Q: Complicated case about an unnotarised business contract.
I bought a failing business from a couple in my hometown. They wrote a contract, but because I was sometimes late (wishing 5 days, but the contract actually gave me 10) they would harass me. The husband even kept texting me at 2:30 in the morning. Now, I had to leave the state for personal reasons and before the payment was even due she came and had the locks changed to my business (she told the renter that I gave it back to her) and is selling merchandise (that is not hers) for 50% off. (This includes items that are not even mine.) She is then pocketing the money. She is claiming that I owe her 4 payments, but I am up to date except this month. (She won't meet to let me pay) She did not give me a receipt for the first one, but I have the others. She's been opening packages and selling what was in those too, but they are not mine. She is also threatening to get a lawyer because I am "always super late". Is there anything I CAN do? She still uses the name that I am supposed to own too.
A: You need to contact an attorney immediately to discuss your case.Once more facts are learned, the attorney may be able to take steps to stop actions on the other party's part. A contract of this type does not have to be notarized to be valid. If you are not in default of the contract, they cannot repossess the property. In addition, even if you are late, they may not have the right to repossess the business. There are additional requirements. Contact an attorney now.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.