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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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We own a permanent food stall in a market under a license

Customer Question

We own a permanent food stall in a market under a license agreement. The market owners have continually brought in many casual and new food trucks and other food stalls to compete with us each week. We are struggling to meet the rent each week for the past several months as there is little to no foot traffic coupled with the fact that we get a reduced income because of the competition. The market owners simply refused to speak to us, reduce the rent, allow us to air our grievances or address issues we have with the things like water leaking, etc. Under our contract we have exclusive right to make and sell pizzas. We have this in writing and have had many verbal conversations with the owners and their agents. They allowed another pop shop pizza stall to be set up way at the back of the market so that we did not know. We eventually found out and were not happy. We feel that they are interfering with our trade and continue to neglect us by exploiting other casual food trucks who are allowed to trade at a reduced rental. We want to write them a letter. What are our rights?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Legalease replied 8 months ago.

Hello there --

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Do you have a written license agreement setting forth all of the terms and conditions of your license and the exclusive rights you mention above?

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MARY

Customer: replied 8 months ago.

The written agreement is poorly written and we have written "the food" as per our verbal agreement with the market owners which they have told us to do. can i email you a copy?

Expert:  Legalease replied 8 months ago.

Hello again --

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I notice that you put CA as the state, but that the question is routed through Australia. Is the food stall in California or in Australia ? I want to clear that up before we proceed because if it is in Australia, I cannot help you but I can transfer you to our Australia website.

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MARY

Customer: replied 8 months ago.

California. The license agreement is for 12 months. We paid over $35,ooo for it. The Market owners continue to jeopardise us by not supporting us, bringing in outside food trucks and stalls and misleading us that we will make a lot of money here. I have proof with the contract, verbal agreements and record keeping. i know its my word against theres but there are a lot of market traders here not happy. i do not care about other food trucks they recruit to exploit in the market but having another pizza stall that is set out in the back who are paying a significantly less amount of rent - mind you our rent is very high $400 a week, there's is less than $100 - we simply cannot compete and our losses in sales have been continuing. this is not the first time we have spoken to them. they choose to ignore, do nothing and delay. we are at a loss. we want to see if we have a case or can threaten court action of misleading and deceptive conduct or interference with trade. we are up to date with all our rent.

Expert:  Legalease replied 8 months ago.

Hello again -

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Okay. I can take a brief review of the contract for you if you want to attach it here to the text box. Please keep in mind that even though it may have been poorly written, a court will hold both parties to the contract and will only permit evidence of clarification on any written point to be introduced if the language is completely unclear. And, any verbal contracts entered into to change a point in the written contract will not be enforced by a court. There are a lot of legal construction rules when it comes to contracts and enforcing them in court and I will have a better handle on what you are dealing with here once I review the contract. (Just FYI, if a customer requests contract or document review or assistance drafting legal documents, I am actually supposed to submit the customer to the customer service department and each additional service beyond a question and answer session is additional charges --- however, I am going to go ahead and take a brief review of the contract so that I can answer your questions here. I may have difficulties printing it here so if you could send it to me at marymeaden at Comcast.net also I would appreciate it -- I prefer to read documents like that in hard copy and not from the screen if I can avoid it).

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MARY

Customer: replied 8 months ago.

i just need help with the letter and expressing these issues as i need to provide it within the next few hours. can you help? im afraid the license agreement has nothing we can do in our favour as it is one sided. if we didnt know how bad it was we would never have signex.

Expert:  Legalease replied 8 months ago.

Hello again -

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If you need it that quickly it is better if I opt out and put the question back onto the board for another lawyer to pick up if they are able to do so. I am located in MA, USA and it is about 3 am here right now and so I do not want to give your questions and what you need short shrift because of the timing issues.

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MARY

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Customer: replied 8 months ago.

yes i need someone elses help

Customer: replied 8 months ago.

i not happy with the service. can i get a refund?

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