Liability in the event of a Home Furnishing Store Takeover

Questioner

Good afternoon, I took over a furniture store on August 1. My question is: to what extent am I liable for not delivering furniture from the previous owner?

Lawyer

That depends on what you have agreed on. If you have taken over the home furnishings store including all the benefits and burdens, you are responsible for the correct settlement of all current contracts.

Questioner

Dear R. Martens, We took over the store debt-free (as stated in the contract). Now there is a customer who ordered a TV cabinet on 22 Oct 2011 and paid on 20 July 2012! but did not receive any furniture... now he is holding us liable to give the money back.. I am of the opinion that he should recover this from the previous owner.. The furniture is still on order?? MVG

Lawyer

If the customer is right, it seems that the seller did not tell the truth and therefore did not leave the store debt-free. I would advise you to discuss this with the seller because you do not want to start with an unhappy customer, even though you may be legally right.

Questioner

That is the problem. The selling party has indicated several times that he will pay, but he does not do so because he has nothing!!

Lawyer

Then the choice is yours. You can inform the customer that it was not you but the seller who entered into an agreement and that you did not take over the agreements of the shopkeeper. Or you can still deliver the furniture at your own expense and try to recover those costs from the former owner.

Questioner

Thank you for your information/advice!!