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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Real Estate Law
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I signed a contract with a linen company (i own a restaurant).

Customer Question

I signed a contract with a linen company (i own a restaurant). Since i signed the contract the company has sold to another linen company. I would like to get out of this contract. Do i have an opportunity to get out of the contract because the company i signed it with is no longer; its a new company.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Delta-Lawyer replied 6 months ago.
The answer to your question depends on the nature of the contract that you initially signed. Many contracts will have provisions in them that prevent assignment or transfer of services within the contract and allow you to get out of it altogether. That may not be the case here because the company likely was shopping the business and would not want to impeded that process. These contracts also have notice provisions to cancel the contract. In some cases, you can give 30 to 60 days notice and cancel the contract without there being a need for a default. Again, with this contract, I would be surprised if that is the case. Finally, I assume that you desire to get out of the contract because the new business is not meeting a need that is required of the service. If that is the case, then they are at fault and therefore in breach. If they are in breach, then you can give notice via certified mail with a return receipt and get out of the contract. Again though, look for language relative to notice. You may be required to give notice of the breach and an opportunity to cure the problem. If they do not cure the problem after being given proper notice, then you can cancel the contract and move forward. In short, the guidance should be in the initial contract and you must operate within those boundaries. Let me know if you have any other questions. By the way, I am a licensed attorney with over a dozen years of contract litigation experience. Please also rate my answer positively (Three or more stars). Best wishes going forward!
Expert:  Delta-Lawyer replied 6 months ago.
Just checking to see if you have any other questions or comments. I want you to be as comfortable as possible as you move forward. Thanks

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