Can I sue my brother for wrogfully taking back a business?

UPDATED: Aug 10, 2011

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Can I sue my brother for wrogfully taking back a business?

I was purchasing a convenience store from my brother. I tried for 9 days to give him this months payment. He went to the courthouse on the 9th day and lied to them that payment was late. It isn’t late until 10 days. Now he has kicked me out of the building and taken back store. I have already paid rent on the building for this month. I have text messages where I asked him to pick up payment or when I could come by and make payment and he kept saying he would come by tomorrow.

Asked on August 10, 2011 Tennessee


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The facts supporting the question that you have written about are somewhat general preventing a specific answer about the business dispute that you have with your brother over the convenience store.

You can sue your brother for wrongfully taking back the business you are buying from him. Whether or not you prove liability and damages for his alleged wrongful actions is a different subject.

If you have a written agreement concerning the purchase and/or any lease of it, read it carefully in that its terms control the obligations owed you by your brother and vice versa in the absence of conflicting state law.

Your question seems to suggest that there was a lease and a purchase involving the business and the dispute seems to have started with rent payment issues where you were evicted from the building that the business you were purchasing from your brother is located.

Given the gravity of the situation, you should consult with a business attorney immediately about your situation and what your options and remedies are against you brother.

Good luck.

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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