- Original Poster
- #1
Hello everyone,
I'm new to this forum and feel a little guilty about asking for some advice on my first post but here goes;
Because of health reasons, I have recently tried to offload my rented premises and was approached by a set of 'professional business transfer agents'.
There is an absolute bar to assigning the lease so I told their representative and he asked me to bring it along at the second meeting whereupon he told me that because of new legislation I now had a right to assign it. I took this at face value and signed a contract and paid money for a marketing pack.
I have recently given the landlords notice to terminate and have been hit with a bill for selling fees off the agents because the contract stipulates I can't close the business, go bust, etc, etc. I was pretty naiive in letting him just explain the various sections of the contract without reading every clause before signing.
1)Anyway, is this contract binding as it could in effect not be performed because of this bar.
2)Also, is the agent or his representative guilty of professional negligence by giving me this advice.
3)They are arguing that he did not give this advice of course. Could he be guilty of negligence by not asking to see the lease if a court accepted that he did not give the advice? Remember that the building (as a bar/bistro) was essentially THE business.Without establishing that we had an assignable lease he could not ascertain that we had something sellable.
Another fine mess I got myself into.........
Any advice would be much appreciated.
Kind Regards
I'm new to this forum and feel a little guilty about asking for some advice on my first post but here goes;
Because of health reasons, I have recently tried to offload my rented premises and was approached by a set of 'professional business transfer agents'.
There is an absolute bar to assigning the lease so I told their representative and he asked me to bring it along at the second meeting whereupon he told me that because of new legislation I now had a right to assign it. I took this at face value and signed a contract and paid money for a marketing pack.
I have recently given the landlords notice to terminate and have been hit with a bill for selling fees off the agents because the contract stipulates I can't close the business, go bust, etc, etc. I was pretty naiive in letting him just explain the various sections of the contract without reading every clause before signing.
1)Anyway, is this contract binding as it could in effect not be performed because of this bar.
2)Also, is the agent or his representative guilty of professional negligence by giving me this advice.
3)They are arguing that he did not give this advice of course. Could he be guilty of negligence by not asking to see the lease if a court accepted that he did not give the advice? Remember that the building (as a bar/bistro) was essentially THE business.Without establishing that we had an assignable lease he could not ascertain that we had something sellable.
Another fine mess I got myself into.........
Any advice would be much appreciated.
Kind Regards
