Close

Already a BizBuySell Member?

Log In to Continue

Invalid log in. Check your user name and password.

Log In

Verifying...

Forgot Your Password?

Note: The email address you provided matches an existing account. Please log in using this email address and your original password. If you don't recall your password, click the 'Forgot Your Password?' link.

Are you new to BizBuySell? Become a Free BizBuySell Member

The Wall Street Journal Online

The BizBuySell Small Business Community

Get Expert Advice  ⋅  Share Your Experiences  ⋅  Find Local Service Professionals

I sold store, new owner defaulted on payments. I can put on notice, file suit but in meantime inventory gone!

I sold a furniture store, and the new owner is defaulting on promissory notes. I'm going to put him on notice, then file suit, but in the meantime, all of the assets are disappearing, so I'll get back a virtually worthless shell. What other actions can I take?

No User Photo
Terry Farulla - In Legal and Insurance - Aug 15, 2011
Industry: Furniture and Fixtures

Grafton County, NH
Answers (2)
William A. Price
William A. Price
Business Lawyer
www.growthlaw.com
DuPage County, IL

You need competent local litigation counsel to freeze assets, and to recover on any personal guarantees. You and the financing bank could put UCC liens on all items, and could cooperate to take back possession ASAP. The buyer may agree to reduce costs of litigation.

On inventory, is there any furniture manufacturer that would let you sell on consignment, until you can get sales back on track and return to advance ordering? Any way to recapitalize with lower cost loans and to bring in more salable stock? Any way to work with local builders and developers or hotels to pre-sell larger orders for when you're back? Any employees who could run the store well, while you work on sales/new money?

Every challenge is an opportunity, though rarely fun. Hope your defaulter turns out to be a non-fatal problem for the business.

Hope this helps,

Bill Price
wprice@growthlaw.com

Web reference: http://www.surfaceandpanel.com/articles/news/furniture-suppliers-north-america-showcase-products-cologne%E2%80%99s-interzum

Mar 26, 2013
No User Photo
Don Barrick

The BAF Group LLC
MD

Stop asking here and get yourself an attorney, pronto! What kind of a sale agreement did you have? What are your rights under that agreement? Did the Buyer sign personal guarantees for the note? Again, an attorney is critical, and fast.

Web reference: www.bafgroup.com

Aug 15, 2011

Start a Discussion

Ask the Community