, not a PO Box. Some people use a UPS Store address to keep their home address off public records. This is a cheap, viable solution, but could backfire on you if someone tries to serve you at the UPS store, and cannot find you. You could end up with a court ordering service by publication, which you probably won't see, and end up with a default judgment against you (ask me how I know this!).

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  • I need to add two people to my operating agreement of my LLC to write checks, and sign contacts.

    do I redo the agreement and send a copy to the back for their records?

    William’s Answer

    You don't necessarily need to redo your entire operating agreement to add managers. Read it - it may allow you to add a manager by a simple resolution voted by the members. And, you don't necessarily have to call a formal meeting to pass a resolution; you can have every member sign a "unanimous consent in lieu of a meeting" form (assuming, of course, your operating agreement allows this). Further, your operating agreement may allow the Managers to appoint officers (Pres, Secretary, etc) to do some of their tasks, like being a signatory on a bank account.

    Finally, keep in mind that unless your operating agreement says otherwise, technically ANY employee of the LLC may be added as a signatory on the bank account, assuming the bank allows it. However, they usually require a copy of a resolution for anyone to be added on the account.

    If you don't understand any of this paperwork, it is highly advised you seek the advice of a lawyer to draft it. It shouldn't cost you an arm and a leg for this documentation.

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