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 Daniel Your Own Question
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5594
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
Type Your Australia Law Question Here...
Daniel is online now
A new question is answered every 9 seconds

I sold my share of my business in 2013, after doing so I asked

Customer Question

I sold my share of my business in 2013, after doing so I asked the landlord to have my name removed as gaurantor and the new owner would replace the guarantor she refused on the lease. Now the current owner stopped paying rent and the landlord is Persuing me
JA: OK. The Lawyer will need to help you with this. Anything else I can tell the Lawyer before I connect you two?
Customer: That's all
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.
HelloHow did you notify the landlord?Was there an agreement to have you removed from the guarantor title?
Customer: replied 1 year ago.
Via telephone and email. I have email correspondence between us with her refusing to remove me as the guarantor and replacing me with the new owners guarantor. How can I sell my business and not be allowed to remove my name off the lease and replace me with someone else?
Customer: replied 1 year ago.
The agreement was between myself and the new owners and then I tried to come to an agreement but the landlord refused
Expert:  Daniel replied 1 year ago.
HelloWell you are still named as guarantor. Sadly you are still liable then, as they refused to remove you from that obligation. Issue is, you are in business, a court would have significant issue with you walking away from something and not undertaking due diligence in having your name removed from the guarantor obligations. You would not be considered as an 'average person' but a business orientated person. Sadly you are liable
Expert:  Daniel replied 1 year ago.
Makes little difference with respect of the business owners, the contract is with the landlord. You need to make an arrangement with them. If you get sued, you can cross claim against the new business owners, but it is a cross claim, not a defence.