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J. Warren
J. Warren, Attorney
Category: Business Law
Satisfied Customers: 2211
Experience:  Experience in general business transaction and formation matters.
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I have a business dispute with one of my partner, what am I

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I have a business dispute with one of my partner, what am I supposed to do?
Hello! My name is XXXXX XXXXX I look forward to helping and providing you information today.

I am sorry you are dealing with this situation and a partnership that has gone sour. Unfortunately unless you can agree on a proper dissolution you will either end up in court or mediation.

Each partner owes a fiduciary duty to the other and to the extend the other partner has breached this duty he is liable to the other partner for losses and damages as a result of this breach.

When partners do not agree to dissolving the partnership or can not agree on a buy-out, the options that are available are either court action seeking a court order to dissolve the partnership or mediation. Filing a lawsuit to dissolve and wind up the partnership should be a last resort as this will take much time and legal fees could get expensive.

Mediation has proved to be a reasonable means to resolve business partnership disputes. Mediation services are available to have a certified third party review the facts and come to a reasonable resolution past on current law. The Florida Circuit-Civil Mediation Society maintains a list of mediators that are available: www.floridamediators.org/index.php

All my best & encouragement.

Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. If for any reason you feel that a 2 or 1 rating is appropriate, please first give me the opportunity to address your concerns.

All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.
Customer: replied 3 years ago.

Hello John, thank you for your answer.


Do you suggest us to put the website up and running again? Even if he starts disconnecting us from the Paypal account.


 


Thank you for your answer.


 


Best regards,


 


Stephan

Not until such time an agreement can be reached that in the interim between now and resolving the ownership issue either through mediation, compromise or court, that if the site goes live he agrees in writing not to disconnect PayPal.

I assume there is no partnership agreement signed by all partners, but if there is dissolution and conflict resolution should be provided for in such an agreement and the procedure should be followed. If you venture into a partnership again, which this may forever taint you from doing so, at minimum an agreement should be draft and signed by all partners.

Best of luck.



All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.

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