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I had commercial license in a market i was in arrears with…

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i had commercial license in...
i had commercial license in a market i was in arrears with the rent due to a data privacy breach was made to pay for rent whilst doing improvements to our shop a 10 day job became a 5 month nightmare i had a buyer for the shop we gave the buyer diclosure statements then on the following saturday i collapsed in the shop and admitted into hospital ,two weeks later issued more breaches for rent arrears and they terminated my license shorltly after that liquidation commenced can the lanlord put another operator in my shop using my equipment
Submitted: 7 months ago.Category: Australia Law
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Answered in 17 minutes by:
11/23/2017
Solicitor: Leon, Solicitor replied 7 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,704
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question today. I may ask a few questions. I can call you for an extra fee.

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Solicitor: Leon, Solicitor replied 7 months ago

Good Morning

The landlord can take possession of the shop but the lease does not allow him to take your equipment. They belong to you and if they do not have an order or an agreement that they own them, they are not able to do that.

Did you have a contract signed with the buyer for the shop?

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Customer reply replied 7 months ago
he signed a confidentiality statement and we were providing the financials
Solicitor: Leon, Solicitor replied 7 months ago

So there is no agreement to sell?

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Customer reply replied 7 months ago
they had filled out eoi then we were negotiating final price
Solicitor: Leon, Solicitor replied 7 months ago

That is not a contract.

A contract is signed by both you as the seller and them as the buyer and there is a price on the agreement

What you are describing is an agreement for them to do their due diligence before they enter into the contract and no disclose anything to a third party.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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