I had entered into a business relationship with my brother who stated I did not need to sign a contract that he would look out for my interests. A deal was made involving millions of dollars and I did not receive what I expexted close to 1 million dollars being the sales person is there anything I can do. I have email concerning the business relationship.
Country relating to Question: United States
State (if USA): New York
I have contacted a lawyer who stated they may be able to help me but I don not have the funds they requested 5000 retainer as my brother is not paying me from the deal.
Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.I am sorry for your situation. What exactly was promised and not delivered? Can you tell me more about the deal itself?This not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.
The deal involved selling Energy Efficient Lighting Fixtures and we could get 45 dollars a fixture as profit it would be split evenly between my brother his partner and the sales person being me. There was a deal reached for 115 thousand fixtures. It was also stated that if we could sell as a dealer we could be intilited to anything above the fifteen dollars I would be intitled to. He worked the deal and received in his words well abouve the 45 dollard profit we were looking for but I was capped at the fifteen dollar amount which I argued against. There were hundreds more per fixyure amde as profit. He had also given 100,000 dollars to his son and son in law out of my end as they were to sell and we would split profits only if they created income on there behalf which is not happening. They have yet to repay me going on four years now. My brother refuses to show me any invoices concerning the deal so I hve noe idea how much profit is being witheld.
Thank you, Robert.If you suspect Fraud on his part, then you may sue him for (1) Breach of Contract and (2) fraud.The elements of a cause of action for breach of contract are (1) the existence of a contract; (2) performance by plaintiff; (3) breach by defendant; and (4) damages. Blue Water Environmental, Inc. v. Incorporated Village of Bayville, New York, 13 Misc.3d 1211(A) (Table), No. 15809-04, 2006 WL(NNN) NNN-NNNN *1 (N.Y. Sup. Ct. Sept. 21, 2006)The essential elements of a cause of action for fraud are "representation of a material existing fact, falsity, scienter (intent), deception and injury" (Channel Master Corp. v Aluminium Ltd. Sales Corp., 4 NY2d, at 407, supra).The problem here is that you are telling me that parts of the agreements were verbal. If so, you would have to prove those parts by a preponderance of the evidence, which is 51% or over. This may be hard to do without substantial proof.However, very often, the threat of a lawsuit does the job without the need to even file. An attorney's demand letter will go a long way to show that you are serious, and will threaten to file suit unless your brother begins to cooperate. Such a letter coming from an attorney's office carries much gravitas and is often effective. It is about $150 to $200 depending on the attorney. The demand letter is not mandatory before filing suit, but is a good step to take. If it fails, you always have Litigation.I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. I work very hard to formulate an informative answer for you; please reciprocate my good faith. Otherwise, reply to chat more until we are finished and you are ready to rate. (You may always ask follow ups free after rating.)
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).