Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

I understand that an LLC member can NOT represent the LLC in

Customer Question
court. For example, an LLC...
I understand that an LLC member can NOT represent the LLC in court. For example, an LLC member can not representy the LLC for evicting a multi-family tenant (where the LLC is the owner/operator of an apartment complex).
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: I was wondering what type of structure might enable partner #1 to do evictions while partner #2 had protections from liablities of partner #1? Partner #2 being a passive participant, partner #1 an active participant. I have read that general partnerships are "risky" do to liablities of one partners actions vs the other.
JA: Has any paperwork been filed?
Customer: We had an LLC or say 15 years. Recently dissolved prematurely, not thought through. Now we need to re-organize, potentially create a new LLC but able to restructure...
JA: Anything else you want the lawyer to know before I connect you?
Customer: I believe that sums it up thanks
Submitted: 3 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 8 minutes by:
7/31/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 5,983
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, eligible to practice in front of state and federal court, who is ready to help. I have a nearly 100% satisfaction rating (click here to see my ratings information) so all that means is that you can count on me to help today. The answer to your question is yes, an LLC member cannot represent the LLC in court. Generally, in LLC is going to protect both partner 1 and partner to. This is regardless of whether one partner is active and another partner is passive. If it is a general partnership, without the protection of an LLC, then both partners are going to be held jointly and severally liable for any lawsuits that occur. This is why LLCs are very popular because if your company is sued, then only the company's assets are going to be at a risk; not your personal assets.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

Ask Your Own Real Estate Law Question
Customer reply replied 3 months ago
If a general partnership was created where one member was an individual and the other member was a Sole Member LLC, could the partner who is an "individual" represent the partnership in court, i.e. do tenant evictions in court ? What vulnerabilites/liabilities would you see in this set up vs a 2 member LLC?
Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago

I can see what you mean. The answer to your question is yes, the end of it would be able to represent the partnership in court. Only the llc's are prohibited from having somebody from the organization represent them. As far as the vulnerabilities/ lie liability the individual May not have the same protection as the person that owns the sole member LLC. The person with the sole member LLC will have the protection of the LLC of the partnership is sued. Therefore, for example, if a tenant decides to sue the partnership, and the partnership losses, the individual may lose their personal assets whereas the individual that is in the partnership as an LLC will only have that LLC lose their assets, and their personal assets will be shielded. Does that make sense?

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further questions or if there is anything else I can assist you with today. Please reply here and let me know. Thank you.

Ask Your Own Real Estate Law Question
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 5,983
5,983 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

10,826 satisfied customers

16 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,657 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,367 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,899 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
I'm facing eviction by the 20th next monday. The question I
Hello I'm facing eviction by the 20th next monday. The question I have is although the lease was not in my name but I made payment for almost 10 years. Do I have any squatter rights or anything like t… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
The manager has sent threat of eviction, and other medical
The manager has sent threat of eviction, I am Bipolar and other medical problems at 76years She would not let me eat lunch from the senior nutrition program because I took my salad up to my room on Mo… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,878 satisfied customers
It is an eviction question, I live in an apartment with my
it is an eviction question, I live in an apartment with my wife and occasionally our grandson. our rent was typically and scheduled to be taken out on the 3rd of the. Because it was not consistently t… read more
socrateaser
socrateaser
1,031 satisfied customers
I was evicted from an apartment about nine years ago. How
I was evicted from an apartment about nine years ago. How long can they come after me for the back rent? I live in Ohio … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Eviction notice received. based on mother deceased property.
Eviction notice received. based on mother deceased property. … read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
Nashville, tennessee threat of eviction notice for not
Nashville, tennessee threat of eviction notice for not paying all the rent, medical problem, missing work, he works for US Post Office in Nashville, who should he consult, panicked, first time. he is … read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
In an eviction process in the state of Wisconsin, what is
In an eviction process in the state of Wisconsin, what is the difference between vacating and abandonment...her lease expired, and she has not been occupying the unit for a month … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
A nyc landlord is having trouble evicting a non paying
a nyc landlord is having trouble evicting a non paying tenant. he hired a lawyer, who, after going on vacation and missing the court date, eventually went to court. there the tenant agreed to pay rent… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
If someone is living in an apartment, not on the lease and
If someone is living in an apartment, not on the lease and person on lease moves out, and person not on lease refuses to move, what are their rights? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
In CT, does the reasons for an eviction show up on a
hi in CT, does the reasons for an eviction show up on a background check … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Pending eviction for monies unknown to us that were not
Pending eviction for monies unknown to us that were not charged … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
My landlord locked me out of my apartment during an eviction
My landlord locked me out of my apartment during an eviction and was taking my personal things out but no sheriff deputy was present is this legal … read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
I have an eviction notice on an apartment I am renting and
Hello, I have an eviction notice on an apartment I am renting and need to get an extra two weeks to get caught up on payments. What are my options? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
Eviction filed and court date set. Have vacated apartment 6
Eviction filed and court date set. Have vacated apartment 6 days before court date. Will it still be necessary to go to court? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
I was recently evicted from my apartment in Marina Del Rey,
I was recently evicted from my apartment in Marina Del Rey, CA. I was three months past due and had three months left on my lease. I was under the impression that I was responsible for the past due am… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
My daughter is being evicted as I type from an apartment
my daughter is being evicted as I type from an apartment they have alegal lease to and have lived there for 2 years … read more
Damien Bosco
Damien Bosco
2,991 satisfied customers
I'm about to get evicted an i need help. Its an apartment in
i'm about to get evicted an i need help JA: Where is the property located? Customer: its an apartment in marietta, ga JA: Has any paperwork been filed? Customer: yes JA: Anything else you want the law… read more
Bill Attorney
Bill Attorney
law
1,415 satisfied customers
Is it legal for an apartment complex to report evictions on
Hi Pearl, is it legal for an apartment complex to report evictions on your credit when it was late payments? … read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x