How can you get your money back for a land survey you paid for but not completed when the company was sold and new owner refuses to do job?

Answer 1

Laws differ from state to state, but the definition of the transaction is the same in every state. Basically, a business was sold, which may or may not have included the the transfer of ownership of the following; real estate (land and buildings), business assets and liabilities, e.g. operating capital to meet payroll, taxes and operational expenses, accounts recievable, vehicles, tools and instruments, ect, ect.) and any obligations to complete unfullfilled contracts. Pre-paid contracts pending completion would be considered part of the business assets, not an individual asset. Most states I know of use a 5 point basic principle of law to determine what constitutes a contractual agreement. 1. There must be an offer and an acceptance of the offer. 2. All parties to the agreement must be mentally competent and meet the state's legal age requirement. 3. There must be some form of compensation exchanged between the parties. 4. A binding contract/agreement cannot be an illegal act. 5. Written contracts (agreements) must be dated and signed by each party to the contract. However, oral agreements are just as binding as a written contract if there is sufficient evidence or witnesses to support it. In this instance, a cancelled check endorsed by the surveyor, or an authorized agent, is evidence of a contractual agreement. The next step is to find out if the payment and obligation for the survey was included in the sale of the business. The easiest way to find out is to ask for a copy of the sales contract if there was one. If the sale was brokered by a real estate company or if the transfer of ownership documents was prepared by an attorney they will be recorded in the County Court's Recorder's Office. If there wasn't a sales contract, there are other sources to verify the terms of the transaction. 1. Department of Revenue should have public records of the previous owner's tax obligations and payments. Ditto if there were employee payroll records. You'll probably need an attorney, but in the meantime, send a notice (by certified mail) to the previous owner demanding an immediate and full refund, or a copy of the sales contract that specifically holds the seller harmless from the claim you're making. It's much less costly and time consuming to to everyone if you can establish who's liable. 10 days notice to respond is reasonable and if the seller refuses or ignores the claim, take your cancelled check and your copy of the contract to an attorney.