Can you sell a HVAC company to a person who doesn’t have an HVAC license?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can you sell a HVAC company to a person who doesn’t have an HVAC license?

I sold my company to a guy who has been in the industry for 20 years but no license. HVAC. He has been using mine for almost a year. Can he say that is a breach of contract because he needed a liscense befor I sold to him? Secretary of state says you cannot work off of someone else’s license which I didn’t know and now I am sending a letter to cancel my license. We thought that he could use my license as long as I was an employee.

Asked on February 24, 2018 under Business Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

As a general matter, another party cannot use their own failure such as a failure to research the legal requirements to run this business, or his failure to obtain a license, as grounds to cancel or terminate a contract; only the other party's acts or omissions would allow that not his own. That said IF there is a written contract which states that you will maintain your license and allow him to use it, if in that case you cancel your license or otherwise deny him use, that would be a breach by you, and enable him to terminate the agreement. And if the contract specifically said he could use your license but doing so is illegal, then this was a contract to violate the law and contracts to do something illegal are void. The issue then is whether the contract says he could use your license, in which case it would be void or could be terminated; or if the contract was silent about the issue of the license, in which case the consequences of his failure to have his own license are on him and the contract is valid.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption