Archived
We're franchisees - Franchise used to be in the top 50 listed in 2013-14. Franchisees are defecting left and right.. Want out.
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Answered on November 15, 2015
This is not the first I have heard about this franchise from disgruntled franchisees. What I would do as a franchise attorney is will look to see...
I've paid from personal account as a loan to my sole proprietor business for expenses. Can the business deduct expenses in 2015?
Janet's answer
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Answered on November 14, 2015
The business deducts the expenses when they are incurred; it doesn't matter that the money came from a loan or when the loan is repaid. Make sure...
Archived
If we did not recieve an FDD 2 weeks prior to transfer of ownership, can we nullify the contract?
Janet's answer
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Answered on November 13, 2015
when you say transfer of ownership, does that mean you purchased an existing franchise business from a prior franchisee owner? If so, there may not...
Indemnification in a franchise agreement, is it fair for a franchisor to select its own counsel and have us pay for it?
Janet's answer
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Answered on November 12, 2015
As a Franchise attorney for almost 3 decades I must say this is quite the interesting provision you are pin pointing of concern. The concern is...
Does sweat equity work the same way in a LLC and S corporation?
Janet's answer
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Answered on November 11, 2015
In addition to my colleagues' detailed answers you really need to go over this with your CPA, much of it has tax implications.I changed the...
Archived
Can I break a lease if a clause allows for written notice?
Janet's answer
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Answered on November 10, 2015
It would appear from the 30 day notice clause that yes you may give 30 days notice of termination. However, I suggest you have an attorney review...
Archived
Need help with Association who is trying to foreclose on our property
Janet's answer
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Answered on November 09, 2015
You definitely need an attorney to review the documents and obtain more facts and negotiate with the HOA attorney, ultimately. There are defenses...
Archived
I am considering the purchase of a biz and they require an "earnest money deposit" - it seems this is a non-refundable in CA?
Janet's answer
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Answered on November 09, 2015
This is totally negotiable between buyer and seller. I would not advice a non-refundable deposit as a buyer. You really should have an attorney...
Archived
Can I pass a house with a big lien on it to my stepson or will the lien have to be paid first?
Janet's answer
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Answered on November 08, 2015
You can transfer, Will or leave via Trust any real property to anyone, with liens; the transferee takes the property subject to all liens and will...
Archived
Trying to assume dead father's mortgage. Will states to be decided between brother & I but he's on the lam. What can I do?
Janet's answer
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Answered on November 08, 2015
THe executor does not need your brother to sign a deed over to you both. The lender would need your brother to sign on the loan papers if that is...
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