WRONGED BY FRANCHISOR

[TOMPEZIS]

LAST YEAR I PURCHASED A FRANCHISE IN NYC
I WOULD PAY THE RENT DIRECTLY TO THE FRANCHISOR WHO WAS THE TENANT AND HE WOULD FORWARD IT TO THE LANDLORD. AFTER A YEAR THE FRANCHISOR/TENANT TOOK MY MONEY AND DID NOT FORWARD THE RENT TO THE LANDLORD. THE LANDLORD THEN BEGAN SUMMARY PROCEDDINGS TO HAVE ME THROWN OUT OF THE SPACE. WHEN THE LAND LORD WAS CONTACTED BY ME HE SAID HE DID NOT KNOW WHO I EVEN WAS AND THAT THE
TENEANT/FRANCHISOR IS THE ONLY PERSON ON THE LEASE. I PUT ALL MY SAVINGS INTO THIS FRANCHISE AND ALSO LEASED EQUIPMENT THAT I AM PERSONALLY RESPONSIBLE FOR. THE FRANCHISOR IS STILL IN BUSINESS AND IS STILL SELLING FRANCHISES ACROSS THE COUNTRY.
I WOULD LIKE TO KNOW WHAT CASE DO I HAVE AND IS THIS GOING TO COST ME ALOT OF MONEY TO START A LAWSUIT. ANY ADVISE WOULD BE GREATLY APPRECIATTED.

 

[Tracey]

You'd better get a lawyer immediately. You need to stop the eviction & start the lawsuit. You should also request a preliminary injunction requiring the franchisee to pay the back rent & fees so you don't get evicted. Your causes of action are breach of contract 7 breach of fiduciary duty (F was your agent for purposes of paying the rent & stole your money). You might also consider filing theft charges agaisnt F for taking your rent money & not paying the landlord.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected]