Business Law

Ask a business lLawyer. Get business law questions answered ASAP.

Ask a Lawyer,
Get an Answer ASAP!

I sold my business (bar) to a person I have a contract. He…

Customer Question
I sold my business...

I sold my business (bar) to a person I have a contract. He took over the first of DE em

Lawyer's Assistant: Has anything been filed or reported?

December and he was suppose to pay me for the bar the first of may. He turned over the key to the building last nite to one of my employee I went there this morning and when I went in the bar has trashed and a lot of the equipment was missing found out he sold it to some people for cash. My question is can I put him in jail for several Stealing No I haven't filed anything

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not right now I got my credit card now

Lawyer's Assistant: What state is this in? And when did the issue begin?

Noth carolina

Submitted: 1 year ago.Category: Business Law
Show More
Show Less
Ask Your Own Business Law Question
Answered in 6 minutes by:
4/17/2017
Business Lawyer: legalg, Attorney replied 1 year ago
legalg
legalg, Attorney
Category: Business Law
Satisfied Customers: 12,999
Experience: General Practitioner. Research Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Business Law Question
Business Lawyer: legalg, Attorney replied 1 year ago

I am very sorry to hear this.

In NC larceny actually involves stealing, or receiving, stolen goods. So if a person has claim of ownership per a contract that is generally not considered theft per the penal code:

http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-72.html

So the appropriate remedy is to sue in civil court for breach of contract.

An agreement must contain four essential elements to be regarded as a contract. If any one of them is missing, the agreement will not be legally binding.
1. Offer
2. Acceptance
3. Intention (meeting of the minds)
4. Consideration (fair value exchanged)

For breach of a contract, there is a material breach (goes to the very heart of the matter) and an immaterial breach (money damages will help compensate the plaintiff).

In cases of material breach, the party not in breach may revoke their acceptance, so goods/payment are returned.

For immaterial breach, the plaintiff is compensated by the defendant paying for the damages (ie cost of repair).

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Ask Your Own Business Law Question
Customer reply replied 1 year ago
It seems like to me he didn't pay for the business how can he sell the equipment
Business Lawyer: legalg, Attorney replied 1 year ago

Because the person who is on title as the owner can sell the property if the buyer has no knowledge of true ownership; the original seller would pursue the breach of contract remedy for financial damages since the party would be in breach of the original contract.

Ask Your Own Business Law Question
Business Lawyer: legalg, Attorney replied 1 year ago

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html

Ask Your Own Business Law Question
Was this answer helpful?
Ask legalg Your Own Question
legalg
legalg
legalg, Attorney
Category: Business Law
Satisfied Customers: 12,999
12,999 Satisfied Customers
Experience: General Practitioner. Research Attorney

legalg is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

1,851 satisfied customers

Experienced lawyer

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,611 satisfied customers

Run my own successful business/contract law practice.

MShore Law

MShore Law

Attorney

1,233 satisfied customers

Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

RGMacEsq

RGMacEsq

Attorney

751 satisfied customers

Licensed Texas General Practice Attorney

Barrister

Barrister

Attorney

646 satisfied customers

17 years practicing attorney, JD, BA, MBA

Ely

Ely

Attorney

577 satisfied customers

Counselor at Law.

J.Hazelbaker

J.Hazelbaker

Attorney

393 satisfied customers

Experienced and trained in the area of business law.

< Previous | Next >

Related Business Law Questions
I have a business in Reno and am considering hiring an
I have a business in Reno and am considering hiring an employee who lives in California. The business does do work in California, Truckee area. What are the payroll and legal considerations … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,432 satisfied customers
I have made a business contract in Saudi Arabia with a
I have made a business contract in Saudi Arabia with a Syrain business man living in Saudi Arabia ���� for his business located in USA ����. How can I make this contract proved and legal by the US aut… read more
Damien Bosco
Damien Bosco
Attorney
Doctoral Degree
4,504 satisfied customers
BUSINESS LAW - When is a contract breached?. If you have a
BUSINESS LAW - When is a contract breached? . If you have a contract that states, BIZ A will fix the hole in your roof on March 15 . On March 14, BIZ A calls to cancel the contract . 2 hours later, On… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,243 satisfied customers
A person starts a business but no business is conducted as
A person starts a business but no business is conducted as far as the registered business plan states. Personal money is deposited to start a business account and perodically deposited so the business… read more
Anne
Anne
Master Tax Preparer
1,328 satisfied customers
I have two businesses right now. The first business is a C
I have two businesses right now. The first business is a C Corp Retail Store with 49% Ownership. I have not taken a salary from this business in about two years because of slow sales. Now business has… read more
socrateaser
socrateaser
1,031 satisfied customers
I own a bar that's been here since the 1950s, and they want
I own a bar that's been here since the 1950s , and they want me to get a condional use permit now. We haven't changed names or owners. Can they do this ? … read more
Damien Bosco
Damien Bosco
Attorney
Doctoral Degree
4,504 satisfied customers
We have a business where my husband signed a contract
We have a business where my husband signed a contract selling 60% of it. In this contract states that My husband - The assignor - has developed and possess trade secrets and confidential information (… read more
Ray
Ray
Lawyer
Doctoral Degree
32,605 satisfied customers
A business cannot sue another business if the amount of the
A business cannot sue another business if the amount of the suit is over $5K. But, can a business owner represent against a suit if a suit is filed against the business. Basically, if I own my busines… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
732 satisfied customers
If a business owner has two businesses: business A and
If a business owner has two businesses: business A and business B. He is trying to take some profit from A to: ***** ***** B as well as paying some personal purchase. What this business owner should d… read more
Lori
Lori
Juris Doctor
1,333 satisfied customers
A friend of mine is looking for investors for his new bar.
Hi. A friend of mine is looking for investors for his new bar. He's successful in other bars so maybe not as risky as usual. Anyway, if I introduce him to investors what might be a typical finder's fe… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
732 satisfied customers
A partner and I started a business in 2014, but the business
A partner and I started a business in 2014, but the business never started up. We have no revenues or expenses we want to claim. We never filled 1065's but have a Tax ID, and a Business Certificate fo… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,432 satisfied customers
I entered into a contract with a business to act as a
Hello. I entered into a contract with a business to act as a fiduciary, PR and marketing for my start up. From the beginning, the woman said she would spend money as if it were her own, and she would … read more
legalg
legalg
Attorney
12,999 satisfied customers
I have a small business I have two contracts in a mine two
I have a small business I have two contracts in a mine two different planners asked me to do work I was told by several mine employees that one was the priority so I did that work the other planner go… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,107 satisfied customers
Regarding terminating a business contract with a billing
Regarding terminating a business contract with a billing company that processes our billing. Both I and my partner signed contract as required by our Operating Agreement for the business . The billing… read more
legalg
legalg
Attorney
12,999 satisfied customers
I'm starting a general contracting business in Chicago. I'm
Hello. I'm starting a general contracting business in Chicago. I'm considering forming an LLC as a holding company for future DBAs for each part of the business, including construction, cleaning/maint… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,210 satisfied customers
Question about business/contract law breach of contract and
question about business/contract law breach of contract and file a complaint I like to consult with an attorney preferably from ILLINOIS… read more
Damien Bosco
Damien Bosco
Attorney
Doctoral Degree
4,504 satisfied customers
A question about contract consideration. Hypothetical.
A question about contract consideration. Hypothetical.Please take at face value.Landlord and tenant enter into a commercial lease for 24 months for a commercial suite. Landlord obtains a personal guar… read more
RGMacEsq
RGMacEsq
Attorney
Doctoral Degree
751 satisfied customers
I sold my business (bar) to a person I have a contract. He
I sold my business (bar) to a person I have a contract. He took over the first of DE em … read more
legalg
legalg
Attorney
12,999 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

Show MoreShow Less

Ask Your Question

x