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Richard, Attorney
Category: Legal
Satisfied Customers: 55442
Experience:  Attorney with 29 years of experience.
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I opened a restaurent with previous owners permit, i

Customer Question

hello, i opened a restaurent with previous owners permit, i run the restaurent for 2 weeks but the health ppl came to know and they gave me a citation ticket, i closed my business right now, i am in houston harris county,so what can i do
Submitted: 2 years ago.
Category: Legal
Expert:  Richard replied 2 years ago.
Good morning. My name is ***** ***** I look forward to helping you. Can you provide me a bit more information? Can you tell me why the health department issued the citation? Is it as a result of something you've done since the purchase or is it something that occurred prior to your purchase? Does it relate to the permit and its transferability? Thanks.
Customer: replied 2 years ago.
No , I changed the restaurant name , but my previous owner said I can start the restraint with the previous owners permit , so I started, but the helth ppl found that the business was started under the previous owned permit, this s wat happened
Customer: replied 2 years ago.
Only after getting the citation I came to know that the ownership s not transferable
Expert:  Richard replied 2 years ago.
Thanks for following up. You will want to handle this with a two-pronged attack. First, you will need to comply with the health department requirements needed to operate the business under the new name and as new owner. Second, you want to notify the previous owner of the issue, that you relied on his representation that you could operate the business under the existing permit, and that you expect him to pay you for any damages/costs you have incurred due to this problem. Inform him that should he not agree to do so, you will be filing a suit against him not only for breach of contract, but also for fraud and deceptive trade practices for misrepresenting the permit issue. In my experience, the seller will comply with your demands without the suit to avoid the risk of punitive damages, but if not, file your suit.
Customer: replied 2 years ago.
Do u know how much s the citation fine s going to be
Expert:  Richard replied 2 years ago.
I do not, but whatever the cost, the seller needs to reimburse you for that. You'll need to contact the health department to inquire not only about the citation cost, but also the cost of obtaining the needed permit.
Customer: replied 2 years ago.
I already submitted the documents for the permit to the Harris county wat ever they need, I am waiting for the permit now, within this period the previous owner said I can run the business this's wat happened
Expert:  Richard replied 2 years ago.
That's why the seller is going to be responsible for your damages for not being able to operate the business for the period from the date of your purchase to the time you get your permit, including your projected net profits that you lost. You clearly relied on the seller's misrepresentation and it's cost you the ability to operate your business during this period.
Expert:  Richard replied 2 years ago.
Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!

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