Legal Question in Business Law in New Jersey

verbal contracts

When both parties are dissatisfied with the business, but neither wants to sell, what are the partners rights?


Asked on 6/02/07, 12:12 pm

4 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: verbal contracts

To try to amicably dissolve the business and split it between them. This is like a business divorce and may require that someone to assist in mediating the separation.

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Answered on 6/02/07, 12:24 pm
Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

Re: verbal contracts

Unfortunately, you will be stuck with each other or litigation. That is why you should have your business formed by a tax and business attorney. You should have a buy/sell agreement and business operating agreement. That would define voting rights, sale of business rights and the parties rights and obligations upon death and disability.

Now, you are stuck with having a judge determine your state law rights.

I hope this helps!

Ron Cappuccio

www.taxesq.com

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Answered on 6/02/07, 12:27 pm
Barry Kozyra Kozyra & Hartz, LLC

Re: verbal contracts

You are in a classic standstill position because you have no written agreement that defines what happens next.

Unless you can employ a neutral to help you work out your differences, you will be forced to close down or have a judge impose a solution. Any conflict will be expensive so if you can work out at least some of the problem it would be beneficial to both of you.

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Answered on 6/02/07, 2:31 pm
Robert Davies The Davies Law Firm, P.A.

Re: verbal contracts

I have read what the other attorneys wrote, and they are correct, it gets messy if you and your partner fight. You try to avoid that if you can.

Go see an attorney, and get some advice.

I do this kind of work. If you would like me to assist, please call my office. I am in Hackensack. A half hour consultation will be $75.00. You can then decide how you would like to proceed.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 6/02/07, 2:47 pm


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