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Didn't live up to his contract

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dmhmny

Guest
What is the name of your state? New York

Ok, here is my problem. I purchased a landscaping business for $25,000, which included machinery (truck, lawnmowers, and industrial blowers) and 64 clients. I put down $8,000 as a down payment on April 15th, the remaining $17,000 to be payable by May 1st.

Two days after I purchased the business, the truck broke down. it cost me $4,000 to fix it. And the industrial lawnmower needs the spark plugs replaced every week. These are things that the previous owner knew and failed to tell me prior to me purchasing the business.

Also, I was only shown 23 of the 64 clients that were guaranteed to me, 7 of which refuse to pay me after I've already done the job, and they've signed the contract. Simply because the previous owner has called them and told them that I charged too much. They've told me that he's said to "hand him the bill".

I made many calls to the seller, but didn't get any calls back until a week after May 1st. He called to collect the $17,000, but I told him I needed to talk to him first.

We had a meeting with him and his wife (why his wife was there is beyond me), in which I told him the situation. That I thought the "right thing to do" would be for him to discount the amount owed to him, because
a. he sold faulty equipment, knowingly
b. he didn't sell 64 clients
c. he's been tampering with the clients he did sell

He openly admitted to each of these and was prepared to make a deal. His wife protested and no deal was established. He said he would call me that night. Instead, three days later I received a letter from his attorney...I am being sued for $17,000.

I want to know, what can I do? I know I must get an attorney, but do I have a case at all?
 


HomeGuru

Senior Member
dmhmny said:
What is the name of your state? New York

Ok, here is my problem. I purchased a landscaping business for $25,000, which included machinery (truck, lawnmowers, and industrial blowers) and 64 clients. I put down $8,000 as a down payment on April 15th, the remaining $17,000 to be payable by May 1st.

Two days after I purchased the business, the truck broke down. it cost me $4,000 to fix it. And the industrial lawnmower needs the spark plugs replaced every week. These are things that the previous owner knew and failed to tell me prior to me purchasing the business.

Also, I was only shown 23 of the 64 clients that were guaranteed to me, 7 of which refuse to pay me after I've already done the job, and they've signed the contract. Simply because the previous owner has called them and told them that I charged too much. They've told me that he's said to "hand him the bill".

I made many calls to the seller, but didn't get any calls back until a week after May 1st. He called to collect the $17,000, but I told him I needed to talk to him first.

We had a meeting with him and his wife (why his wife was there is beyond me), in which I told him the situation. That I thought the "right thing to do" would be for him to discount the amount owed to him, because
a. he sold faulty equipment, knowingly
b. he didn't sell 64 clients
c. he's been tampering with the clients he did sell

He openly admitted to each of these and was prepared to make a deal. His wife protested and no deal was established. He said he would call me that night. Instead, three days later I received a letter from his attorney...I am being sued for $17,000.

I want to know, what can I do? I know I must get an attorney, but do I have a case at all?
**A: hire an attorney and file a counterclaim.
 
D

dmhmny

Guest
The only paperwork I have is the contract we signed stating that he was selling his business to me, that I was putting an $8,000 down payment and that he was still owed $17,000 payable by May 1st.

I also have the receipt for all the repairs, but I don't have any written proof of the conversations we had.

Do you think this would be a major problem? I do have witnesses...don't know if I'll need them.

I did contact an attorney already. I'll be faxing my information to him tomorrow morning.

Thank you.
 

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