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Zachary Friedman
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Zachary Friedman’s Answers

51 total


  • Liabilities of tour guide operators

    Pub Crawl

    Zachary’s Answer

    If the company is properly organized and governed appropriately, there will not be much liability associated with it. The venues will accept the majority of the liability. While you can certainly do things like waivers and other releases to limit your liability, the best strategy is a properly organized company that is managed in compliance with laws to maintain the limited liability shield available to many different entities.

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  • Can a company break a 60 month equipment lease without penalty?

    An employee signed a 60 month lease (laser printer) with an equipment company without the owners consent. This employee is unauthorized to sign legal documents on behalf of the company or owner. What are the company's rights regarding this matte...

    Zachary’s Answer

    How do you know the employee is not authorized to sign the legal documents. The equipment company probably cannot enforce the lease against the employer if the employee truly was not authorized to sign for it, but may be able to enforce it against the employee personally. I would consult with an attorney review the lease terms as well as discuss the employee's relationship with the employer. One other matter to consider is whether the employee personally has any assets. Seeking a judgment against a single individual for a significant equipment lease may not be cost effective.

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  • In Colorado does Quit Claim deal transfer Mineral rights to Grantee?

    Owner-1 purchased a Property through Warranty Deed, Mineral & water rights for that property through QuitClaim deed. Later Owner-1 transferred title to Owner-2 through Quit Claim Deed. Minerals are not mentioned explicitly. Did Owner-2 obtain Mine...

    Zachary’s Answer

    Most likely, although without reviewing the documents specifically, it is impossible to answer this question conclusively. A quitclaim deed transfers the Owner 1's interest in the property, which most likely includes the mineral rights. Assuming that Owner 1 actually had the mineral rights with a clear title, they would have been transferred to Owner 2.

    Some quick information about Warranty Deeds, Special Warranty Deeds, and Quitclaim Deeds. The difference between them is simply the amount of protection you have as the buyer. A warranty deed is the strongest protection you can get as it is a guarantee from the seller that they have full, uncontested, and clean title to the property for the entire chain of ownership. It is likely your lender would require you to have a warranty deed in order to obtain financing.

    A special warranty deed is lesser protection and only warrants that the buyer has had good title to the property but is limited only to their ownership.

    A quitclaim deed provides the lowest level of protection and does not make any warranties as to the title.

    The fact that it is a quitclaim deed would not affect the transfer of mineral rights unless they are specifically mentioned. The only way it could become significant is if there were a problem with the title to the property.

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  • If you have a 2 year land lease agreement with another person. The person leasing dies before the time is up. What happens?

    The lease is for land in South Dakota.

    Zachary’s Answer

    The lease is likely to be terminated unless the lease provides for a new landlord to step in.

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  • Is it legal to create a fake invoice of another business?

    My boss is asking me to create a fake invoice of a vendor to show to one of our clients as some sort of proof of purchase. The purchase was made but the details are being manipulated to present a different picture. I've been specifically asked ...

    Zachary’s Answer

    This is an obviously fraudulent business practice. Depending on the nature of the contract between your employer and the client, your employer may be permitted to invoice for expenses actually incurred but clearly, manipulating the invoice so that there is a windfall in favor of your employer is illegal.

    If the invoice is for the actual amount and you're merely putting it on another companies letterhead, this is still fraud, however, not nearly as severe. Although the client may have a cause of action, they likely wouldn't have any damages if there was no manipulation of price. In this case, it is more a situation of poor business practices than a crime.

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  • Part of kitchen ceiling fell down after a flood in the upstairs apartment. LL was here 40 days ago and promised rapid repairs.

    Still no repairs to date. I didn't pay the 10/13 rent because there's still a 2' sq of kitchen ceiling not fixed. That piece of ceiling fell to my kitchen floor. Have had bad bug problems due to the hole there and the entire kitchen feels very ...

    Zachary’s Answer

    If the apartment is uninhabitable, which from your description it sounds like it is, you would not be liable for rent. An apartment is considered uninhabitable if it poses a risk to your health and safety and considering you are disabled, the living conditions do not sounds safe. However, I am curious if your landlord saw the damage, did he expect you to continue to live there? Did you raise issue with the condition of the roof? Another issue to consider is the impending eviction. I would contact an attorney to specifically review your case to give you conclusive answers to your legal questions as well as handle the possible eviction.

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  • Can I get 1500$ holding deposit back from a landlady that I did NOT sign a lease with? I signed nothing. Just had to back out.

    I looked at a commercial space to move my music company to and gave the landlady 1500$ to hold it on October 11th. We signed nothing. A week later I decided not to get it because my business partner backed out. Can I get the holding deposit back? ...

    Zachary’s Answer

    Without a lease in place it is unlikely she has a legal right to keep the deposit. She may try to argue there was an oral agreement and that would be valid if she incurred expenses trying to rearrange the property for your benefit such as lost rents when other tenants moved out, any construction, etc. Absent these facts, I would contact an attorney because you would have a right to a refund. Of course. the only way to know for certain is to retain an attorney who can review your case specifically.

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  • Landlord did not give 24 hour notice upon entering our office & is letting his other tenants use it although we pay rent?

    We have 1yr lease for two office rooms in a building. At 2mo into the lease our partner takes off & left us to pay the rent for his office room. So we did discuss with the landlord that we wanted to vacate that room only. They told us to keep pay...

    Zachary’s Answer

    Unlikely you can terminate the lease according to these facts. The landlord's breach is probably not material, nor have you provided notice or allowed for 15 days to remedy. If you are truly concerned, talk to an attorney about what options you have for keeping your landlord out of your space and possibly negotiating out of the lease if that's something you'd be interested in.

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  • Doesn't a reported environmental hazard in a rental have to be repaired before it is rerented or sold?

    Gave Slumlord written notice for repairs pursuant to Colorado Warranty of Habitability laws. He refused to fix the problem and abate the mold and has since had us evicted. Doesn't the law say that he has to correct that problem before renting or s...

    Zachary’s Answer

    Selling is an entirely different scenario than renting. However, it is up the tenant to make an issue of mold. If he evicted you and his next tenant does not make an issue of it, he probably will get away with it. You on the other hand, may have a claim against your landlord if you've suffered any physical injury from mold exposure.

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  • 20 years ago my husband started a small business, with me being the primary owner. How do I remove my name nowthat I'm disabled?

    20 years ago my husband started a small business corporation, with me being the primary owner. 10 years ago I became severely disabled and unable to work. What do I need to do to remove my name from the business and make sure that I am not liable ...

    Zachary’s Answer

    This is a very fact specific case and too much information is lacking in this question to give you any sort of conclusive answer. What type of entity was it? Are there any controlling documents such as bylaws or operating agreements? The letter of resignation may also be legally significant. You likely still own equity in the company that could potentially expose you to the liability you are asking about. I would consult with an attorney so they can review all the relevant documentation as well as ask further questions to dig deeper into the matter.

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