"does my partner owe me on a buy out?"


I have left a business that my brother and I started 5 years ago. With the current housing economy our company could no longer sustain both our families. He had a recent home equity line that he was able to use until business picked back up. It has now been 5 months and we are tying up loose ends.

He feels that since I left he owes me nothing for the business. I believe that since he has been operating under my contractors license I am still owed a buyout value and have equity in a company that will potentially end 2008 earning a net cash flow of 100,000.

He would like me to sign over my share to him for zero money.

This is by far a slow year, years past our net cash flow has been 3xs that amount, that we have typically split. We have no debt to speak of only payment on 35,000 dollar work truck.

Am I at fault to believe I am owed on the future earning potential of the reputation and business contacts that I have been an intregal part of? As I said before, the contractors license belongs to me.

Thank you in advance for your insight.

If Any one has a comment, much gratitude, need to be done soon.
Thanks.

I'm assuming you didn't have a partnership agreement with a buy/sell or liquidation clause in it.

Not knowing what each of you brought to the table in the beginning makes it difficult. If he put up the startup money, and working capital and you provided the license, I'd say you're probably even.

If I were your partner I "think" my position would be. I'm the one that got and am responsible for the loan to sustain the business, without it...it would be gone. I would probably try to work out a deal, probably on a percentage basis to "rent" your license for a period of time. This is something I can do pretty readily with anyone else...Then it's just a matter of what the percentage should be. My buddy has a drain cleaning and plumbing business and he rents the license of the guy he bought the business from for 10% of the labor on plumbing jobs only, since in my state you don't have to have a plumbers license to clear drains.

All indications are the current economic climate is going to be around for at least a couple more years. That may limit the future potential of the business.

This isn't the only way to handle it, but it's the way I would. In either case...whatever you agree on...have a lawyer draw it up for you.
Denny