Archived
Can 3 owners of an operating a C corp call a de facto partnership b/c they didn't operate as a C Corp correctly?
Cathleen's answer
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Answered on February 26, 2020
(1) A corporation cannot "decide" to operate as a partnership without proper procedure. That being said, corporate documents would have to be...
We have drywall termites and outside termite can we sue our builder? This is a brand new home only one year old.
Cathleen's answer
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Answered on February 20, 2020
Interesting question! To make the builder responsible it would have to be a construction defect. Not knowing all about termites, this leaves us...
Archived
How can a buyer buy a corporations assets and get the corporation without the liabilities?
Cathleen's answer
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Answered on February 20, 2020
Business sales often are done either by buying shares (i.e. buying the corporation itself) or an asset purchase (i.e. buying the "stuff" out of the...
Archived
CAN I sue my former employer for misleading me into a license-franchise deal?
Cathleen's answer
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Answered on January 29, 2020
This is a complex situation that can't be analyzed based on the limited information presented. There is a potential for a fraud lawsuit but there...
Can I have multiple businesses if I am a sole proprietorship?
Cathleen's answer
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Answered on January 29, 2020
You could just file DBAs which is inexpensive and easy, but the real question(s) underlying your question are the "whys" behind the multiple...
Archived
Can I get out of a timeshare?
Cathleen's answer
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Answered on September 27, 2009
If the contract was entered into based on false information regarding a material fact, you have a case for fraud in the inducement. I am in Fresno...
Archived
Military spouse who would like to incorporate small business.
Cathleen's answer
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Answered on August 15, 2009
(1) As you live in California and will operate the business from California, you are subject to California taxes. It may be simpler to form the...
Archived
Is there case law that prevents a buyer from being in two open escrows at the same time?
Cathleen's answer
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Answered on July 29, 2009
Not necessarily. Lets take this out of the real estate world for a minute. If Buyer enters into a contract with SellerA to purchase widgets at...
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