Legal Question in Business Law in Maryland

Bought buisness with bad sewage

I bought a buisness with ballfeilds and horseshoe pits. After I put $40,000.00 down and making $1,500.00 per month payments to the last buisness owner and another $1,500.00 per month to my landlord. I find out that the sewage system is not working and had failed a perck test about 4 years ago. I bought this buisness in Ridge Md and I have been here for 6 months and so many of my customers told me the sewage problems has been this way for 20 years are more and the county has always turned a blind eye to my landlords since they have family in county office. I have had to cancel ballgames and other events because of raw sewage in the feilds. I have a $70,000.00 Loane to pay off and a 5 year lease with my landlord for a buisness I can not resell kowing what I know now. My landlord is mad becuase there was a write up in the local papper about the ongoing sewage problem on my landlords property landlord now is trying to find away to evict me so as to cover up the sewage problem that most all of the town of Ridge already knows about. I have a small carryout in the same county, St Marys county health department made me remove three tables because they said my sewage capicity was to small and yet they turn a blind eye to my landlord. Help!


Asked on 7/22/07, 7:31 pm

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Bought buisness with bad sewage

Without seeing the contract or speaking with you, I cannot determine whether there was mis-representation as to the initial matter. It appears that the landlord is seeking to continue to leverage upon the issue with the health department. Although the health department has every right to enforce the health code, such enforcement may have existed with the prior owner. The lack of such enforcement may work to your benefit.

Bad faith, if shown or proven, will serve to obviate the contractual obligation(s) and may entitle you to contractual and equitable damages.

You need to speak with an attorney. Do not allow circumstance or the lack of prudent action from others to diminish your objectives.

I am available to assist you.

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Answered on 7/22/07, 8:28 pm


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