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Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5772
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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6 weeks ago my husband was asked to take on the cleaning

Customer Question

Hi Patrick, 6 weeks ago my husband was asked to take on the cleaning for 3 offices, which was the remainder of a cleaning business originally owned by a friend of ours, who died 3 years ago. His son was doing these offices, & then got someone else in to do them while he was overseas. This person did not wish to take over as Jason was returning overseas probably permanently, which was when my husband started, with the understanding he would invoice them directly & Jason would bow out. Yesterday I received an email from Jason suggesting we pay him an amount we were to suggest, as we had taken over his father's business. This was the first time any mention was made of payment for the cleaning. I have checked on ASIC, and his business name is ***** ***** the ABN he uses does not come up, he carries no insurance, & there are no contracts in place for these 3 offices, nor ever has been. Apart from the fact his mother & I have been friends for 25 years, I feel he is out of line to reques
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.

I am having some difficulty understanding the question.
So your husband undertook some residual work for the cleaning business, then was going to be paid for that work, now the new owner of the business will not pay?

Customer: replied 1 year ago.
The understanding was that my husband was to invoice the offices directly himself for the work he is doing, which he has done, & is being paid by the offices, so that is all ok, but now the person who asked him to take over the cleaning is asking him for payment to buy the 'business'
Expert:  Daniel replied 1 year ago.

Thank you for that.
Under no circumstances must they insist on your husband buying the business, if he does not want too.
What an audacious demand?!?!?!
Even if it was agreed upon, your husband is at liberty to pull out of the sale.
That simple.

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Customer: replied 1 year ago.
My husband wishes to continue with the cleaning, but at no stage in the last 6 weeks was it suggested that he should pay for the privilege, that came in an email yesterday. Can they ask for money in this situation?
Expert:  Daniel replied 1 year ago.

They can ask, but it is not enforceable, as there is no basis for them to do so.

Customer: replied 1 year ago.
That was what I thought, and sadly by refusing to pay anything it will mean the end of a friendship, but he cannot ask for payment for an unregistered business with no contracts after the fact. I just wanted to confirm, thank you.
Expert:  Daniel replied 1 year ago.

Its sad it came to that.
All the best.
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Expert:  Daniel replied 1 year ago.
Expert:  Daniel replied 1 year ago.
Expert:  Daniel replied 1 year ago.