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Can I force someone who defaulted on the purchase of my business to surrender the dba back to me?

I sold my business (landscaping) to a family member (first mistake) October of 2010. Last week, he decided he didn't want it anymore and "dumped" the equipment and workload at my feet. I was unhappy but I have contracts to fulfill so I picked up and moved forward. A week later, he decided he made a hasty decision and now wants it back. I'm not willing to give it back because of the way everything went down. Everything is VERY UGLY and any advice is appreciated. He refuses to surrender my dba because he wants the company back. What can I do?

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Answers (3)
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Freedom Business Brokers
Orange County, CA

Lauren
i couldn't understand the question in full. Did you go thru escow and the buyer dafaulted without
in the middle then the deal has not been consumated so all you do go to city and file a fictitious business name filing with the same name that existed in record. Chances are that if the escrow has not been completed you can get it back but city is very fussy about that,they don't like any changes
once filed. Make sure you both buyer and seller sign the cancellation of escrow and take that copy
with you to the city, that will make the things easier.

Feb 16, 2011
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The BAF Group LLC
MD

Lauren, to some degree, I agree with John. On the other hand, some of this is going to depend on documentation: What you sold; how it was sold; how he forfeited the business and equipment... But I am not a lawyer.

Regardless, I know that this is not something you can wait to act on, because what you do and in what timeframe could be vital! You need an attorney, immediately.

Feb 16, 2011
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wow--- that is ugly. There was a lawyer named Robert Cutler who posted a lot on here. maybe if he sees this post he will respond. I guess it depends on the terms of the contract. Did you finance him? If you got the money then why would you have to take back over? i am sure that there a ton of landscapers who would LOVE to take over your existing contracts. good luck. I wish I could help.

Feb 16, 2011

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