Legal Question in Business Law in Florida
stealing accounts back
Over a year ago I purchased over 50 accounts from a lawn care company. And, since last april, the owner has been going door to door, and taking some of these accounts back. Some include condos, schools, and churches costing me to lose over $16,000.00 in revenue these past few months. I have no idea what I should OR can do about this. I have the bill of sale and a list of all the accounts I purchased as well. I don't know if this is considered illegal or not. And, I'd like to know before I even consider taking legal action.
3 Answers from Attorneys
Re: stealing accounts back
It would seem your business is being interefered with. Do you have a contract?
Re: stealing accounts back
Depending upon the contract that you entered into with the seller you may have a cause of action for either breach of contract or tortious interference with an advantageous business relationship.
The elements to a breach of contract claim are (1) a valid contract was entered into; (2) a material breach of those terms; and (3) that you have been damged. "A cause of action for tortious interference with an advantageous business relationship requires the following four elements: (1) the existence of a business relationship under which the plaintiff has legal rights, (2) knowledge of the relationship by the defendant, (3) an intentional and unjustified interference with the relationship by the defendant, and (4) damages to the plaintiff as a result of the breach of the relationship." See Ethan Allen, Inc. v. Georgetown Manor, Inc., 647 So.2d 812, 814 (Fla.1994); North Am. Van Lines, Inc. v. Ferguson Transp., Inc., 639 So.2d 32, 33 (Fla. 4th DCA 1994), approved, 687 So.2d 821 (Fla.1996).
Good luck,
Randall Gilbert
Re: stealing accounts back
The answer depends on the wording of your contract. A restrictive covenant, prevcenting him from contacting his old clients, or competing with you for a period of time would have solved the problem.
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