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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 118082
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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We sold most of our publications (that we started over the

Customer Question

We sold most of our publications (that we started over the past 15 years) to another publisher in our town. The sale was over a year ago. The agreement called for us to sell them the publications, files, etc. and a special addendum was added for us to make ourselves and any information that might help in the sales of the properties to the new publisher for 6 months. That period of time ended in July 2015. We have kept all pertinent files, ourselves, etc. available until about November. We have heard nothing from the new publisher about needing anything from us for all of this time so we deleted the cloud based files that we were paying to store. Now today, well over a year from the sales date he is asking for electronic files which we no longer have, not hearing from him in all of this time. Is that a problem for us or for him?
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the agreement was that you were to make the information available for only 1 year and that time expired, then legally they cannot claim you are in breach of contract. You are going to have to inform them and attach a copy of the contract stating that you only had to hold them for a year and inform them that as that time expired, you no longer have the information and you deleted it and send them anything else you may have and tell them that is all you can provide. Tell him in writing that it is not your fault he waited beyond the 1 year time limit in the contract and you did not have to maintain the information beyond that time.
He cannot hold you in breach of contract if the contract said you only had to provide the information within 1 year of sale.