Legal Question in Business Law in Florida
Put $2,500 down on a $107,000 business. The seller gave some but not all of the financial paperwork so I backed off, not feeling right about it. He now refused to give me back my deposit. There was never anything said or in writing about a nonrefundable deposit.Do I have a chance in small claims or what do you think I should do? Thanks, Rick
2 Answers from Attorneys
Based on your stated facts, you have some but likely small possibility of recovery. An important issue is the non-inclusion in the written contract of any right to such recovery. Much will depend on other provisions of the contract, which party drafted the contract, your specific reasons for not continuing the agreement, whether either party violated other provisions of the contract, and any other evidence relating to any such right, including any oral or verbal witnesses. Small claims courts usually require specific evidence on which to make such decisions.
As a Franchise Attorney I basically agree with the other attorney answer. It seems the seller refused to provide complete financials. If this is the case, and the reason you backed off, this would increase your chance of prevailing in Small Claims Court. Give it a shot and see what happens. 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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