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I sold my hairdressing business to an acquaintance. I typed the contract up and we took it to a JP to be signed...

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I sold my hairdressing business...
I sold my hairdressing business to an acquaintance. I typed the contract up and we took it to a JP to be signed and witnessed. She was to pay me $200 a week for the duration of the loan. If she got more than 2 months in arrears I could take the business back, sell it and recoup my losses. She is now 3 months behind in payment. Can I walk in and take the business back? How should I proceed with this.
Submitted: 1 year ago.Category: Australia Law
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Answered in 5 minutes by:
6/26/2016
Solicitor: Leon, Solicitor replied 1 year ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,410
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Good Morning.

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Did the contract say that you can take the business back if she did not pay?

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Solicitor: Leon, Solicitor replied 1 year ago

Good Morning

If the contract says that you have to give them notice that you are terminating the contract under that clause and taking possession.

You have to make sure that you follow what the contract says.

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Solicitor: Leon, Solicitor replied 1 year ago

Good Evening.

I am just following up my last post. Do you still need assistance?

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Customer reply replied 1 year ago
I'm sorry Leon. I have been really busy. Do I have to pay again to get more advice??
Solicitor: Leon, Solicitor replied 1 year ago

Good evening.

No. I am not paid yet because you have not accepted my answer.

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Customer reply replied 1 year ago
The contract said that if she was more than 2 months in arrears I could have the salon sold and any outstanding monies paid from the proceeds of the sale. She is now 14 weeks in arrears. She has agreed to hand the salon back but I know that she will get nasty if put under pressure. She wanted to stay in the salon until the end of July but she hasn't paid anything since 26 May and our contract states that she pays a minimum of $200 a week. There is an outstanding amount of $2,800, not including interest and rent money owed that I paid in advance for her. Total owing is $3960. She has also removed chattels from the salon that I have asked to be returned. I'm pretty sure I'm going to lose out. I have written a letter asking that she be out on the 7th July. I have spoken with the landlord of the building and they agree with this. I have told her that I will pursue this through small claims if monies are not paid and chattels returned. I have not delivered the letter yet. I am meeting with her on Tuesday. If there is anything else you can suggest I would be grateful.
Solicitor: Leon, Solicitor replied 1 year ago

Good Evening

I hope you registered the Salon on the PPSR?

You have to sue her for breach and get an order that you get possession under the contract.

You send her a letter demanding the money in 14 days and if it is not paid, then you will enforce the clause to take possession and sell.
This is how you have to pursue this.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

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Customer reply replied 1 year ago
What is PPSR?
Solicitor: Leon, Solicitor replied 1 year ago

Good Morning.

The PPSR is a register where you note your interest in the business. It is like registering mortgage but on businesses.

The Personal Property Security Register.

https://www.ppsr.gov.au

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Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,410
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Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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