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If a business contract for services, in the state of Florida,

Customer Question

If a business contract for services, in the state of Florida, was under the name of "Sunshine Management LLC" and changed two years later, to "Sunshine Association Management Inc", without a new contract for services or an amendment to reflect name change, is it still binding?
Submitted: 3 years ago.
Category: Legal
Expert:  lwpat replied 3 years ago.
Thank you for your question and for using JA. Please click accept so I will receive credit from JA for my time.

As long as the new company assumed all of the liabilities and responsibilities of the old company, then the contract is still binding.
Customer: replied 3 years ago.
Specifics. The Management Company was under a different name and an LLC - changed name and became an Inc- with no renewal of contract or admendments to the parties they were doing business with- in the state of Florida. How can the contract still be binding if it is not the person (company) that you signed with????
Expert:  lwpat replied 3 years ago.
One company can transfer its assets and liabilities to a new company. That is done all the time. Usually they could even sell the contract to a completely unrelated company.

an accept for my time is always appreciated and required for me to receive any credit from JA.
Customer: replied 3 years ago.

These are not for profit associations of which I am speaking. They were not notifed of the new company name or given admendment sto contracts that specifically state that amendments must be in writing and signed by the Board President and the principal ofthe company. It doesn't seem like it should be binding if the company they originally contracted with is no longer in business and the Associations were not informed of the change. I respectfully XXXXX XXXXX they can sell a Management contract to someone else when Florida Statues only allows the Board President to enter into Management agreements.

Expert:  lwpat replied 3 years ago.
I will opt out and open your question to other experts. Thank you for using JA/
Expert:  Law Pro replied 3 years ago.
Does the contract allow for assignment?
Customer: replied 3 years ago.
NO it states nothing of allowing to assign to another party. It is solely between the "Agent" as described as Sunshine Property Management LLC within the contract. This company has produced New contracts for all but a handful of Associations that they manage and are telling the Associations that the old contracts in a different name are still valid although there are new Presidents on the Boards.
Expert:  Law Pro replied 3 years ago.
Just to be sure - what do they do?
Customer: replied 3 years ago.
Management Community and Condo Associations on FL Statues 718 and 720
Expert:  Law Pro replied 3 years ago.
They can't assign their rights - that would have to be agreed to by the other party to the contract.

That's not the type of contract (a personal services contract) that is assignable without the consent of all parties involved.




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Law Pro, Attorney
Category: Legal
Satisfied Customers: 24751
Experience: 20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
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Customer: replied 3 years ago.
Thank you that is what I thought. Appreciate your assistance!
Expert:  Law Pro replied 3 years ago.
You're welcome. Good luck!!

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