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Ask A Lawyer with David Richter

In our second segment of “Ask a Lawyer” we featured questions from David Richter.
David graduated from the University of California at Davis School of Law (J.D., 2005) where he served as student coordinator for the King Hall Immigration Clinic and assisted in the creation of an advocacy unit for non-citizen criminal defendants. After graduating, David managed two closely held commercial real estate partnerships in Northern California. He negotiated several sale purchase agreements of both developed and undeveloped commercial properties. In 2013, he joined Cuddy & McCarthy, LLP in Santa Fe, NM where he principally represented public sector entities in federal court. During the last two years, David launched a private practice and offered business consulting services to a number of start-ups. He graduated cum laude from the University of California at Santa Cruz (B.A., 2000) where he studied Political Theory. David studied Arabic at the Monterey Institute of International Studies, and speaks Spanish with functional fluency. He is admitted to practice before both state and federal courts of New Mexico.

In addition to David, Slingshot has an awesome team of legal professionals who can provide legal services across the United States including Larry Donahue, Timothy Mortimer, Donald Kochersberger, Alicia McConnell, Ian Alden, Kallie Dixon, Ross Perkal, and many more. Our team is ready to answer questions that are important to you.

What is Ask A Lawyer?

Ask a Lawyer is a twice per month open to the public legal question and answer session with real lawyers. We want to be able to provide real people answers to real questions. We partnered with the Albuquerque Journal’s Business Outlook to provide everyone a way to reach out and have their questions answered. Do you have a legal question you need to have answered? Email us at [email protected] to have your question answered. We review all the questions that come in and provide answers to the ones that are most important to you anonymously.

Living in a digital age.

We know that there are people out there who don’t have a subscription to a newspaper or maybe you get all of your news online. If you want to review the questions that have already been answered check them out here.

You can also find the questions on the Albuquerque Journal’s Website and if you want to subscribe to the Albuquerque Journal, here’s a link to get a subscription.

Tell us what’s important to you.

We want to hear from you. Send us your legal questions to [email protected] we want to provide our community a way to reach out to real lawyers and attorneys and be able to feel that you are starting off on the right foot.

[Read our first installment: Ask A Lawyer]

2 comments

  • i am buying a machine that works in the coal industry.
    before i close the deal i want to confirm there are no ucc filings on the machine.
    the machine is located in n west virginia.
    i believe it could have bee working states as well.
    i am under the gun to buy this machine so the quicker response the better.
    thank you.

    • Hi, Tom.

      Thank you for your questions. What you need to do, to protect yourself, are several things:

      1. Conduct a lien (i.e. UCC) search (and title search, if it’s titled) in the state (or states) where the seller operates and where the seller is incorporated.
      2. Make sure the seller signs a purchase agreement (or PA) with the right representations and warranties, specifically that it is free from any and all debts, liens, notes, obligations or other encumbrances; and the PA has appropriate indemnity language, dispute resolution w/attorneys fees, and liquidated damages clauses.
      3. Make sure the seller, if they sign as a corporate entity, also sign a personal guarantee related to the indemnities.
      4. Consider obtaining title insurance, if possible. I don’t know who to recommend, but I know there are title companies out there — and they will do some of this research for you.

      We can help with the Purchase Agreement (depending on where you’re located), but it would be best for you to hire a local attorney in WV where the Seller is located.

      Good luck to you. Larry.

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