Legal Question in Business Law in Florida

I sold a cleaning package to a customer which was "buy a year, get a year free". She decided six months ago that she didn't want to continue and on our terms of service that she signed, it stated we do not give refunds. Now, a month ago, she wants to know if she can sell the package to another person. We told her that would be fine. Now, 30 days later, she tells us she wants to sell it in pieces because no one wants to buy the whole. When does it get to the point that this is null and void? It's been 7 months since she discontinued service. Do we have to owner this? Also, we will not sell in pieces or to businesses. It has to be sold as a whole, as it was bought. Also, does the person buying, if she can find one, get the package from the date she discontinued or when it is bought for the time remaining. Please help. This is a neighbor and it's getting unbearable. We live in Florida.


Asked on 12/14/10, 7:24 am

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I think you need to sit down with your neighbor and explain your position. You've been generous in allowing her to basically assign the contract to someone else. Breaking it into pieces, while perhaps easier for her to sell creates a lot of administrative, etc. problems on your end that were not bargained for in the initial contract. This is something you need to work out on a business level, if at all possible. 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

Read more
Answered on 12/19/10, 7:34 am


Related Questions & Answers

More Business Law questions and answers in Florida