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Sale of Business - What rights do I have?

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  • Sale of Business - What rights do I have?

    What rights do I have to not accept an offer made on my business that I accepted on a private message. Their acceptance on the business was on condition the lease was suitable for them - they have been in talks with the landlord but has not been able to come to an agreement yet. I've not been happy with the way things have been progressing and wondered where I stood legally?
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  • #2
    I don't suppose you used the phrase "subject to contract"?

    Was the condition about the lease stated in the exchange of messages?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      Thanks so much for your reply. I didn't use that phrase unfortunately.
      The condition about the lease was mentioned by the other party - more about if they could come to an agreement about it they would accept. But as there's now some dispute about them wanting to change terms in the lease and the landlord won't change the lease - I just don't have a great feeling about it. And I wouldn't want to cause the landlord hassle down the line as we do have a good relationship

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      • #4
        Were the texts signed? I think it unlikely that texts satisfied the statutry requirements for sale and purchasse of land

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        • #5
          They weren't signed, it was just on messenger. Sorry for the lack of clarification - it's the sale of a business in a rented property

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          • #6
            dslippy there was a case a year or 2 back in which an email was deemed to be signed by the party for this purpose. That is not to say every email or message will meet the necessary conditions.

            To the OP: why not ask the other party if they would like to withdraw, given the issues with the lease.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              atticus thanks so much. Yes I suppose this is possible. My worry with this is they would say we wish to continue and then I would have to carry on with the sale. Better than not knowing I suppose.
              If I declined the offer at this stage based on not being happy with the current situation could they come back at me? Many thanks

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              • #8
                I could not answer that without seeing all relevant communications.
                Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                Comment


                • #9
                  Thank you, I totally understand

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                  • #10
                    Was this an exchange of emails ot texts?
                    A contract for the sale of an interest in land is not effective in law unless it is in writing and is signed by both parties, or each party hsa signed and delvered a matching copy.

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