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Problems with purchasing business

I am writing on your website in hope of finding an unbiased opinion as to what would be the best course of action for me to pursue.

I bought a business at the end of 2002. I later discovered that the previous owners did quite a few unethical things. I hope you can tell me if any of these things were illegal and if it would be worthwhile for me to sue them or if it would be better to press criminal charges if they did, in fact, break the law.

The previous owners lied to me saying the sales numbers for the second half of 2002 were not available. I found out much later that sales had dropped significantly during that time period. The result is that I paid considerably more for the business than was justified

They were selling refurbished equipment as new.

When customers sent in checks for invoices that they had already paid (duplicate payments), the previous owners kept the checks rather then returning them to the customers and then entered false invoices to match to the duplicated payments.

They were making cash sales and not recording them — at least one per month according to one of them.

One of the previous owners broke our contract by refusing to continue to train me for the amount set in the agreement, after the first month. Unfortunately, I couldn’t afford to lose him at that point, so I was forced to agree to pay him more.

I had asked if any of their customers were friends or family and they lied about this — at least one major customer who was a friend stopped buying from us as soon as the previous owners left and would not even take or return my calls.

I had asked how customer relations were and they lied saying that they were good - their home school district would not buy from them and then us. One customer call them shysters.

Had I known any of this prior to buying the business, I would not have purchased it. I’d like to get back the money that I paid for the business, hopefully this will be possible.

Please help.

Thanks,

S

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Attorney answers (1)

Reputation Level 10
You should seek legal advice from an attorney in your area as soon as possible.

Some of the issues that you mention could be prosecuted criminally - for instance:

1) Selling items as "NEW" when they were in reality refurbished - that is fraud
2) Keeping duplicate payments from customers and forging invoices
3) Tax evasion by taking cash payments and not recording

Many of the other aspects of your compaint should be handled in civil court. You should contact an attorney to deal with all the civil aspects of your case, breach of contract, etc...

As far as the criminal charges - I would contact the investigative division of your local police department. Depending on the specifics of your interactions with the previous owners - there may be cause for a criminal action. However, without more of the facts it appears that you have a case of broken contractual obligations that may allow you to recover and buyers remorse with minimal recourse for any promises not reduced to writing. An attorney in your area will be able to tell you exactly what kind of action(s) you can take in your jurisdiction and the value of your case - as well as the possibility of recovering your unexpected losses.

You should pursue legal assistance and an evaluation of your case immediately - before the previous owners disappear into the sunset and leave you to go down with the sinking ship.
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