Legal Question in Business Law in California

busines contract

I am getting sued b c the buyer wanted to buy my business. i took his deposit and we both agree on closing in 5 mnth. He wasn't able to purchase it and ask me to wait another 5 mnth. SO WE FOUND a NEw buyer. NOW HE's sueing we keep his deposit and sold it to another person.. I HAVE A WITNESS THAT WE REFUSE TO SELL TO DURING THE TIME WE HAD THE DEPOSIT.. CAN MY WITNESS WRITE A LETTER STATING HE WAS INTERESTED AND THAT WE REFUSE HIM.. WILL THAT HELP MY CASE?


Asked on 5/05/09, 7:35 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: busines contract

Letters like that will generally not be admissible as evidence. The potential witness may need to testify in person at a deposition and/or at trial. There may also be a way at some point to use a declaration from him signed under penalty of perjury, but that probably won't eliminate the need for him to testify.

Whether you were entitled to keep the deposit depends upon the terms of your agreement with the plaintiff. If the deposit was refundable but you kept it anyway, the other buyer's testimony probably won't help you win the case.

You should get a lawyer asap. This is not the only difficult legal question you are going to need answered between now and the end of your case.

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Answered on 5/05/09, 7:43 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: busines contract

You need to have an attorney write a letter after carefully reviewing the facts and agreement. Shortcuts may make your lawsuit worse. Let me know if you want my assistance with this.

Best,

Daniel Bakondi, Esq.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

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Answered on 5/05/09, 8:16 pm
Terry A. Nelson Nelson & Lawless

Re: busines contract

You're going to need a lot more than something scribbled on a piece of paper. Witnesses need to prepare correct sworn Declarations or be deposed. You'll have to defend this case with whatever 'admissible' evidence, documents and facts you have. You would be well advised to get an attorney, unless you know how to properly conduct litigation and trial. Lose of this case means more that just a little money. If this is in SoCal, and you're serious about doing so, feel free to contact me.

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Answered on 5/05/09, 8:39 pm


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