Consumer Law, Warranties Sold a practice under verbal contract

[dramyg72]

Last August I sold a satellite practice to an upcoming doctor for $10,000. It wasn't much of a practice but had medical equipement including x-ray, so was a steal. We did a small buyers agreement on legal zoom, and had a verbal arrangement that she was to assume the leases (rent, copy machine, and credit card processor), and she was more than willing. After the aquisition, I noticed that although I had faxed her the lease assumption to the credit card processing, she had not assumed it and I was being charged. A few months of me badgering her lead her to tell me that her bank said i had no right to make her assume that lease and they could get her a better rate. The credit card processors will NOT let me cancel the lease because my practice still exists and this was a satellite practice. Although I was stupid with doing a verbal agreement ( I never thought she would be grumpy as I was giving her such a steal), I knew the credit card processor lease was a NON-Cancelable lease, as I learned that lesson early on in practice when I tried to cancel one and was stuck owing $5000. So now I pay $150 a month and have 31/2 years left on this lease. So I will end up paying over $6000 for this contract over the next few years. I have a witness of the verbal contract but it is my office manager, as she was the one that was helping this doctor switch all the leases. To date, the doctor will not return my calls. Do I have a small claims court case? Do verbal agreements hold up without written contracts when it comes to lease takeovers. I feel any judge could see the simplicity of this...but I am a doctor and am obviously an idiot when it comes to law.

 

[dee_dub]

Verbal agreements can hold up in court. The problem is proving them. It's your word and your office manager's (who is basically an extension of you) against hers. Given that she's been using the equipment for the past 11 months, it would seem to me you could convince a judge that she agreed to assume the lease of the equipment.

On the flip side, if she didn't assume the lease, she has no right to the equipment, and you should be free to remove it at any time.