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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 41221
Experience:  Run my own successful business/contract law practice.
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i am a ca licensed broker. I want to affiliate with another

Customer Question

i am a ca licensed broker. I want to affiliate with another broker, who does not want to share any liablity. can we share a dba and have no cross liability? If so, must we file for the dba together or can one of us have dba and the other just "lease" it.
Submitted: 7 years ago.
Category: Business Law
Expert:  INFOLAWYER replied 7 years ago.
You dont want to form a partnership or a corporation?
Customer: replied 7 years ago.

not if we don't have to.

 

Expert:  INFOLAWYER replied 7 years ago.
You can simply work independently then and simply have a referal/fee sharing arrangement in writing to avoid liability claims or true association that may give a claim to one for claims against the other.
Customer: replied 7 years ago.

but how do we share dba. Since my proposed associate already owns the dba am I allowed to use it? In talking to CA DRE, I cannot use a dba unless I own it and it appears that if I use his ( my partner's dba) CA assumes I work in his employ, which would create liability for him. I think the solution would be to refile the dba with me as a co owner as well ? Are you familiar enough w/ CA Business and Professions code to answer this?

Expert:  INFOLAWYER replied 7 years ago.
I would keep the associations apart given your priorities, but what I will do is have a california expert answer further on the state specific use of the dba.
Expert:  Dimitry K., Esq. replied 7 years ago.
Hello,

I see that your previous Expert referred your question to me. I spend my time designing start-ups and business entities.

Since you do not wish to be a part of one entity, you can sign a licensing agreement with the other broker. In essence, through his permission, you will be able to use his DBA until that license is revoked.

However you are completely correct--that option I described does create a presumption of employment and subsequent control (and liability) for the other broker. I would strongly suggest you refile the entity under both, and consider changing the business structure to a professional corporation as that will provide you both with limited liability against each other's services.

Sincerely,

Dimitry Alexander Kaplun, Esq.


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Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 41221
Experience: Run my own successful business/contract law practice.
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