QUESTION
Former band members rights to things bought for the group.
Asked on Feb 20th, 2014 on General Practice - Florida
More details to this question:
Recently my band kicked out our bassist due to many problems. He had previously bought the band some equipment and shirts to sell. We told him that we did not want him to spend his money on the items, but he insisted. We offered to even pay him back as we sold shirts to cover his expenses. He also turned this down. Now however, he is claiming that we promised him a full return on everything and is wanting it all back. We told him to come get the items that he actually owned, and we even are willing to give him the parts of the PA system he bought us if needed. But what does he have rights to in this situation?
1 ANSWER
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By the facts you’ve laid out, I’m assuming you guys didn’t have a band agreement drafted and in place (btw if you don't, get one drafted now at least)? Well, that does make things a bit murky. Sounds like you are on the right track to working it out amicably, but if you had no agreement to giving everything back, then it comes down to your word against his. Your situation is very fact sensitive as to the strength of any claims he would try to bring to recover. Right now make sure you keep records of these offers and any back and forth. Without having anything in writing, he may have difficulty recovery everything he purchased for the band. That said, getting involved with a lawsuit is generally not ideal. I’d advise sitting down with an attorney to discuss all of the facts so that you can get a full legal opinion on the strength/weakness of a potential claim. From there, you can decide how best to proceed.
Answered on Feb 21st, 2014 at 12:06 PM