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re: 'Fixer Upper's' Chip Gaines sued by former business partners for fraud

Posted on 4/28/17 at 12:06 pm to
Posted by TDFreak
Coast to Coast - L.A. to Chicago
Member since Dec 2009
9421 posts
Posted on 4/28/17 at 12:06 pm to
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


He could have, but he was being cheap/greedy.

I doubt he could have launched a brand new real estate agency with all the licenses, and other start-up expenses for just $5,000.

Now, if Chip was cool, he could have been like, "Hey guys, I've been tapped to star in this new TV show and it should also bring in a lot of business for our agency too! Are you in???" And everyone would have had a great time.

Except Chip was a greedy bastard.
Posted by Mo Jeaux
Member since Aug 2008
64548 posts
Posted on 4/28/17 at 12:06 pm to
quote:

Wrong. That's the point. That would be usurpation of business opportunity...another breach.


Wait, are you saying that entering into a television show contract would be usurping a business opportunity of a realty company?

By the way, any type of partnership agreement or LLC agreement, etc. will have a "Other Ventures" provision in it.
Posted by Mo Jeaux
Member since Aug 2008
64548 posts
Posted on 4/28/17 at 12:08 pm to
quote:

he knew his ship was taking off




Oh yeah. As I mentioned earlier, they may as well sue him for failure to divulge the winning lottery numbers too.
Posted by PearlJam
NotBeardEaves
Member since Aug 2014
13908 posts
Posted on 4/28/17 at 12:09 pm to
quote:

I doubt he could have launched a brand new real estate agency with all the licenses, and other start-up expenses for just $5,000.
He didn't use the real estate company for the show. That isn't even alleged. The only thing alleged is that he had knowledge that the value of the real estate company brand name might increase because of chips appearance on a 1 hour tv special and he didn't tell that to his partners.
This post was edited on 4/28/17 at 12:13 pm
Posted by PearlJam
NotBeardEaves
Member since Aug 2014
13908 posts
Posted on 4/28/17 at 12:11 pm to
quote:

Wrong. That's the point. That would be usurpation of business opportunity...another breach. See? That's the rub.
Good god I hope you aren't a lawyer.
Posted by Mo Jeaux
Member since Aug 2008
64548 posts
Posted on 4/28/17 at 12:12 pm to
quote:

Good god I hope you aren't a lawyer.


I like his enthusiasm.
Posted by mikelbr
Baton Rouge
Member since Apr 2008
49099 posts
Posted on 4/28/17 at 12:20 pm to
quote:

Mo Jeaux

shite like that is why nobody likes lawyers.
Posted by jeff5891
Member since Aug 2011
15979 posts
Posted on 4/28/17 at 12:22 pm to
quote:

The scorned business partners say Gaines bought their shares of Magnolia Realty for $2,500 each while working with HGTV on the future hit show


Did he contact HGTV on behalf of magnolia realty?


If not, good luck..
Posted by Eightballjacket
Member since Jan 2016
8090 posts
Posted on 4/28/17 at 12:25 pm to
Sorry, guys, but Fixer Upper is not popular because of the Magnolia name. People watch because of the wife.
Posted by League Champs
Bayou Self
Member since Oct 2012
10340 posts
Posted on 4/28/17 at 12:26 pm to
quote:

The ex partners have a case if he intentionally got them out of the picture and low balled them in a payoff because of the future HGTV deal. Now if it was coincidence then it's a different story.

nah, the show had the same percentage of possibly falling flat
Posted by SnoopALoop
Nashville
Member since Apr 2014
4543 posts
Posted on 4/28/17 at 12:27 pm to
Posted by League Champs
Bayou Self
Member since Oct 2012
10340 posts
Posted on 4/28/17 at 12:31 pm to
quote:

but the business being featured in a tv show is material.

Chip: Hey guys. I've got an idea for a TV show here in Waco!

Partners: Big TV show? Here in Waco? Who the eff would watch that? GTFO! All those other shows feature million dollar homes! Give me my $2500, and go dig your own grave!
Posted by stout
Porte du Lafitte
Member since Sep 2006
184528 posts
Posted on 4/28/17 at 12:34 pm to
quote:


Is Waco that fricking cheap?



It's Waco
Posted by baldona
Florida
Member since Feb 2016
24462 posts
Posted on 4/28/17 at 12:34 pm to
quote:

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


While I don't disagree, for arguments sake why did the partners sell? I mean it was a $5,000 transaction. If we were talking $50,000 when the company could be worth $5 mil or something that's one thing. But the partners were bought out for a measly $5,000, most likely because they knew there really was nothing to the business but a name.

Did Chip buy them out of a business or did he just buy them out of the name? It seems to me like it was just the name, and therefore they have very little standing.
Posted by Mo Jeaux
Member since Aug 2008
64548 posts
Posted on 4/28/17 at 12:35 pm to
quote:

shite like that is why nobody likes lawyers.


Except when someone's jealous, douche bag ex-partners get upset that they bet on red instead of black and want some of your money that they had absolutely nothing to do with making.
Posted by tigerpimpbot
Chairman of the Pool Board
Member since Nov 2011
69238 posts
Posted on 4/28/17 at 12:39 pm to
quote:

Chip: Hey guys. I've got an idea for a TV show here in Waco. GIve me your shares of the company for $2500 each or I'll meet you at Sonic and whip both of your arses!


Posted by Bucktail1
Member since Feb 2015
3488 posts
Posted on 4/28/17 at 12:50 pm to
Shiplap bitches!!
Posted by League Champs
Bayou Self
Member since Oct 2012
10340 posts
Posted on 4/28/17 at 12:56 pm to
On his way to the Sonic as we speak


Posted by Sasquatch Smash
Member since Nov 2007
25961 posts
Posted on 4/28/17 at 1:03 pm to
quote:

Lewis and Clark


Not only are they that, but the Clark is a Richard Clark...so, Dick Clark.
Posted by Ex-Popcorn
Member since Nov 2005
2371 posts
Posted on 4/28/17 at 2:03 pm to
quote:

Wait, are you saying that entering into a television show contract would be usurping a business opportunity of a realty company? 


No. You aren't able to follow. Buying up magnolia knowing (or suspecting) that it was going to be the primary beneficiary of the show (and as we now know...it was) was the problem
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