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re: 'Fixer Upper's' Chip Gaines sued by former business partners for fraud
Posted on 4/28/17 at 11:19 am to Mo Jeaux
Posted on 4/28/17 at 11:19 am to Mo Jeaux
quote:
Agreed. I'm just procrastinating to avoid work right now. I have no idea what actually happened and don't really care too much, other than out of curiosity. I only know about the show because my wife watches it. I also think Joanna is hot.
You LSU business school alumni? They are having event 5/2, but I can't go
Posted on 4/28/17 at 11:20 am to thelawnwranglers
quote:
You LSU business school alumni? They are having event 5/2, but I can't go
No. I don't have a business degree, but wish I did. I have a law degree, but it's not from LSU.
Posted on 4/28/17 at 11:20 am to PearlJam
It's rather obvious the entire point of the lawsuit is to get the Gaines' to settle out of court.
They're looking for a paycheck, nothing more.
They're looking for a paycheck, nothing more.
Posted on 4/28/17 at 11:23 am to Centinel
to be honest I am intrigued by them being ruthless in business
Posted on 4/28/17 at 11:24 am to Mo Jeaux
quote:
Why would compensation necessarily be pushed through the realty company?
These questions I cannot answer
What I know is that Magnolia is a featured entity in the program, Magnolia essentially had no value before the program, a buy out was made
If magnolia essentially has no value, why not create a separate entity with no ties? I do not know.
But I am assuming that they pushed the work through the entity that is feature. Why it was decided Magnolia or it had to be Magnolia I do not know
Posted on 4/28/17 at 11:24 am to thelawnwranglers
quote:
to be honest I am intrigued by them being ruthless in busine
Me too.
Posted on 4/28/17 at 11:26 am to Ex-Popcorn
quote:The partners were aware of the possibility of a show and chip and jo anna had been working on it apart from real estate company for over a year.
1) They got a show.
Also, at the time they only had a 1 time 1 hour special.
quote:He could have created any entity for this and didn't owe a duty to his partners for this. They wanted to use the name Magnolia, but didn't have to.
2) They needed an entity to showcase and utilize for day to day operations so they could profit if the show took off.
quote:The only thing alleged that they didn't disclose was that a 1 hour special was actually going to air.
4) They did not tell the other owners any of the above
quote:The other partners, a lawyer and long time real estate broker new exactly what assets the company had.
5) They bought out other owners saying there were no assets.
This post was edited on 4/28/17 at 11:28 am
Posted on 4/28/17 at 11:28 am to PearlJam
quote:
He could have created any entirety for this and didn't owe a duty to his partners for this.
I don't think we know that one way or the other
Posted on 4/28/17 at 11:30 am to Mo Jeaux
quote:
Me too.
I am not a Christian hater, and all in for Jesus.
That said I love a good holier than thou power couple fall from grace.
Is that wrong?
Posted on 4/28/17 at 11:32 am to TheCaterpillar
quote:
That show is great and pisses me off at the same time.
"My budget is $180,000"
"Oh well we have this half acre on a lake with a 4 bedroom, 3.5 bath for 150k, which leaves us $30k to completely renovate the entire thing"
Is Waco that fricking cheap?
I've seen one episode and it must have been that one. It was ridiculous what they were able to do/get with the amount of money they claimed to be spending.
Posted on 4/28/17 at 11:35 am to tigerpimpbot
quote:
Lewis and Clark were equal partners with Gaines in founding the Magnolia Real Estate Company in 2007. The suit says that for the first six years, the company largely operated in Waco with a single real estate agent.......
quote:
Since the show debuted, the suit says, Magnolia has grown from a single-agent firm to one that employs “over 93 real estate agents
For 6 years, they had a single agent firm and then it explodes due to the talents of the Gaines fixing up/renovating houses. If this was a show about real estate firms then I could see some validity of the suit.
Lewis and Clark added zero value to the success of a an off-shoot business that basically had nothing to do with the premise of the HGTV show. The show was not, and is not, about a real estate company.
Posted on 4/28/17 at 11:38 am to Ex-Popcorn
quote:
there's a reason you're not a lawyer...you have absolutely no idea what fiduciary duties are. They exist. They are enforced. They are the subject of many disputes just like this one.
You're right but this argument is over only the realty company. Realty companies don't do construction work. Realty companies don't have interior decorators work for them. Realty companies don't sell furniture and decorations. Realty companies list homes for sale and then broker the deal.
Magnolia construction is seperate from magnolia realty. Magnolia designs (or whatever)is separate from magnolia realty
Posted on 4/28/17 at 11:43 am to ThePoo
Legally speaking, what is the purpose of a 'buyout'?
Posted on 4/28/17 at 11:47 am to Mr. Hangover
quote:
Legally speaking, what is the purpose of a 'buyout'?
What do you want it to be for? The reasons are numerous. Some agreements have drag-along provisions, where an interest holder can force other interest holders to sell their interests. Some agreements have tag-along provisions where an interest holder can cause all or some of their interests to be sold in connection with another interest holder's sale. Some have forced sale provisions in connection with a default.
Posted on 4/28/17 at 11:48 am to Jeff Boomhauer
Real estate is can get really shady
You can have the agent with ownership in title firm, realty company, property investment company, and even a lending company.
By monopolizing the market you can essentially guarantee profit to all entities by pulling in one client. Now their are safeguards in place preventing entities from forcing buyers to choose your other entities for work just because they choose one of your entities prior but in an instance like this those are almost meaningless. The buyer will use you for everything and it is perfectly legal with proper notice
It can get pretty complex, and we do not and will not know nearly enough details but I am guessing they will settle and do not want anyone digging around their business ventures
You can have the agent with ownership in title firm, realty company, property investment company, and even a lending company.
By monopolizing the market you can essentially guarantee profit to all entities by pulling in one client. Now their are safeguards in place preventing entities from forcing buyers to choose your other entities for work just because they choose one of your entities prior but in an instance like this those are almost meaningless. The buyer will use you for everything and it is perfectly legal with proper notice
It can get pretty complex, and we do not and will not know nearly enough details but I am guessing they will settle and do not want anyone digging around their business ventures
Posted on 4/28/17 at 11:50 am to ThePoo
quote:
Real estate is can get really shady
Residential real estate is a shady mess. My only experience with it is my own home purchase, but I'm thankful that I don't work in it.
Posted on 4/28/17 at 11:50 am to Mr. Hangover
quote:Legally speaking, there is no purpose. Practically speaking, they probably preferred to use a brand named magnolia instead of dogwood or heart pine because jo anna liked it better.
Legally speaking, what is the purpose of a 'buyout'?
Posted on 4/28/17 at 11:57 am to anc
quote:
I have made the trek to their place in Waco.
I fricking hate the Gaines' for starting this bullshite. I respect their hustle, but they have ruined Waco for the person who lives there. Every time I visit my parents out in China Spring it's horrendous going into town.
For some crazy reason people literally are traveling to Waco for the SOLE reason of going to Magnolia. I've met people who have drive from California, Virginia, etc.. who have told me they watch the show and just had to come see it.
Downtown (which is right next to Baylor) is literally unvisitable and not because of something badass, but because someone wants to buy paint w/ their name on it.
Posted on 4/28/17 at 12:01 pm to McCaigBro69
quote:
He could have created any entity for this and didn't owe a duty to his partners for this. They wanted to use the name Magnolia, but didn't have to.
Wrong. That's the point. That would be usurpation of business opportunity...another breach. See? That's the rub. Magnolia was perfectly positioned to profit from the success of the show. Chip knew that. He decided to usurp that business opportunity for himself. Didn't matter if he bought them out or started a new entity to do the same thing Magnolia was set up to do.
The typical business scenario involves a recognized fiduciary, such as a corporation officer or director, or a member of a limited liability company or a partner in a partnership, diverting a usually lucrative business opportunity for his or her own personal benefit in direct violation of a fiduciary duty of loyalty. The business tort generally arises where a corporate director or officer, a member or manager of a limited liability company, or a partner in a partnership obtains confidential information from a third party and uses that information to divert a prospective economic advantage to himself or herself.
Posted on 4/28/17 at 12:03 pm to Ex-Popcorn
You guys aren't asking the right questions...work backwards.
Why would Chip Gaines, out of the blue, approach his partners and try to buy them out 13 days before HGTV announces Fixer Upper?
There is absolutely no other answer other than he knew his ship was taking off and wanted all of the profit to the exclusion of his current partners.
Motive and opportunity is everything in these cases.
Why would Chip Gaines, out of the blue, approach his partners and try to buy them out 13 days before HGTV announces Fixer Upper?
There is absolutely no other answer other than he knew his ship was taking off and wanted all of the profit to the exclusion of his current partners.
Motive and opportunity is everything in these cases.
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