Business Good Will transfer of restaurant Business Good Will transfer of restaurant

5 years ago

I sold my restaurant good will with all equipments, fittings and fixtures. Also agreed to allow the new owners to take over my online accounts with aggregators like foodpanda Zomato etc. The property was rented and the agreement was done by the owner of the building (he is a lawyer). Since the restaurant is in basement, there's water logging issues. Now, the new owners are threatening me that they will file case on me for water logging inside restaurant and few equipments are not working. However, I clearly demonstrated all items and shared water logs inside while handing over. Adviced them to get the chambers repaired by the building owner. Please advice.

Prabhakara S K Shetty

Responded 5 years ago

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A.Answers to your problem should be found in the agreement you both did.
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Ambrose Leo

Responded 5 years ago

A.Once the handing over and taking over is taken place before witness and all are recorded are signed there cannot be a complaint later on. You can inform them accordingly, if need take assistance of lawyer from panel of Vidhikarya to safe guard your interest.
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Abhimanyu Shandilya

Responded 5 years ago

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A.What the agreement says about the the condition of the restaurant and equipment? Does it mention about that the equipments are sold in "as is " condition? Was there any clause on the due diligence to be done by the buyer before transfer and post transfer all the risk and liabilities get transferred? If yes, then don't worry nothing can be done to you. If no and the agreement still holds you liable for any loss made by the buyer then you can't help it.
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Anonymous

Replied 5 years ago

But, I'm not the building owner. Why should I be responsible for any water logging issues in the building?
And, the agreement didn't mention any items is working or not working conditions.

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Abhimanyu Shandilya

Replied 5 years ago

Had this been so simple then he would not have bothered you.
Consult a lawyer with a copy of agreement and get this resolved.

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Anonymous

Replied 5 years ago

Okay! Thank you Abhimanyu.

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