Legal Question in Business Law in New York

hello, I am a concessionaire I signed up and paid to setup at a local fairgrounds for the week. I did so In part because of there website and talking to them over the phone I was lead to believe that I would be able to make good money in the location they assigned me.

After 2 days now I am finding that the attendance to be very low, no foot traffic near me , and the price other venders charge to be to low to turn a profit adjusted to the cost of the space. So I would like to know if I have a case for small claims court to get back my space rent based on a reasonable expectation - I know business is business some win some lose but that is why I paid so much to be there, so I wouldn't lose

Asked on 8/28/13, 7:56 pm

2 Answers from Attorneys

Marshall Isaacs Marshall R. Isaacs, Attorney At Law
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Did you sign a contract? I suspect you did but without reading it; you were probably very pumped-up and ready to sell, sell, sell and so you signed on the bottom line. If it makes you feel better, most small business owners make that mistake.

There's probably a section of the contract indicating that the organizer cannot guarantee the number of patrons expected or the amount of sales you will make. Pull that contract out and read it. If I'm wrong, repost your question.

As an aside, a lot of new entrepreneurs seem to have a misconception about business. That is that size doesn't matter. In the eyes of the law, you are deemed no less savvy than Donald Trump. Once you enter the world of commerce, all of the protections you had as a consumer no longer apply.

If there was no contract or if the contract didn't address the issues i've pointed out, call a lawyer immediately.

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Answered on 8/28/13, 8:41 pm
Marshall Isaacs Marshall R. Isaacs, Attorney At Law
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Correction: the above response should read "size matters."

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Answered on 8/28/13, 9:46 pm

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