[WSBARP] Protection for Buyer

[Rich Holland]

Situation:  Buyer of Property with Business located on it.  Seller must transfer the license for the business within 6 months of closing.  Buyer is asking what 'protection' can they have if the Seller refuses to do so.  Issue comes up because Seller is doing a partial carry back (less than half the value of the allocated business) and Buyer feels like Seller is getting 'extra protection' for that (Note and DOT) and so wants something else besides the contract.  Any ideas brain trust?  I thought about some sort of provision added to the non-compete but I mean a complete 'bar' from the Seller operating after X amount time following closing seems unlikely to be upheld.

This is a total Friday afternoon problem.


Sincerely,

Richard L. Holland
Attorney, WSBA# 23921

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