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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I signed a contract with a company in the U.S. and it has an

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I signed a contract with a company in the U.S. and it has an assignability clause whereby I cannot assign it to anyone else without prior written consent and agreement of the Company. However, the "Company" has assigned it to another firm. Can they do that without my consent?
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Thank you for requesting me.

What does the contract say about this company's right to assign the contract?
Customer: replied 3 years ago.

This is a distribution contract for light therapy. The contract does not address the company's right to assign. The owner has health problems and has turned over the company to the inventor. However the new company now wants all distributors to sign and become a member of PMA (Private Membership Association) before they will fill any orders. Apparently the FDA has investigated the new company and has issued warning letters to them for making "off-label claims". I would like to know if I should get a contract lawyer to review everything and perhaps get my money back that I paid for my dealership.

It sounds like you best as they may be dangerous to deal with at this point.

There is no way you can expose yourself if they are being investigated.

You certainly didn't give them the right to assign your contract but if the contract was with a corporation and the corporation is being bought out you contract is still with the same corporation.

So I do think seeing a lawyer is your best next step.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-661-1095 or
403-228-1722 in Calgary

Let me know if you need any further clarification.
Debra and other Canada Law Specialists are ready to help you

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