Legal Question in Business Law in Florida

assignment of contract

A private country club is going to sell its golf course to a REIT who plans on operating the golf course as a semi-private golf course. They tell me that I can't cancel my membership that runs until 10/31/09. I signed a contract for a private course and would never have signed a contract for a semi-private course. If the quality of the country club experience is altered, is that grounds to terminate my membership without penalty?


Asked on 6/29/09, 9:53 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

Re: assignment of contract

You will need to read your membership contract to know your rights and responsibilities. I suspect, though I cannot know, that the contract contains provision which allow it to be assignable to the new owners. There may be early termination provisions in the contract, including penalty fees.

An attorney will need to review the contract to evaluate whether you may have any ability to terminate the contract based upon breach of contract (if changing to a semi-private course is a breach of contract by the owner) or other grounds.

As a practical matter, you say the private country club is "going to sell" the course. Is it possible that the sale and subsequent changes will not happen until after the end of October? If so, you may not have to worry. But, it is good to think ahead.

Please consult an attorney to read your contract, evaluate your rights and responsibilities, and help you determine a course of action.

Kind regards,

Sarah

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Answered on 6/29/09, 10:10 pm


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