Legal Question in Business Law in Florida

Can giving away a product still be construed as conducting a business?

My neighbor has allowed a landscaping company to intensely plant this lot with palm trees. other trees, shrubs and other planting material. Over the last two years we have endured extensive landscaping activity on the site. We recently photographed the landscaper removing several trees from the site to property not owned by either the landscaper or our neighbor. The landscaper has the landscape and irrigation contract for the newly planted properties. We have filed a formal complaint. The landscaper and propery owner claim they are not conducting a business in a residentially zoned property because they are giving the trees away.

My contention is that if you are in business, even if you give away a product, it can be implied that the given product was part of an overall contract and may be described an an inducement to business, a discount or an extra, all as an incentive to gain the overall business contract.


Asked on 7/14/01, 9:29 pm

1 Answer from Attorneys

Randall Reder Randall O. Reder, P.A.

Re: Can giving away a product still be construed as conducting a business?

Your contention has merit. Whoever you filed the

complaint with will make the decision.

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Answered on 7/19/01, 2:46 pm


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