your opinions wanted

I started a new threadbecause this has nothing to do with any of the other threads about Neil Gubitz.

As most of you know by now I took over the Snake Pit from Neil.

Now before I signed anything with Neil I was told by Neil the following:

1] The landlord kept liability insurance on the inside and outside of the building.

After talking to the landlord later I was told differently.

2] Neil agreed to a "no competition clause" for the Tampa bay area.


I have had several people come in here to get feeders for their reptiles that they just got from Neil.

3] That the store owed noone money.

Global distribution (magazines) said differently.
Neil had a thing where people would pay up front for their feeders and in return they would get a free one, well needless to say Neil left owing people tons of money for rodents that they paid for.

4] Neil and I agreed on a price for the contents of the store (no animals) Once he was paid he took half of what I paid for

This is the short list.

Neil is not doing good at the shows or on the internet so he wants the store back so to get it he has called my landlord telling him to get rid of me. Been telling people not to come here so on and so fourth.

People do come in here and see that I have de- bugged the place remodeled it and that I have great prices, But the biggest complement I get is that Neil is gone.

The reason for this thread is to ask you all what I should do about Neil?

Neil is not doing good at the shows or on the internet so he wants the store back so to get it he has called my landlord telling him to get rid of me. Been telling people not to come here so on and so fourth.

You need some hardcore proof of this, statement from your landlord etc that he is doing this... which would be harrassment and probably a civil case if you can prove it.

I would also get the insurance matter cleaned up real quick.

It would probably be a GOOD idea to get some legal advice as well.

Just an opion!

You really need legal assistance at this point. The power of public opinion can do wonders for minor issues but your definitely in realm of legal action.

You really need legal assistance at this point.

I agree 100%

It would be in your best interests.

This is the stuff of civil litigation and seeking public opinion, one way or the other, simply serve to muddy the waters.

Dave,

Nothing verbal should have existed in the deal. That's why God (and his little angels, the lawyers) made contracts. Everything should have been spelled out: the inventory that was to be left on the premises, copies of the insurance and documentation of who paid for it, and certainly any non-compete agreements should have been in writing.

Did you buy the store on a handshake?

I'm certain this thread will get moved to General Business Discussions anyway, but what it comes down to is that whatever you have in writing is enforceable, whatever you verbally agreed on is probably lost.

If you don't pay for legal representation on the front end of deals like this, you normally pay twice the amount on the back end.

However, if business is good, and most people are thrilled that Neil is gone, I doubt he has much influence over people wanting to buy from you. You might want to decide if it's worth it to wage a battle based on verbal agreements, or just keep moving forward and making money.

Dave,

Well this is definitely something that should be handled with a Lawyer and not by a public forum. I like both of you guys but this is something that is serious.
One thing, I would be getting the Liability insurance corrected immediately if not sooner and then go from there. Was there anything in writing on the whole deal at all? While I can understand your desire of a no compete clause I am not sure what you can do. If he agreed to it in writing than maybe but other than that there is nothing that can be done about him selling as he is not a retail location open to the general public.

I would agree, Dave, legal counsel is a MUST at this point. And yes, if the agreements between you and Neil were verbal and not written out and notarized, chances are it's a lost cause.

I will say that non-compete clauses are usually fairly vague that I've seen. And are you sure the non-compete was that he would no longer sell animals period in Tampa, or just that he wouldn't open a competing retail store? It would be kind of stupid for him to sign an all-inclusive non-compete clause when his full intention after selling the store was to keep selling herps online and at shows.

On the insurance, I would get that knocked out lickety-split, as that is a VERY serious issue. Regardless if Neil was supposed to be taking care of it or not, it needs to be taken care of fast, quick, and in a hurry, otherwise it will be YOUR butt in the sling if something happens. So if I were YOU, I'd get liability insurance in there myself, NOW.

On the feeder issues that Neil left hanging, personally, I would give each and everyone of those people Neil's number and have them deal with him. I am not totally sure of the legal parameters, but those were deals made by Neil Gubitz, the former owner/manager of the Snake Pit, not by Dave Lawson, the new owner. Personally, I think deals made by Neil, need to stay with Neil.

If Neil is really telling your landlord to boot you out, then I would get a signed and witnessed statement from your landlord stating the instances that Neil has done this.

No matter what the outcomes of these leftovers are, though, I would just keep plugging along and making money if I were you, Dave. If the store is doing well and you have happy customers, just keep doing what you're doing.

Why is this thread on here?? It's just going to lead to more dave/neil drama....enough is enough....

I don't know, George. There's now nine posts to this thread, and you're the first one to bring it up in that light.

Personally, I think it ought to be in the General Business section rather than the BOI. Nevertheless, I think it was a ligitimate issue to raise, even if the answer Dave got was "go to a lawyer instead of a public forum."