Legal Question in Civil Litigation in Georgia

LLC not registered prior to entering into a contract

I purchased an apartment building from an LLC. I have since determined that the LLC paper work had been filed but NOT registered with the state at the time of the contract. I now need to sue the seller not turning over varoius deposits as agreed in the written contract. Must I sue the LLC? Or can I sue the individual partners as the LLC was not officially registered? I have been told Georgia law (O.C.G.A. � 10-1-490) permits a person to conduct business under a partnership name as long as the partnership is registered within 30 days from the commencement of business.


Asked on 9/06/06, 2:36 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: LLC not registered prior to entering into a contract

You need a lawyer to sort it out, because the question is more involved than mere registration. He/she will know the proper code sections and law that may apply to the case. Moreover, you may have a title issue.

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Answered on 9/06/06, 7:30 am
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: LLC not registered prior to entering into a contract

There is no O.C.G.A. Sec. 10-1-490. You might be referring to something in Title 14, but it is not cut and dry regarding pre-organization liability. Additionally, an LLC is not a partnership.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 9/06/06, 10:30 am


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