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One of those WTH days.
Topic Started: Oct 25 2012, 05:15 PM (1,473 Views)
FlashGordon
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Guys, the lawyers are driving me nuts.

The larger issue is, our lawyer is my brother, as well as two other attorneys at his firm. My dad pushed me to use him and I think it was a very bad idea. I won't get into specifics.

We're coming down to a time crunch-- if we can't close this deal by January, I am not sure how we can possibly go forward. At this point I'm going to end up with a load of legal fees and no property or business.

I am pretty good at persevering but today it just seems like The Impossible Dream.
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WhySoSerious
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Hugs Flashy and lots of good thoughts!
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FlashGordon
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Thanks WSS! Just need to vent I guess! ;)
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jn4jenny
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Hugs to you, FG! I think we all have those days. You'll pull through this, just like you've pulled through all the amazing and impossible things you've faced in the last few years! I look forward to seeing a smiling picture of you on Facebook next spring at the entrance to your beautiful summer camp. :)
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FlashGordon
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Thanks Jen..... by the way, I miss chatting with you and I hope you are doing well!

Hopefully we can sort it out, one way or another. :mallet:

In the scheme of life this whole thing is a small, first world problem. ;) No one will die if this doesn't happen. It would just be really great if it DID happen. :)
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MayaTy02
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ugh, that sucks, but hopefully it will move on soon. Where are you in the process?
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JanM
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I truly believe this will happen. But if it doesn't maybe your place isn't there, but something better. This isn't the only camp out there, and if things don't get settled then maybe it wasn't meant to be. Things will work out the right way, and I think it will happen soon. Just as an alternative path start looking around for manager positions at camps in other locations, and that way you will have a backup plan, and worst case you will all get a chance to look around, while getting more experience. Just look but don't actually apply, and that way you can change direction quickly if it becomes necessary. I think interest rates will stay very low for a long while, and the inventory of properties is still huge, so if you look around you might find a better fit.

I think your brother is trying to protect you, but if he keeps irritating you flick mashed potatoes at him at Thanksgiving, and you'll feel much better.
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FlashGordon
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JanM
Oct 25 2012, 06:01 PM
I think your brother is trying to protect you, but if he keeps irritating you flick mashed potatoes at him at Thanksgiving, and you'll feel much better.
LOL!

We still have no contract. The attorneys keep rewriting it. They are going back and forth and getting stuck on really ridiculous things.

Our loan app and business plan is at the bank. The financing can't go any further until they have just a DRAFT of the final contract, not even a signed copy. We apparently, I am told, are not even close to a final draft yet.

It has to do with the fact that we are purchasing the property, and some assets. In hindsight, we should have just bought the property and started from scratch or negotiated the assets after the fact. The assets are what are holding up the deal. I think honestly she probably would have left the assets if we had offered X amount total, but we broke it up as we did for financing purposes, as we were worried about property appraisal. The bank however doesn't think property appraisal will be an issue. I guess if we had known that, we would have worked things differently.

I just don't know how this is going to get done in a reasonable amount of time. Time is of the essence... other camps are already enrolling, and the bulk of registrations essentially occur between Jan - March.

If it doesn't happen, it doesn't happen. Not meant to be I guess. Would just be disappointing after all the time, effort and money invested thus far. :shoot:

Edited by FlashGordon, Oct 25 2012, 06:27 PM.
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Indy
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:jingles: :jingles: :jingles: that things will work out for you guys!

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gunnar
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Awe FG! Big jingles!
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Onelanerode
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Oh FG.

Obviously I don't know the gory details, but even though he's your brother, you're paying him for a service and you should be treated just like any other client. If it needs to be done by X date, then it needs to be done by X date.

If this does go through, it would probably be best for peace of mind and family harmony just to use another law firm for your legal matters in future. That makes it easier to keep things businesslike and not let them get personal.

Hugs to you.
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Trialbyfire
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I have to agree with OLR...your attorney should work for you, not against you. Instead of them telling you *it can't be done*, they should be giving you suggestions for things that WILL work. That's part of why you hire them!

Is it possible to renegotiate at this point the assets out of the contract and write a separate contract for them? It seems to me that the owner might be willing to renegotiate rather than have the whole thing blow up?

Obviously if you buy the property, you are going to want the assets too....so a big change in the contract shouldn't scare the owner away? What would keep you from just "re-doing" the offer?

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Little Diva
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Sending you lots of hugs FG. I do not know anything about contract law and the purchasing of such a property, but I do know that lawyers can drive you crazy. Do you have the latest draft of the contract so you can go through it point by point and you can help move them along to some sort of resolution?
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FlashGordon
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My brother works for a very high profile firm. They primarily do business/corporate transactions on a scale much larger than our little business venture. But see this is also where the problem lies.... because they are greatly overcomplicating things. Example: insisting on a 90 day post-sale guarantee on the horses we are purchasing. What seller in their right mind agrees to that? I wouldn't. It's little crap like that which is bogging down the entire process.

He is young and inexperienced but very bright and rather ballsy... some would call him arrogant. He has an "I know best" attitude with me and thus refuses to want to listen to pretty much anything I am telling him, and makes decisions without consulting me. Not to mention the way he talks to me. The men in my family have a complex that women stay home and cook dinner and raise kids, or maybe work part-time as a secretary. God forbid they do something beyond that.... run along and play with your horses, little lady.... this isn't a real business anyway!

And we are paying them a lot of money.... it's not like this is a pro bono job here. My dad insisted we use my brother and this firm, as my dad had a business blow up in his face about 15 years ago due to a poorly written operational agreement. So now he is a big believer in making sure you get the best legal advice you can afford. Which I understand, but the dynamic between my brother and I is clearly not a good one!

By nature I am an "out of the box" thinker and I feel there are a multitude of ways we can get this deal done. Unfortunately my brother is very linear in his thought process and thinks there is only an A+B=C way to get this accomplished.

I dunno, we will see what today brings. I have a separate attorney/firm handling the sale of our house, I am tempted to consult him on the camp purchase.


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Trialbyfire
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Oh boy. Definitely can't hurt to get a 2nd opinion from another laywer/firm that you know. Especially if things aren't going smoothly...you don't want to look back and wish you had called the other firm as well.

I want a 90-day post purchase guarantee on The Mersch. Oh wait, I didn't buy him...but still.... :teehee:
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