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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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My ex business partner is now refusing to sell me the busineses

Resolved Question:

My ex business partner is now refusing to sell me the busineses websites dispute it being part of the cessesion of the partnership & implied she could sell them to 2 other businesses who are potential competition. She did buy the websites with her own personal money not the businesses.
Is it worth perusing or can she do this?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Why is she refusing to sell them? What has happened to them?
Customer: replied 1 year ago.

Nothing has happened to them, she has broken the agreement we had, Can she do this?

Expert:  Ash replied 1 year ago.
But it was a partnership asset? She agreed to sell to you?
Customer: replied 1 year ago.

It was a tool to make the business function as well as it did but she paid for it with her personal money...I have paid the outstanding monies into our business account inc the cost of the websites & now she has decided that I don't want them because I started looking for new domain names to continue the business with as she was taking so long in transferring the websites into my name as a sole trader.

Expert:  Ash replied 1 year ago.
Ok. She agreed to sell them to you?
Customer: replied 1 year ago.

Yes, The cessation agreement was drwn up between ourselves, tasks that needed to be done to end the partnership....that was one of them....transfer the ownership of the websites, shes gone back on it, closed the websites & has implied, she could sell them to 2 other competitors.

I have paid for the websites via the business account, she has told me to take the value back out of the bank account but I'd rather not, as it will show I agree to not buy the websites & I have never said or implied I didn't want them.

Expert:  Ash replied 1 year ago.
You need to write and ask that she deliver them up within 14 days or say you will get a Court order. If she refuses then you can issue proceedings and would need to inform N1:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
The court would list the matter for hearing and decide whether to make an order asking her to deliver it to you. If she refuses this is breach of a Court order which could be contempt of Court and she can be warned, fined or sent to prison.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Thank you,

Would her selling the websites to the competitors be regarded as potential collateral damage?

What are the costs involved in a court order?

Expert:  Ash replied 1 year ago.
Potentially.
Costs for issuing the claim £280. To hearing it probably £545.
Does that clarify?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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