How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 33810
Experience:  Retired (mostly)
10097515
Type Your Legal Question Here...
socrateaser is online now
A new question is answered every 9 seconds

I am in procesds of opening a car wash. The lot I am using

Resolved Question:

I am in procesds of opening a car wash. The lot I am using is a closed down gas station. Through a third party I am subleasing the property.
We had a completely agreed upon deal months ago, but as the days went on and my "friends" who are leasing it to me are realizing how profitable my venture will be and keep raising asking price, terms and back end payoffs.
After a few more weeks that they have been stringing me along to sign lease..Saying tomorrow and then again tomorrow. Atleast 8 times I was told make no plans and have your checkbook ready tomorrow. But to no avail it still has not been signed.
For personal reasons I was unreachable for less than 72hrs, He sent me a message pretty much saying, your out because we didnt hear from you and that they signed the lease themselves and that they are doing now.

First and foremost, neither party ha ever had any business doings in this field and have never wanted it.
Now they know my entire business plan, my operating procedures even how the cvars will be washed and customers be serviced.
I have had numerous contractors submit estimates for work to be done in the construction phase, I own a url and am in process of having page built. I started making purchases towards equipment, logos and necessities. Not including countless hours of preparation and research for business. Even joining the car wash association.
A do not compete was to be put into final lease that I have yet to see.
What are my options? They are trying to steal my business.
Submitted: 1 year ago.
Category: Legal
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about your unfortunate situation.

Can you please tell me what is your specific legal question for me?
Customer: replied 1 year ago.

What can I do about keeping them from pushing me out and doing this themselves. Months after negotiating the particulars and disclosing all my propreitary information and expertise.


BotXXXXX XXXXXne they were just supposed to sublease property. Now they are not leasing it they are just stealing my business plan/model and ideas.


This is far past just intellectual property. I have documented work done and even a copy of one of the original lease drafts.


I want either them to stop and let me open or a cease and desist and form suit against them..


what are my options?

Expert:  Alex J. Esq. replied 1 year ago.
I have to step away from my computer, so I will opt-out of your question at no charge.

Have a great day.
Expert:  socrateaser replied 1 year ago.
Hello,

Your "friends" appear to have committed fraud and breach of partnership. By inducing you to establish a business on the premise that you would have a long-term lease, and then stalling the final agreement while waiting to see if you were going to be successful, they made a false representation of fact, intended to induce detrimental and justifiable reliance and causing damage, and that is the classic definition of a fraud.

Assuming the fraud, you have damages against them on that legal theory -- however, because there was no true agreement to lease, your friends and you may have entered into a general partnership, which is an association of two or more persons to carry on a business for profit. Your friends contributed their lease and you contributed your business model and operating skills. So, you could also sue for an accounting and dissociation of partnership, and your friends would either have to buy you out, which could mean ongoing payments for your interest, or reinstate the partnership with you as an equal partner.

I'm noting this partnership theory, because if you sue for fraud, your friends may counter that there is a partnership, because the alternative is that you end up with a large damage award, and your friends with nothing. Whereas if they were to establish the partnership, then you would all be business partners and all entitled to a piece of the action.

You're going to need a business law litigation attorney. This is not "Judge Judy." If you want your business back, you will have to fight, and that will cost money -- both for you and for your friends. Considering just how much the litigation could cost, you may be able to reach a quick settlement to keep everyone out of court. But, without a lawyer writing a threatening letter, your friends won't believe you're serious, and they will simply ignore you.

For a competent attorney referral, see this link.
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 33810
Experience: Retired (mostly)
socrateaser and 5 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.