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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 98905
Experience:  Lawyer
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My brother and i currently own a dairy farm 50/50. my

Customer Question

Hello, My brother and i currently own a dairy farm 50/50. my brother hardly works at it at all and will not invest in the business and is running it into the ground. we are both around 60 and are retirement age and have to start slowing down soon. two of my sons are interested in taking over the family farm and have proposed many options and have offered to buy my brother out. however he refuses to sell and says he wants to keep farming and not sell. however i can't work with him anymore and asked him to buy me out and instantly he agrees and says we will go into auction and just liquidate everything. i really want my children to take over the business as they will be the 4th generation. is there anything we can do? it seems like he doesn't care what happens, he just doesn't want my children to take over the farm
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Yes there is. You can take him to court.

He cannot decide to sell to a stranger but not to you or your children.

You can get the farm appraised by a professional appraiser and then seek a court order for your brother to sell you the farm.

Customer: replied 1 year ago.
How long would a process like this take?
Customer: replied 1 year ago.
Also we do have a contract that was signed when we became partners. would that help speed things up or come in handy?
Expert:  Debra replied 1 year ago.

It could take a while but the threat of a lawsuit from a lawyer may be all it takes.

And yes the contract may very well help a lot.

Customer: replied 1 year ago.
WOuld we have to give him the full 50% of his share or could we go in lower as he hasn't been putting in the hours required and takes equipment all the time to his place but still takes a full pay check?
Expert:  Debra replied 1 year ago.

It sounds like the court may say he gets less than 50% but I cannot really analyze the facts the way your own lawyer will.

Customer: replied 1 year ago.
Would you be able to recommend a lawyer for us?
Expert:  Debra replied 1 year ago.

I cannot recommend a lawyer but what you can do is contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $30.

Here is a link to the contact information you will need:

http://www.barreau.qc.ca/en/public/trouver/avocat/

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