Forced to sign promise note by franchisor. I never mailed him the original with the singature. Do I have to pay him?

Business 9 views 3 answers
The franchiser forced me to either pay him via a promissory to buy out of my agreement. or He was going to make me switch to different franchiser, who did not follow the terms to the original agreement, or lose my customer database, which would have basically crippled my business. He sent me a promissory to sign for 60k. I sent him a pic of where i had signed. but never sent him the original. the original also does not have his signature on it. Does he have a legal right to payment?

Attorney Answers

3
Gregory Wood ·
You should contact an attorney in your area as to the application of the law to your specific facts. However, a contract is the agreement between the contracting to parties to do or not do something in exchange for doing or not doing something. The agreement can be evidenced by oral statements or by any writing. The exchange or original signatures are generally not required for commercial agreement of the type you refer to but may be in your state. A copy of the signature is generally deemed to be as good as the original unless there is a challenge to the authenticity of the signature. Since you concede the signature is authentic, the fact that he does not possess the original of the signed note would generally not work as a defense to payment. The fact that your copy does not have the franchisor's signature is unlikely to work as a defense. The franchisor sent you the note and is apparently attempting to enforce its terms based on your acceptance of it. You should seek out a contract attorney in your state to evaluate this situation under your state's laws.
0 upvotes
Allan Armstrong ·
The answer to your question is too complicated for a simple answer on this forum. A lawyer needs to carefully review the rights and obligations contained in the agreement.
0 upvotes
Lisa Littell ·
Call Steadman Sheely. If he can't help you, he will tell you who can.
0 upvotes

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