Legal Question in Business Law in California

Abandoned Order

We purchased a small manufacturing business that has been around for 25+ years. We have an abundance of merchandise that was ordered and never paid for and just abandoned. Some of the merchandise goes back a considerable amount of time - certainly before we were involved. The business is an art foundry so each piece is unique. Can we sell these pieces legally after trying to contact the purchaser? Also, what period of time needs to pass before we can sell/dispose of them? Our current contract does not specifically talk about unpaid/unclaimed orders but we would like to change that as well. Any advise would be greatly appreciated.


Asked on 10/02/07, 5:48 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Abandoned Order

Yes, you should create a new purchase order/contract that clarifies your interests and rights. You need to go over these issues and specific items in detail with counsel. There is no way of giving an intelligent opinion about generalities here; you are already aware of the risk of legal problems, that's why you posted your question. Depending upon your existing contract language with the buyers, there may/may not be copyright and other intellectual property issues to consider. There are reasonable solutions to all these things, you just need to get the answers properly., and get the right legal help. Feel free to contact me if serious and you want to use a SoCal attorney.

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Answered on 10/02/07, 6:30 pm

Re: Abandoned Order

I think you should consult with an attorney in your area to review the purchase order and/or any documentation that you have from the prior owners.

There are a lot of questions that you need to address such as whether you purchased the entire business or merely the assets belonging to the business, whether there were any agreements as to the purchased merchandise, whether you have any contact information regarding the purchasers, etc.

I would be happy to discuss your options as well as setting up new purchase agreements for you to use.

Caleb

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Answered on 10/02/07, 9:10 pm


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