VERBAL PARTNERSHIP

[SINDEE3825]

Four years ago my husband and I started a bussiness with my husbands brother. Three weeks ago my brother in law sold the bussiness. The day he walked in with the buyer was the day we found this out. We did not sell nor was we aware of this. From my understanding all that my brother in law and the buyer have is a bill of sale. We made it very clear to the buyer about the situation and all he says is that is between all of you. We spoke with our landlord that we lease from and he said that my brother in law violated his lease 'cuz he cannot sublease without all the parties agreeing to this and the landlord nor us agreed. The landlord wants to null the lease and make one out to just my husband and I because of what the brother in law did behind everyones back. My brother inlaw not only cut our throats but everyones involved. Seeing that we did not agree to this sale and don't want to give our buss. up what can we do to keep it? My brother inlaw was an absentee partner but handled the taxes, his name is on the lease with ours, and 1 buss. lic. was under his name the other ours. and all the utilities and etc. have always been under ours. Checking account is under mine and I am the only person named on the account. at this time we have control 'cuz no one has produced to us any paper stating otherwise. We need to get the upper hand and keep it but we are unsure how??? Any advice would be greatly appreciated. Thank you!!!
We live in Alabama. The partnership was all done verbally. Shame on us!!!

 

[I AM ALWAYS LIABLE]

My response

"The partnership was all done verbally. Shame on us!!!"

You answered your own concerns and questions. Next time, you'll use an attorney to create written agreements, won't you.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[SINDEE3825]

THAT WAS NOT MUCH ADVICE. I KNOW WHAT WE SHOULD HAVE DONE AND THE MISTAKES WE'VE MADE. TO LATE TO DO ANYTHING ABOUT THAT, HINDSIGHT IS 20/20. BUT NOW I AM DESPARATE FOR SOME REAL ADVICE ON WHAT WE SHOULD AND CAN DO NOW?? THIS IS MY BREAD AND BUTTER THAT FEEDS MY CHILDREN. I AM NOT ON HERE TO PLAY GAMES I NEED SOME ADVICE THAT MAY HELP.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by SINDEE3825:
THAT WAS NOT MUCH ADVICE. I KNOW WHAT WE SHOULD HAVE DONE AND THE MISTAKES WE'VE MADE. TO LATE TO DO ANYTHING ABOUT THAT, HINDSIGHT IS 20/20. BUT NOW I AM DESPARATE FOR SOME REAL ADVICE ON WHAT WE SHOULD AND CAN DO NOW?? THIS IS MY BREAD AND BUTTER THAT FEEDS MY CHILDREN. I AM NOT ON HERE TO PLAY GAMES I NEED SOME ADVICE THAT MAY HELP. <HR></BLOCKQUOTE>


My response:

Hey, I'm not here to play games either!! I was merely acknowledging your own conclusion, and agreeing with you. You couldn't have said it better yourself - - and you did.

Since you "put the cart before the horse" in this situation, you're only hope is to consult with an attorney - - and that's obvious, and something you should have done BEFORE you all put your livlihoods in jeopardy. What else do you want? I can't save you from here in Cyberspace. No one can.

You knew you should have had an attorney from the very beginning, but one or all of you thought you could do without one, and save some money.

Now, you're going to be spending some big bucks to save your business from your brother-in-law's attack against you.

Geez, what did you think? That there's some sort of Magic Wand to wave, or a sacred "Mantra" you can chant to get you out of this mess?

So, don't take your anger out on me, or anyone here. All because you know it's your fault for messing up in this matter, does not give you a right to take your anger out on anyone.

I think we're wasting each other's time, don't you?

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited September 18, 2000).]

 

[SINDEE3825]

I'M SORRY IF I IMPLIED ANYTHING BUT DESPERATION FOR SOME ADVICE. THIS WAS MY FIRST BUSS. VENTURE AND NOW AM MUCH WISER FROM MY MISTAKES. NOW I REALIZE THAT FAMILY CAN BE JUST AS DANGEROUS AS ANYONE WHEN IT COMES TO BUSS. I'M SORRY IF I IMPLIED ANY DISRESPECT. THANK YOU FOR YOUR INPUT.

 

[JETX]

Sindee, IAAL is correct in advising you to hire an attorney.

From your posts, it sounds like you could have a basis, but it is might convoluted; with two business licenses, etc.

Bottom line...
Get ALL of your paperwork, leases, agreements, etc. together. Whose name is on the business registration as the owner?? Is your business licensed with the state?? If so, whose name is on that license?? Who's name is on the lease?? If nothing else, that gives someone the right to rent the property. Who signed the bank account application?? Is your business incorporated?? If so, look at your Articles of Incorporation.

As you can see, there are far too many questions and issues to be resolved long distance and without the ability to review specific documents. Get an attorney, explain this entire situation to him. Listen and do what he says.

Best of luck, let us know how this turns out.

Oh, and get your caps lock key fixed &lt;BOG&gt;, nobody likes to be shouted at!!


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Steve Halket
Judgment Recovery of Houston
[email protected]
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!

 

[SINDEE3825]

Thank you!!! We already have our attorney's dealing with this. sindee