Legal Question in Business Law in California

I am disabled with Parkinson's and have been in and out of the hospital 4 or 5 times this past yr. Sold my business and the couple that purchased the business have stopped making payment and owe me about $230,000.00. They have stood behind an standby agreement without any dates; amounts this agreement could run for ever. I live in southern california


Asked on 7/01/11, 6:55 pm

4 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Your options are to sit and wait, or to file a lawsuit if you have evidence of a contract and breach. Keep in mind there are statutes of limitations on such matters. 4 years for written agreements, 2 years for oral agreements. If serious about taking action, feel free to contact me.

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Answered on 7/01/11, 8:17 pm

I think you need to contact a local attorney to review your written agreement and discuss your options.

Given the amount involved a lawsuit is likely necessary.

Let me know if you would like to discuss this matter.

Caleb

[email protected]

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Answered on 7/01/11, 8:46 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I doubt there is anything a "standby agreement" could contain that would justify, or be a defense to, completing a series of contracted-for payments on a sale of a business. If you can send me copies of the sale contract and the standby agreement, I'd be delighted to give you a free evaluation of the buyers' liability and any possible defenses they might raise to a suit to compel payment.

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Answered on 7/01/11, 9:12 pm
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I agree with the other attorneys. Without evaluating the documents, there's no way to give you advice. Hopefully you had an attorney draw up these documents initially, so you will be on solid ground moving forward. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 7/02/11, 6:30 am


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