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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101738
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I had an agency take care of my house which dissolved last

Customer Question

I had an agency take care of my house which dissolved last year but the major company a real estate agency is still in existence ...I realized a year later they still owe me the deposit ..is it too late?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts to opt out of participation in phone calls and I may or may not be able to participate in this feature.

1) What state is this in?
2) Was the agency a CORPORATION, or, not?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
Maine. The name of the company was XXXXXXXXXXXXXXXX but without LLC or Corp on the end of the name All emails came from XXXXXXXXXXXXX which is still running. But according to the owner XXXXXXXXXXXX was dissolved. The company was very poorly run or they would know there was money left over since in Maine deposits have to be in a separate account. Also he send docusigns and deleted my life partners ..I asked for them to redo it ..said they would and did not ..then I got into an accident.... he sent a letter to all the people who work with him that he is ok and does not need money .don't know if this was a scam or not ...when I was selling my house we had an appointment and he called a potential buyer who he knew would never get a loan and had him there without telling us .. I guess in other words it is a very unethical company
Customer: replied 1 year ago.
thanks for your help Ely
Expert:  Ely replied 1 year ago.
Hello,
Even if the agency no longer exists, provided that the agency was not a separate corporate entity (or was, but could be proven to have simply been a shell for the main corporation), then the LLC can still be liable.
AND, the LLC still exists and is in good standing - see here.
So, provided (1) the agency was not a corporation, or, (2) it was, but one contents and proves that the agency's corporation was but a shall for the LLC, then the LLC may be held liable.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 1 year ago.
Ely..i told them I had a lawyer and now have a check in my hand ..thank you.. Cindy
Expert:  Ely replied 1 year ago.
Cindy,
I am glad you got this resolved, although I hope you understand that I am not your attorney and I was just giving your general information and not legal advice.
Regardless, I am glad that this was resolved for you. Good luck in everything.
Please don't forget to rate my answer in one of top three faces and then actually SUBMIT – it is the only way I get credit for my time with you – or, please use the REPLY or SEND button to keep on chatting – I want you to be satisfied.