Legal Question in Business Law in Oregon

getting money from a closed buisness

i was attending a private pilot school and it was sold 2 years ago the owner now ha 16,600 dollars of my money that was not used. he said the tried to contact us to give us the money when he sold the buisness. and i never recived a letter or call. i am curious what i can do to get my money back or can he just walk off with it


Asked on 6/18/08, 5:08 pm

1 Answer from Attorneys

Daniel Meek Daniel W. Meek

Re: getting money from a closed buisness

He cannot just walk off with it.

First, did you have a written contract with the original owner of the school? Did it obligate the owner to provide a certain number of hours of training or that you would obtain certain levels of certification? If the original owner did not provide what you paid for, then he owes you back the money.

The original owner might say that, when he sold the business, he sold all of its assets and liabilities as well. One of the new owner's liabilities would be to provide you with the training you already paid for.

Second, if you had no written contract, was there an understanding between you and the original owner on what you were buying for the money you paid? Then either the original owner of the new owner are in breach of that oral contract.

So call the original owner and ask if his sale to the new owner included the business's liabilities, such as the $16,600 in unearned revenue or "advance payment" from you for services that you never received. Then either sue the original owner or the new ownwer or both for breach of contract, money had and received, unjust enrichment, and restitution.

Read more
Answered on 6/18/08, 8:09 pm


Related Questions & Answers

More Business Law questions and answers in Oregon