Legal Question in Business Law in Kentucky

Can we choose not to sell to a company?

Can we choose not to sell to a company?


Asked on 4/10/07, 1:39 pm

2 Answers from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: Can we choose not to sell to a company?

Sure . . .

Well, doggone it, it is actually more complicated than that. It all depends on the factual circumstances and you've really given the barest to go on. I know there is a business involved and I know there is selling involved. Beyond that, I'm gonna have to guess.

Unless there is some contract in existence, either written or oral, then you don't have to do anything except breath and pay taxes (actually breathing is optional too). Oral contracts are binding, but there are exception where they are not - such as in the statute of frauds.

One other possibility is if, through the course of doing business with a company, a reasonable expectation has arisen that the courts might construe as an implied contract, then you may have to sell whatever it is to whomever wants it.

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Answered on 4/10/07, 1:51 pm
Suzanne Van Wert Van Wert Brown

Re: Can we choose not to sell to a company?

I can only assume by your very broad question, that you have an ownership interest in a company. Depending upon how that company is organized and how much interest you have in it, you can certainly vote against any sale of the company, or take appropriate actions to have the company dissolved, if necessary.

You do not "have" to sell a company if you do not want to, unless there are other issues going on that you have not mentioned in your question. Then my answer might change.

I'm curious, now. Can you post more details?

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Answered on 4/10/07, 3:43 pm


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