- Report: #1519548
Complaint Review: Blalock Walter - Bradenton Fl 34205, Sarasota Fl 34236 Florida
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Blalock Walter
802 11th Street West, 2 North Tamiami Trail #400 Bradenton Fl 34205, Sarasota Fl 34236, 34205,3423 Florida, United States
Phone:
9417480100
Web:
blalockwalters.com
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Blalock Walter Incompetent law firm screwed up counter complaint causing losses of hundreds of thousands of dollars Bradenton Fl 34205, Sarasota Fl 34236 Florida
Don't use this law firm!! They screwed up my case and I got ripped off by a fraudster Landlord
I was being sued by a Plaintiff fraudster(a fraudster is a person who commits fraud) Landlord, Developer Diversified Realty or DDR , who had written a lease for the operation of an existing franchised restaurant. The existing tenant wanted to sell his restaurant to us. The lease acknowledge the existing franchised tenant (a franchise is the license to operate the restaurant) was on the premises, who had to transfer the franchise to us to operate the restaurant with Landlord's approval.
We signed the lease first, but the Landlord didn't sign immediately. The Landlord then terminated the existing tenants lease terminating his franchise (license). Subsequently, the Landlord signed our lease, falsely stating the existing tenant was on the premises which was not true. The now prior tenant could not transfer the franchise (right to operate the restaurant) and we were screwed. We had a lease for a franchised Restaurant that we could not operate.
The franchisor told us to shut down or face a law suit. We had to default on the fraudulent lease. Five years later the Landlord sued us for non performance of the lease.
Fraud is defined as "a purposeful misrepresentation of an important ("material") fact, with knowledge that it is false, to a victim who justifiably relies on the misrepresentation; and who suffers actual loss including physical, financial or loss of rights”.
It was a set up by Developer Diversified Realty to victimize my wife and I for hundreds of thousands of dollars.
Charles Johnson of BlalockWalters, as a defense attorney failed to file a counter complaint against the Landlord for fraud and instead subjected us to a Mediation siding with the Plaintiff Landlord over the fraudulent lease and false complaint for non performance. The mediation over this false lease/complaint caused us to lose more tens of thousands of dollars to the fraudster Landlord.
2 Updates & Rebuttals
Robert
Irvine,California,
United States
Let me guess...
#2Consumer Comment
Thu, July 07, 2022
You didn't have an attorney handling your franchise agreement.....Did you?
One clause a company usually has is that it must approve any transfers. If they approved the transfer, the fact that the landlord terminated the other lease of the prior franchise would have zero effect on your lease and franchise agreement. So you either didn't have the approval or figured you would put the cart before the horse and get the lease before you got the franchise license.
The company was well within its rights to shut you down, and the only one responsible for any damage due to the lease is you.
As for this attorney, just because the case didn't go your way doesn't mean there is any fraud. I'm not even sure what you think you had a valid countersuit on and nothing you have shown here would indicate fraud.
Flint
Rolla,Afghanistan
Don't see the fraud
#3Consumer Suggestion
Thu, July 07, 2022
There is no fraud here. The landlord terminated the lease with the former tenant and signed it over to you. How else do you expect it to work? Leasing the same place to two different people at the same time would be fraud.
It sounds like the real problem is that you misunderstood how the franchise agreement works, neglected to get approval from the franchisor prior to transferring the business, and neglected to consult a lawyer to add the appropriate contingencies to your lease agreement.
But that's not the landlord's fault, it's yours. The lawyer encouraged you to go to mediation because you have literally no case whatsoever. You signed the agreement, therefore you have to abide by the terms. The fact that something else didn't work out for you is immaterial.
