Legal Question in Business Law in Ohio
I would like to start a business that would use contracts and have customers make a partial payment before service begins. Advice is needed regarding repudiation - customers reneging on contracts, and how to prevent this.
2 Answers from Attorneys
The answer is going to depend on what type of business you are going to have. For some businesses, like construction or automotive repair, you can get a mechanic's lien for any work you have done. If you make custom products for customers, you may be able to recover your costs if they breach the contract or don't accept the product. Depending on the business, it might make sense to require collateral be put up, a promissory note executed by the customer, or incremental payments throughout the duration of the contract period. Again, what makes sense for your business will depend on what you are doing and to some extent the customary practices in that industry or profession.
If you would want to talk in more specifics, feel free to contact me. I would more than happy to see what I might be able to do to help you.
As a Franchise Attorney I agree with the other attorney answer. It all depends on the type of business and the way the business relationship is structured via contracts and payments. 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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