Business Law

Ask a Business Law Question, Get an Answer ASAP!

Business Relocation Questions

Business relocation happens for many reasons. Usually the more popular reason involves operation costs and/or tax breaks are more attractive in other areas. The economy plays a large role on a business's targeted market which can also affect business relocation as well. These factors often lead to questions, much like the ones below that have been answered by Experts.

If my business is forced to move due to widening of the road, what is available for my business? I was told since this is a road widening project that eminent domain is not involved.

If you own the property in question, you should be compensated. You will receive a summons with notice of condemnation action has been filed. You need to have the property appraised to present to the court. The value of your property will be determined from the appraisal and the evidence that has been presented from the other party. If you lease the space in question, you can file a separate action if there isn't anything in your lease keeping you from doing so. It is possible that eminent domain is involved and you need to consult an attorney about your rights.

My landlord agrees that the conditions in my store are bad and they are willing to let me out of a lease. They have not responded about paying for my business relocation, what should I do?

Before you do anything, try to urge the landlord into a response. You also need to make a relocation list and add the amount of money that it will take to make the move. The list needs to include the actual move, lost business during the move, new stationary with new location, the time and expense of notifying your clientele, and the loss of advertisement that will not benefit the new location. The list is an important document that will allow you to come to an agreement with the landlord as well as your claim if this goes to court. You may be able to convince the landlord to give you free rent in another location of theirs in exchange for the lost revenue.

What options do I have if my landlord won't repair the plumbing in the building? I am losing business daily.

Your situation is known as a "Hobson's choice". This means that in order to fix the issues would be to relocate. The problem isn't the plumbing, rather the fact that the landlord won't fix the plumbing. If the situation is to the point that it is affecting your ability to conduct business, you are what are known as constructively evicted. This means that you are not bound by the lease and you can relocate. You have a couple of options here. The first option is to have a building inspect with the code enforcement to look at the problem and claim that if the problem isn't fixes, that he will red tag the entire building. Your second option is to have a contractor itemize the cost of repair. Next, you will give the estimate to the landlord with the understanding that if it isn't fixed, you will relocate based on constructive eviction and you will sue for the cost of your business relocation.

I want to relocate my business from Oregon to Colorado. How do I do this?

A "foreign Business Incorporation" may be the easiest option for your business. You will need to apply for this in Colorado. Once this is done, you can apply for a license as an out of state business entity and have your Tax ID and license transferred. Once this is done, you can file for dissolution of the business in Oregon. You will also have to file an amendment to your articles of operation to show that your headquarters will now be located in Colorado, and then change your business from a foreign status to domestic one.

Business relocation occurs for many reasons, many of which are out of our control. If you have legal issues regarding business relocation, consult an Expert for legal insight.

Recent Relocation Questions

Thanks Paul, My son broke his arm two weekends ago while

Thanks Paul,

My son broke his arm two weekends ago while we were traveling in Virginia. He was born here in Florida, we don't have insurance. Hospital in VA told us not to worry as they had a program for people without insurance. Once they finalized doing all medical procedures they let me know that the program was only for people born in Virginia but that for sure Medicaid would take care of all the bills. Last Friday I applied for Medicaid and today I called for a phone interview. They requested:
1. Sons ID - No prob
2. Bank statement.
I think I put in my application that I had 5,000 in my checking account, today I mentioned I had 7,000. I told them this because I have 10,000 in my savings account NOT my checking. I don't think I mentioned I had a savings account. I will send them checking statement where i have like 1,000 only. If there's no need i wouldn't want to send my savings statement because that money i will use for relocation and to pay other bills. Don't want to get in trouble with the government because of this, in the application they did ask if I had other assets... but I know I have that money but i also know i need for relocation and other expenses. please advice

3. Last Month Paystub. As you know, my employer reduced my salary to half of what's stated in H1Visa. If I send them january paystubb, the amount is for half of what's supposed to be. Would this create problems? Of course they're not asking me for H1 visa documentation but want to make sure.

Thanks
Im looking to hire a general manager for my small business

I'm looking to hire a general manager for my small business in Virginia and would like a proper employment contract drafted, what is the best approach to take?
I sell advertising in restaurants. I sell roughly 25 advertisements

I sell advertising in restaurants. I sell roughly 25 advertisements per restaurant.
I sold 5 ads, when the restaurant owner canceled the contract. Basically said, his wife did not like the idea. CANCELED.
Unfortunatly at the time there was not protection from the restaurant for canceling.
However, my contract with the advertiser says the following:
Here are some excerpts from my contract with the advertisers.
You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. Cancelation must be in writing, by email toXXX@XXXXXX.XXX. We will acknowledge and respond to your email within 24 hours.
. This contract is non-refundable and non-cancelable. Advertiser understands if for any reason the company decides not to complete the project, after a period of twelve months, a refund will be issued.
Tables are scheduled to be in the restaurant for the length named above, starting on installation day. Company reserves the right to change the location of the tables. Possible reasons for relocation: Restaurant ceases operation, involved in unethical or immoral acts, quality declines or changes; we deem the move to be beneficial to the overall project. Company will do everything possible to secure a new location, within a reasonable geographic area. This cannot be guaranteed, and once installed; no other refund or compensation is offered. If a new location is secured, we may offer a pro-rated ad at the new location. This is depending on the length of time left on this agreement. If the location of the product needs to be changed, this does not negate either party obligation under this agreement.
============= ===============================================
One of the advertisers wanted a refund. I would not give it to them, and they are suing me in small claims. They also made threats to me, which cannot be called real threats, because they did not mention a broken body part, only that they will go to my HOUSE and have a LONG TALK with me and some of their friends.
One of my competitors walked into Serums restaurant to discuss table advertising. The WAITRESS, who is friends with some of the advertisers I sold to said

I was served papers, and I was in JAIL!! This information was passed on to another restaurant I am selling on, about 2 blocks away. The restaurant owner there, knew the situation with the first restaurant, and called me to tell me that this is what they are saying about me.
I called up that competitor, who said, Their exact words were:
I sold an ad for $3000, never produced the ad and now is in jail. He was served papers and is in Jail for fraud.”
MY ONLY QUESTION TO YOU IS…
can I sue them for defamation?
Or, which I prefer, can I threaten them and then SUE them if it happens again.
I wrote a threatening letter Is this legal? Can I sue them based on this information?
My letter is below
les

========== =============================
Dear XXXXX and employees.
I was contracted to sell table advertising in Serums restaurant. The contract was broken by Gary Serums. (actually his wife)
At the time the contract was broken, we had sold several ads.
My contract with the advertiser says, that if we cannot install the tables in the restaurant named we can change the location of the tables to another nearby restauarant. If we cannot find another restaurant, we will refund the money.
We found another restaurant, and are happily selling ads on that one.
Of all the advertisers sold, only one wants a refund. My contract clearly says, no refund, we can move you to another restaurant.
That advertiser has served me papers to sue me in court. My contract is solid and has been tested before. I can put his ad in another restaurant.
One of my competitors came to your restaurant to talk about the same type of advertising. He was told I was served papers and IN JAIL!!
FACT: I did nothing legally wrong.
FACT: the advertiser had 3 days to back out of the contract for a full refund.
FACT: I have been served, and will appear in Court and win
FACT: If anyone in your establishment, tells ANYBODY any false statements about me, or my company they will be sued for defamation of character.
FACT: If I lose a sale because of such a statement, I will also sue for lost income.
I have received several threats, of which I have recordings of, of what I consider physical harm from that advertiser. The police do not consider it a legal threat because he only said, “he and his friends will meet me for a long discussion, if you know what I mean” because he did not specify which body part he will damage, it is not a physical threat, but I take it very seriously.
While it is not considered a threat, there are three “incident reports” at the police station regarding this situation.
LES