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My daughter and I have just started and online shop. Its…

Customer Question
Hi, My daughter and I...
Hi, My daughter and I have just started and online shop. Its only 2 weeks running and I feel she ha stolen the business from me. I found the suppliers and her fiance made a website and face book page for us. We both loaded the stock in shopify {Its a fragrance factory shop} and started selling. Yesterday we had a blow up and she has refused me as a partner. We agreed for her to carry the stock at her home until i was familiar with the programe. My husband loaned us R50,000 towards stock.Can she steal my business and leave me out in the cold. She is sitting with all the stock and i am left with nothing.
Submitted: 8 months ago.Category: South Africa Law
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Answered in 48 minutes by:
11/11/2017
Lawyer: CaseLaw, Attorney replied 8 months ago
CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,706
Experience: BCom; LLB; Masters in Law
Verified

Hi there and thank you for your question,

I will try to assist you with your legal question but please feel free to ask as many follow up questions in order to clarify your initial question. If you have a new question, you must please open a new thread.

No, she can't just "kick you out" of the business. There was an agreement between the 2 of you. You were going to be partners in the business. Run it for your joint benefit. That is surely the reason why your husband loaned you money in the beginning. Because you were a partner.

You need to write a letter to your daughter in which you confirm the agreement (i.e. when you agreed, what you agreed, set out the terms) and demand that she allows you access to the business.

If she doesn't allow you access, you will need a lawyer's assistance to enforce your rights.

What you could also think about doing is to have your husband formally demand the return of the loan. Then your daughter will be in a difficult position because she must either acknowledge your 50% share in the business, OR repay the loan...

I am afraid that I am not allowed to refer you to a specific attorney, however I can suggest that you can locate a suitably qualified attorney in your area who will be able to assist you with your query at Find a Law Firm specialising in Litigation (Civil). You can use the left hand menu on that website to refine your search to lawyers working in your area!

You'll need to speak to the lawyer directly about his/her charges as they vary depending on a number of factors. e.g. small firm / big firm, years of experience, etc ... but I am sure that you will be able to find one who is willing to work within your budget.

If my answer hasn't provided you with enough clarity regarding your initial question, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - don't just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,

CaseLaw

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Customer reply replied 8 months ago
We didnt have a written agreement. So how would that stand. But all emails and letter heads had our perfume logo with both names printed. She feels she did more work than me because she carried the stock and was a lot faster, we live in 2 separate houses. Are you in South Africa and quoting on South African law
Customer reply replied 8 months ago
She also pasted on Face book that '' my mom and I are starting a business together''
Lawyer: CaseLaw, Attorney replied 8 months ago

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will try to assist you with your legal question.

You don't need to have a written agreement, but it obviously helps.

You can have an oral agreement - it's fine. It just means that you need to prove what the terms of the oral agreement are. In order to bolster your proof, you can also rely on other evidence such as emails, letterheads, etc.

You should print out her FB post. That's excellent proof.

At the end of the day a court will need to weigh up the evidence and make a decision as to who is right, and who is wrong!

To me, it sounds as if you have an excellent case!

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Lawyer: CaseLaw, Attorney replied 8 months ago

Hi there again,

I see that you've NOT yet read my answer. Do you still need assistance?

If you have a further questions please can you rate my answers above as positive; and then ask further questions if you need clarity on the answer provided.

Regards

CaseLaw

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