Intentional interference with contractual relations, intentional interference with prospective business advantages and related torts are "hot ticket items" and general and punitive damages are almost unlimited. This exposure provides another reason both buyer and seller should involve their attorneys to a greater extent than just having them review the Buy-Sell Agreement.

Opinions as to Performance

Sellers inevitably opine how well a    5th wheel rvs  dealership will do with additional capital or a new owner and the courts have generally supported the adage "No one can predict the future" and refused to recognize a cause of action based upon one party's predictions, to the other regarding future events, performance, opinions, or intentions.

Statements such as "there are no bad franchises -- only bad operators"; the store was "a gold mine"; or that the buyer would make more money than before have been held "purely opinion, puffing, or conjecture as to future events" and as a matter of law not actionable.

Automobile dealerships are anomalies in the field of buying and selling businesses because by the very nature of the business both parties must be amongst the most knowledgeable people in the field, as the seller has already been qualified by both the factory and a financial institution as having that special knowledge and extra skill necessary to be approved as a dealer; and the buyer by virtue of the fact that the buyer intends to purchase the dealership has represented that he possessions the knowledge and skill necessary to obtain factory and finance approval, or that someone on his team possesses the necessary qualifications.

In Denison State Bank v. Madeira the defendant purchased an automobile dealership and in addition to refusing to pay his loan, he cross-complained against the bank alleging the bank misrepresented and omitted material facts about the dealership when he purchased it. In reversing a jury verdict against the bank the appellate court stated the defendant was a knowledgeable car man and although he testified he trusted and relied upon the Bank to furnish him complete, honest information, he could not abandon all caution and responsibility for his own protection and unilaterally impose a fiduciary relationship on the bank without a conscious assumption of such duties by the bank. See too: Kruse v. Bank of America where the court stated the plaintiffs could not have reasonably expected what they said they expected from the bank's promises and assurances.