Legal Question in Business Law in New Jersey

My husband sold his landscaping business to another landscaper. They signed a contract (not done by a lawyer) agreed that all equipment was as is. My husband issued the legal title to the trailer. The agreement stated that my husband was not liable for any further business between this new owner and the customers of the business he bought. Now he is threatening to sue my husband because the customers aren't paying their bills and he wants compensation for their bills not paid from my husband. This business was sold to him 8 months ago. Can he do this?


Asked on 2/01/17, 7:06 pm

3 Answers from Attorneys

Roman Fichman Esq. Law Practice of Roman Fichman Esq.

The fact that the agreement between your husband and the purchaser was not prepared by an attorney would not preclude the intention of both parties to end liability on the date of sale. So you have a good starting position.

Unfortunately, under the American system anyone can sue for almost anything. But this does not mean that the purchaser of the business will win if they decide to sue. However the threat is certainly there.

I find that sometimes an ounce of medicine is worth a pound of cure and a stern letter from an attorney could dissuade the person from any foolish ideas.

Happy to chat further about this matter. Please contact me directly.

Roman R. Fichman, Esq.

www.TheLegalists.com │ @TheLegalist

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Answered on 2/01/17, 10:31 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Can he do it? Yes. Can you fight it? Yes. Will it cost you a lot of money? Probably not at all. Call me at 1-855-9-JEFLAW to discuss.

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Answered on 2/02/17, 3:56 am
Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

Anyone consume another person. For the fact you stated, it does not sound like the buyer the business is going to have much of a case. Nevertheless, I suggest that you and your husband seek a good tax and business attorney right away to review what was signed and the potential liabilities your husband may have.

Hopefully, next time you are involved in any business transaction, you'll have a good tax and business attorney represent you.

I hope this helps!

Ron Cappuccio

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Answered on 2/05/17, 4:50 pm


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