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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33734
Experience:  Began practicing law in 1992
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I took over a franchise for a guy who was being forced out

Customer Question

I took over a franchise for a guy who was being forced out of his location. He said he would give me the transfer as part of the deal. Everything at this store is in my name except the franchise which is in his brothers name. I have a signed paper by the brother stating I bought this store and I have been the one contacting the corporation for a year. Still no transfer. Now the guy I bought the store from is withholding the transfer until I sign an agreement that I never agreed to. Can I sue the franchise for allowing him to do that? Even though he holds no legal rights here?
Submitted: 8 years ago.
Category: Legal
Expert:  Dwayne B. replied 8 years ago.
If I understand your facts, there is no cause of action against the franchise company because you don't have any agreements with them until the transfer is complete. You can sue the guy you bought the store from and ask the court to order him to sign the transfer or enter a declaratory judgment that the transfer has been made even though the man is refusing to sign the transfer documents. Your attorney's fees are probably recoverable as well.

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