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Suing an LLC

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M

Marc Bellavia

Guest
I live in New York State.

Last year I sold my house to a LLC which was building a senior living community next door to my property. Before I signed the Purchase Agreement, I had a Memorandum of Understanding which I signed, as well as one of the Members of the LLC signed. This member is also the owner of the company which actually built the building for the Senior Living community.

One of the things we agreed to in this agreement, was that upon closing of the sale of my property, and the purchase of my next property, that the builder would repair and replace the current concrete driveway at the new property with a blacktop driveway, and I would only pay for the materials to do so.

Well, now the members of the LLC are giving me the run around, first telling me that they can't cover the cost of the labor, while I pay only materials. Then I call and talk to the member who signed the agreement, and find that he has passed the issue along to his son (another member of the LLC). He asks me what I think the agreement means...and I tell him. Then he swears at me, and tells me if I keep this up, he will "hang up the f'ing phone, and I will have to sue him for it.

Well, I am considering just that...

So, my question is this; who can I sue? Can I sue the Members directly (specifically the one who signed the agreement), or the LLC itself, or both?

Any help would be greatly appreciated....

Sincerely,

Marc S. Bellavia
 



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