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I am in procesds of opening a car wash. The lot I am using

is a closed down gas...
I am in procesds of opening a car wash. The lot I am using is a closed down gas station. Through a third party I am subleasing the property.
We had a completely agreed upon deal months ago, but as the days went on and my "friends" who are leasing it to me are realizing how profitable my venture will be and keep raising asking price, terms and back end payoffs.
After a few more weeks that they have been stringing me along to sign lease..Saying tomorrow and then again tomorrow. Atleast 8 times I was told make no plans and have your checkbook ready tomorrow. But to no avail it still has not been signed.
For personal reasons I was unreachable for less than 72hrs, He sent me a message pretty much saying, your out because we didnt hear from you and that they signed the lease themselves and that they are doing now.

First and foremost, neither party ha ever had any business doings in this field and have never wanted it.
Now they know my entire business plan, my operating procedures even how the cvars will be washed and customers be serviced.
I have had numerous contractors submit estimates for work to be done in the construction phase, I own a url and am in process of having page built. I started making purchases towards equipment, logos and necessities. Not including countless hours of preparation and research for business. Even joining the car wash association.
A do not compete was to be put into final lease that I have yet to see.
What are my options? They are trying to steal my business.
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Answered in 2 minutes by:
6/7/2013
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16,742
Experience: Experienced Licensed Attorney
Verified
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about your unfortunate situation.

Can you please tell me what is your specific legal question for me?
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Customer reply replied 4 years ago

What can I do about keeping them from pushing me out and doing this themselves. Months after negotiating the particulars and disclosing all my propreitary information and expertise.


BotXXXXX XXXXXne they were just supposed to sublease property. Now they are not leasing it they are just stealing my business plan/model and ideas.


This is far past just intellectual property. I have documented work done and even a copy of one of the original lease drafts.


I want either them to stop and let me open or a cease and desist and form suit against them..


what are my options?

I have to step away from my computer, so I will opt-out of your question at no charge.

Have a great day.
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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,498
Experience: Retired
Verified
Hello,

Your "friends" appear to have committed fraud and breach of partnership. By inducing you to establish a business on the premise that you would have a long-term lease, and then stalling the final agreement while waiting to see if you were going to be successful, they made a false representation of fact, intended to induce detrimental and justifiable reliance and causing damage, and that is the classic definition of a fraud.

Assuming the fraud, you have damages against them on that legal theory -- however, because there was no true agreement to lease, your friends and you may have entered into a general partnership, which is an association of two or more persons to carry on a business for profit. Your friends contributed their lease and you contributed your business model and operating skills. So, you could also sue for an accounting and dissociation of partnership, and your friends would either have to buy you out, which could mean ongoing payments for your interest, or reinstate the partnership with you as an equal partner.

I'm noting this partnership theory, because if you sue for fraud, your friends may counter that there is a partnership, because the alternative is that you end up with a large damage award, and your friends with nothing. Whereas if they were to establish the partnership, then you would all be business partners and all entitled to a piece of the action.

You're going to need a business law litigation attorney. This is not "Judge Judy." If you want your business back, you will have to fight, and that will cost money -- both for you and for your friends. Considering just how much the litigation could cost, you may be able to reach a quick settlement to keep everyone out of court. But, without a lawyer writing a threatening letter, your friends won't believe you're serious, and they will simply ignore you.

For a competent attorney referral, see this link.
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,498
Experience: Retired
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