Need some legal advice.

Hi everyone,

I have some urgent questions. My girlfriend has a a coffeeshop, recently she decided to sell her coffeeshop. Yesterday she found people who want to buy her coffeeshop. So they deposit  1/4 of the total sum, and agreed to pay the rest of the sum monday evening when they will sign the final contract.

Today the "new owners" were talking with the owner of the building where the coffeeshop is located. In fact she is just the owner of all the rooms of the building, except the coffeeshop which is located on the groundfloor. The coffeeshop is in fact property of a friend of her and she just manages the coffeeshop for her.

Appartently the new owners of the coffeeshop didnt had a good conversation with the owner. I am not suprised about that, the owner is just a fucking backstabbing bitch, but anyway the owner agreed to sign the new contract with them. The problem  now is that the new owners of the coffeeshop dont feel good with her, and they would rather not sign the contract tomorrow evening.

So now we asking ourselves what we should do. They gave a deposit. So for me, they will lose that deposit anyway.
Can we force them to sign the contract? They agreed and signed paper and they gave a big deposit.
Is there any lawyer we can contact?

any other relevant solutions?

I am so furious about the whole situation, especially about the owner of that building, she scares away potential buyers. Anyway in this case, she want sign contract with the new people, so we cant do much about her I guess

thanks in advcanced,

if there are any english lawyers, specialized in Vietnamese legal system they can contact me too in pm.

thanks in advanced!

Maybe you can contact to this company grunkorn and partner law co.,ltd. They offers english lawyers and specilizes in vietnamese laws also. Mr. Wolfram 091 916 45 99. He is a very nice lawyer. Good luck to you!

This is less legal advice and more moral advice, and you're not gong to like it.

You shouldn't take their money. More specifically there is no morally righteous justification - whatsoever - for you taking their money.

YOU (or rather your girlfriend) chose to do business and/or to continue to do business with a person whom you describe as "a fucking backstabbing bitch". You knew her. The potential new owners did not. You and your gf need to buck up and accept whatever consequences go along with doing business with such a person (rather than trying to pawn that responsibility off to someone else via threat of keeping their deposit) whether that means taking longer to sell your business or being forced to sell for a lower price.

If I understand what you wrote about "forcing" them to sign the contract to mean you're not even content to swallow their deposit but want to force them to complete a transaction they are not comfortable with - for apparently very good reasons - I find that absolutely unconscionable as well as absurd (no: nobody is going to force them to sign the contract or remit the other 3/4 payment).

If your GFs business were worth what she's selling it for than you wouldn't be worried about trying to force someone's hand - you'd just sell to the next buyer.

Very shady dealings here and one of the worst and most disappointing posts I've seen on expat-blog thus far.

Your integrity (and that of your GF) SHOULD be worth more to you than any dollar figure. JMHO.

buithiphuong0305 :

Maybe you can contact to this company grunkorn and partner law co.,ltd. They offers english lawyers and specilizes in vietnamese laws also. Mr. Wolfram 091 916 45 99. He is a very nice lawyer. Good luck to you!

thanks

Nam_ :

This is less legal advice and more moral advice, and you're not gong to like it.

You shouldn't take their money. More specifically there is no morally righteous justification - whatsoever - for you taking their money.

YOU (or rather your girlfriend) chose to do business and/or to continue to do business with a person whom you describe as "a fucking backstabbing bitch". You knew her. The potential new owners did not. You and your gf need to buck up and accept whatever consequences go along with doing business with such a person (rather than trying to pawn that responsibility off to someone else via threat of keeping their deposit) whether that means taking longer to sell your business or being forced to sell for a lower price.

If I understand what you wrote about "forcing" them to sign the contract to mean you're not even content to swallow their deposit but want to force them to complete a transaction they are not comfortable with - for apparently very good reasons - I find that absolutely unconscionable as well as absurd (no: nobody is going to force them to sign the contract or remit the other 3/4 payment).

If your GFs business were worth what she's selling it for than you wouldn't be worried about trying to force someone's hand - you'd just sell to the next buyer.

Very shady dealings here and one of the worst and most disappointing posts I've seen on expat-blog thus far.

Your integrity (and that of your GF) SHOULD be worth more to you than any dollar figure. JMHO.

Hi, I understand your post and appreciate it.
and I must admit, I wrote this in a moment when I was absolutely furious. I calmed down now.
I know we cannot force them to sign, this I miswrote. I also know from a moral point, its absolutely wrong to keep their deposit. We cant blame them in fact, and in a way they also understood us, and they also proposed to give gave back like 90% of the deposit. In a way this seems to be fair (because they already start working today, so they make some profit) so its fair they accept a little loss on their deposit. My gf also agreed with that, but I am the one who find it hard to swallow. Especially if you have some bad history with backstabbing, dishonest vietnamese. I know you dont have behave like them, but I hope you also undertand my anger.

This whole situation gave me a lot of stress and than on the day after my gf find someone who want to buy, and when I was thinking to leave this whole business story all behind, this happen. I dont have to say, today is an awful evening.

Offcourse I mostly anger and extremely disappointed in the owner of the coffeeshop. We try to be very sweet, friendly, but its already the second time in one week she scares a potential buyer away.

there is no need to interfere. deposits are just what they are called. the potential new owners could loose the deposit. on larger amounts both parties will almost sure reach an agreement.
10-20 million might be a value, the canceling buyer gonna loose

A verbal contract is as good as the paper it is written on.

What does the receipt say?

The proposed new owner might say the intent was to place a 'hold' on the premises whilst she did a 'due' diligence. And, in doing her 'due diligence' she discovered your friendly neighbour.

Unless a contract for sale and purchase was completed, and witnessed, I suggest you give the money back less, say, a million for expenses.

Your problem that needs tackling is the other occupier/owner of the building. I suggest that she is either approached by your G/F OR you get a lawyer to write her a letter telling her to shut up or, in nicer terms, cease frustrating attempts to sell the balance of the building.

Interfering in trade is an actionable activity (unless it is done on the InterNet).

In this case, your buyer don't want to buy the coffee shop anymore. This is the most important problem. You need to know why and solve it. It is not just the legal problem, it is the relationship.
Absolutely, the buyer will lose their deposit if he/she retreat according to the Civil Code of Vietnamese Law. Base on it, you should convince her/him to sign the final contract. Everything has to have solutions, at least they won't lose the money.
I'm a Vietnamese lawyer but not good at English. If you need more help, please feel free p.m me and we will discuss.

Kindly,

Hey I'm glad you found a solution that's equitable to both parties and I apologize that my original message was unnecessarily harsh because I didn't fully appreciate your understandable frustration in this matter.

Jaitch has been in business here for quite some time he seems to know what he's talking about...

As for me I had aspirations to open a business here too and have some money I could invest but based on my preliminary research I've thus far decided it wouldn't likely be worth the headache, hassles, bureaucracy/red tape and increased exposure to risk. So I've decided for now not to explore the matter further but instead to work on an e-commerce business based out of the U.S. though I hope that I will still be able to hire a person or two here to help me work on that (I apologize for the aside but if anybody in the know wants to PM me any relevant info on that subject I'd be very interested in looking at it. These hypothetical employees would be performing basic tasks on the computer/online but it would not involve any goods being shipped to or out of Vietnam nor any trading happening in Vietnam).

I do have some idea what you mean about how many people do business here. I hope to not insult our Vietnamese friends...I continue to believe that most Vietnamese are hard working and honest (and I've had mostly positive experiences in my dealings with everyday people here) but in the business world as well as the government...I can't help but think that something is wrong. I hope the honest folks, both locals and expats, will continue to lead by example. I think you've done well to find a fair solution to your problem and hope you can get things resolved with the building owner.

Best of luck to you.

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