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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27624
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I sold my business to a guy on terms that he was suppose to

Customer Question

I sold my business to a guy on terms that he was suppose to follow and now he isn't and he is costing me everything. He hasn't done anything in the contract , how can I forclose on this contract before he costs me everything I own
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.

Good afternoon. I certainly understand the situation and your concern. In a situation like this, where he is failing to comply with the conditions of the sale and the terms and condition stated within the contract, you could sue him for the breach. You could show he failed to comply with the agreement and as such, you suffered damages and want to recover. Moreover, if he is causing additional harm, then you could have grounds to seek an injunction as well and if needed, see about taking the business back, if his actions are having a negative effect on you with the only way to stop this being taking over the business again.

Customer: replied 1 year ago.
But in the mean time b4 I can get him in court how can I stop him from taking any equipment from the location because I have a feeling that is what he is planning on doing, and to bring u up to speed. The contract we signed , I believe he has altered , I have the original with signed copies and he doesn't and nothing has been put in his name and it's been a year since he took over and is there any way I can stop him immediately ?
Expert:  RealEstateAnswer replied 1 year ago.

You would need to proceed through the court and file for a temporary injunction. You would want to show the court that if he continues doing this, there will be irreparable harm suffered. If you have the original, that should control over any copies, which he may have altered as well

Customer: replied 1 year ago.
Can I do this without a lawyer
Expert:  RealEstateAnswer replied 1 year ago.

If you wanted to, you could. You are not required to have an attorney.

Customer: replied 1 year ago.
How do I do this without a lawyer ? Is there certain things that need to be done or how would I file these motions
Expert:  RealEstateAnswer replied 1 year ago.

It is going to be complicated. The clerk of court may have some of the forms but you are dealing with something a lot more complicated then small claims court. I 100% suggest you retain an attorney or you can draft the necessary motions on your own and handle it. If you are unsure about what to do, then do not leave it to chance and retain counsel. Also, your contract may allow to recover attorney fees if you prevail, so you could have him pay as well.

Expert:  RealEstateAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!