Can I get my equipment back?

UPDATED: Oct 1, 2022

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Can I get my equipment back?

We sold our Motorcycle business back in November and they have not paid anything on it yet. They are being evicted by the landlord for non payment of the rent since they took over. They have sold a bunch of the equipment and we don’t what to loose the rest/ what can we do?

Asked on May 21, 2018 under Business Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can't get the equipment back from whomever purchased it, since if you sold it to them, they had the right to sell it (and the law will also not take it away from whomever paid fair value to buy it in good faith). You *may* be able to recover anything they have but have not yet sold since you can likely show that the contract of sale is terminated by their nonpayment (we are assuming that as per the contract or agreement of sale, they were supposed to pay something by now, but failed to make that payment), and a termination of the sale should return the things you sold to them back to you. You can also certainly sue them for any money they owe you for the sale of your business, as per the contract or agreement of sale. Consult with an attorney to explore you best options in this situation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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