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INFOLAWYER
INFOLAWYER, Attorney
Category: Business Law
Satisfied Customers: 50525
Experience:  LICENSED BUSINESS LAWYER
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I vested or purchased into a corporation. Before doing so

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I vested or purchased into a corporation. Before doing so I asked to cut the buy-in in half due to the economy and was denied. I then negotiated more retail territory before an agreement was reached and payment was made to the corporation. Approved to do a retail show to work the area that was given and when three of us went in together on the event I found a new distributor was given my territory. I was told from corporate that it was a mistake and that half the company knew it was mine but the other half didn't but it was still mine. Confirmation of the area was in question twice now and I had in writing been told that it was mine. I pushed for an email this time and was told they wanted to meet in person and at that time nothing was discussed regarding this matter, they had not sent a representative that could make a decision. Conference call the next day with corporate and then told I had not put out effort enough effort. No stipulations ever discussed. Any recourse at all?
Submitted: 5 years ago.
Category: Business Law
Expert:  INFOLAWYER replied 5 years ago.
What state are you in?
are you asking about money owed? equity not being honored? territory given elsewhere?    
Customer: replied 5 years ago.
I am in Washington State and Corporate is in Utah.
Expert:  INFOLAWYER replied 5 years ago.
If you seeking to recover monies or equity, you need documentation supporting such vesting. Oral promises would be insufficient. Otherwise you would need to pursue a claim on the basis of unjust enrichment if you do not have a contract to point to a breach emanating from.   
Customer: replied 5 years ago.
I do have a contract with the Corporation but it does not outline retail territories and says if I sneeze wrong I can be terminated. They do not want to be a franchise or a pamepered cheif however what does that leave them. They are making up rules as they go along skating by laws and regulations. Taking womens money and leaving them with nothing. Love the product and ticked at myself for being taken advantage of and want to let others know that they are preying on people $ and when someone else comes along they will kick you to the curb to get the next person funds.

The relationship between XXXXX is that of a product distributorship only and does not constitute a franchise or business opportunity relationship under Federal Trade Commission and various state rules and regulations; to wit, no payments are made to XXX except for the purchase of products at regular, published wholesale prices in quantities sufficient to maintain an inventory of products to adequately promote and sell products to its customers and to serve its demonstrators. Other than its limited warranty of the products described elsewhere in this document, XXXX makes no representations or warranties with respect to the business to be conducted by Distributor.

XXXXX makes no (and disclaims any) written or verbal representations or warranties, either express or implied, relating to (i) the duration of the relationship created hereby, (ii) the circumstances under which Distributor may be terminated, (iii) the size of the market for the products, (iv) the amount of business that Distributor can or may expect to receive; or (v) the income that Distributor can or may expect to generate in connection with the sale of the products.

The relationship between XXXXX is that of a product distributorship only and does not constitute a franchise or business opportunity relationship under Federal Trade Commission and various state rules and regulations; to wit, no payments are made to XXXX except for the purchase of products at regular, published wholesale prices in quantities sufficient to maintain an inventory of products to adequately promote and sell products to its customers and to serve its demonstrators. Other than its limited warranty of the products described elsewhere in this document, XXXXX makes no representations or warranties with respect to the business to be conducted by Distributor.

XXXXX makes no (and disclaims any) written or verbal representations or warranties, either express or implied, relating to (i) the duration of the relationship created hereby, (ii) the circumstances under which Distributor may be terminated, (iii) the size of the market for the products, (iv) the amount of business that Distributor can or may expect to receive; or (v) the income that Distributor can or may expect to generate in connection with the sale of the products.

Customer: replied 5 years ago.

The relationship between Company and Distributor is that of a product distributorship only and does not constitute a franchise or business opportunity relationship under Federal Trade Commission and various state rules and regulations; to wit, no payments are made to Company except for the purchase of products at regular, published wholesale prices in quantities sufficient to maintain an inventory of products to adequately promote and sell products to its customers and to serve its demonstrators. Other than its limited warranty of the products described elsewhere in this document, Company makes no representations or warranties with respect to the business to be conducted by Distributor.

Company makes no (and disclaims any) written or verbal representations or warranties, either express or implied, relating to (i) the duration of the relationship created hereby, (ii) the circumstances under which Distributor may be terminated, (iii) the size of the market for the products, (iv) the amount of business that Distributor can or may expect to receive; or (v) the income that Distributor can or may expect to generate in connection with the sale of the products.

Expert:  INFOLAWYER replied 5 years ago.
If the contract permits them to terminate you for any reason, then that puts you in a weak position. You would only have a claim to the extent the contract expressly awards you a benefit that has accrued and is now not being honored. If that is the case, a lawyer letter followed by lawsuit are the proper steps.   
INFOLAWYER, Attorney
Category: Business Law
Satisfied Customers: 50525
Experience: LICENSED BUSINESS LAWYER
INFOLAWYER and 8 other Business Law Specialists are ready to help you
Customer: replied 5 years ago.

How can I take the company name off reply.? Thought I had taken it all out.

 

Crumb.....

Expert:  INFOLAWYER replied 5 years ago.
I will ask customer service to do so. You can also e-mailXXX@XXXXXX.XXX with a link to the question.   Kindly accept my answer so I get paid.   

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