Legal Question in Business Law in Florida
Partnership in business
We own a gas station with 50% each. Recently a bigger chain has offered us to change our location. Change will be good to bring more business. Problem is my partner is already with this chain(different locations) and if the lease is under his name only the big chain won't treat us as first timers. He is asking me to remove my name from the lease.
My questions are
1. Should I remove myself from lease?
If I don't it will cost us 3 months of training and some franchise cost.
2. Should me and my partner sign another contract stating the situation?
3. What should I Do?
Please help me
2 Answers from Attorneys
Re: Partnership in business
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further. Similar questions like this have been asked repeatedly.
You must enter into specific agreements with your partner which will protect your interest in the event of any disagreements. All of the parties rights and obligations as well as ownership interests must be clearly delineated.
I strongly suggest that you consult with a qualified business attorney where you can explore all of your options in order to protect yourself.
Scott R. Jay, Esq.
Re: Partnership in business
You also do not want to be trying to enforce a contract in court that shows you and your partner to be trying to scam the bigger chain because a court may decide to not enforce your agreement and leave you off the lease and without an interest. We can advise you on this, if you wish.
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