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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To stick to terms of agreement with friends

265 replies

Bungybungy · 14/03/2024 10:05

Burner account. I’ve been friends with F for decades. She had a large social media presence. I’ve worked hard to establish my business and have been successful. I’m proud of what I’ve achieved. 5 years ago, F came to me with a business idea, wanting to set up herself. She didn’t at that time have the funds to set up by herself so I agreed to invest a not insignificant sum in return for 20% of the business. She was happy with that deal, and because I work in legal services, I got our guy who deals with contracts to draw up an agreement specifying what rights and responsibilities etc. Although this was an area she had worked in before, she had never actually run a business before. I guess that’s why she came to me in part, so it wasn’t just about the money. To her credit, and using my advice, the business has grown quickly and is well known. At the time of the investment I understood that I could just as easily have lost my money completely.

Our relationship is now very difficult as I’ve realised over the last 2 years that she’s been distancing herself from me, which is fine, relationships come and go, but last week I got a letter from her solicitor telling me that she was unhappy with my ownership and that she wanted to buy me out for just over my initial investment. Given the business is now worth several times over my initial investment, I can’t accept that (she put close to no money in herself). For her to pay me off would cost her 5 times my initial investment. AIBU to expect her to honour the agreement? I know she’s contractually bound but she’s been so vile about this, I’m second guessing myself. She keeps threatening to “out” my business via her social media(I have no idea what this means). I’m actually scared about what she could do.

OP posts:
NaomhPadraigin · 15/03/2024 18:23

Bungybungy · 15/03/2024 17:26

I’ve not heard anything but her daughter has just dropped my daughter from all forms of social media, so I’m assuming she’s seen the email.

Jeez, that was quick! Doesn't look good on them.

Mummyoflittledragon · 15/03/2024 18:10

I don’t think it’s naivety. I’d say greed. She wants it all. Were it not for your seed capital she’d likely have nothing. I wouldn’t accept a penny less than what I’m due if you can possibly help it.

Cherrysoup · 15/03/2024 18:06

BusyMummy001 · 15/03/2024 17:59

You have a legally enforceable contract. Stick to it. It’s what she agreed.

Get your solicitor to write back stating that a) you would also like to discuss compensation for her threats to ‘out your business’ and b) if she carries out her threats you will also sue for defamation.

Nice. I’m surprised at her naivety. She cannot imagine that you would expect her to simply accept the return of the original investment? That’s just foolish. You’ve supported her financially therefore she needs to buy you out with a revalued amount, should you wish to be bought out, the business sounds pretty profitable.

Bungybungy · 15/03/2024 18:03

Collex · 15/03/2024 17:55

Solution: Decide on what is most essential for You at this current time and select that option.

Lots of posts focusing, rightly, on the values angle but how about the life’s short and processing this (or even engaging her) is a waste of your time. If you need the cash then defo but otherwise refer her to a third party to do the contact work and save all the hassle that she is weaponising.

  • If she’s feeling over confident then passing her onto someone else will show her that you’ve got better things to be doing and none of them are related to her or her business. It becomes transactional then not emotional between parties. Win for you.
  • The other option is to quickly read Chris Voss’ book ‘Never Split The Difference’ (gold dust for negotiations of all types). Run the ‘How am I supposed to do that?’ Which pushes everything back to her as she’s the one with the discounting plan in mind.

She’ll be well aware of what pressures she can or cannot bring to bear but this will cost her time and focus and heaps of energy plus likely lead to mistakes.
Likewise defending against her will do the same for you. It’s a race to the bottom.

Edited

Thank you for this. I’m usually very much life’s too short) but I understand that there is a balance to be struck here. We aren’t friends now although I feel this will hit my daughter quite hard and I actively dislike her for that, but I’m not going to let that control what I do. I’ll let the lawyers sort it out.

OP posts:
Puzzledandpissedoff · 15/03/2024 18:02

tishtishboom · 15/03/2024 17:48

Has she missed the point that if your 20% share of the business has increased 5 times in value, then so has her 80%? Sounds like you're both quids in and she should be celebrating, not whinging.

I thought the same, but sadly when greed creeps in some want it ALL

It irritated me that the ex-friend apparently "gets a lot for free" so expected this too, because that was never the arrangement in the first place, but anyway you're doing the right thing leaving it with the solicitors OP, and I hope this gets resolved without too much damage

Alwaysalwayscold · 15/03/2024 18:02

Absolutely horrendous behaviour on her part. Typical of a social media influencer.

Notwhatyouwanttohear · 15/03/2024 18:02

Wow you put most of the money in and only got 20% and now the cheeky c**t is trying to stiff you for your rightful growth.

Why didn't you go for more than 20% originally?

BusyMummy001 · 15/03/2024 17:59

You have a legally enforceable contract. Stick to it. It’s what she agreed.

Get your solicitor to write back stating that a) you would also like to discuss compensation for her threats to ‘out your business’ and b) if she carries out her threats you will also sue for defamation.

Collex · 15/03/2024 17:55

Solution: Decide on what is most essential for You at this current time and select that option.

Lots of posts focusing, rightly, on the values angle but how about the life’s short and processing this (or even engaging her) is a waste of your time. If you need the cash then defo but otherwise refer her to a third party to do the contact work and save all the hassle that she is weaponising.

  • If she’s feeling over confident then passing her onto someone else will show her that you’ve got better things to be doing and none of them are related to her or her business. It becomes transactional then not emotional between parties. Win for you.
  • The other option is to quickly read Chris Voss’ book ‘Never Split The Difference’ (gold dust for negotiations of all types). Run the ‘How am I supposed to do that?’ Which pushes everything back to her as she’s the one with the discounting plan in mind.

She’ll be well aware of what pressures she can or cannot bring to bear but this will cost her time and focus and heaps of energy plus likely lead to mistakes.
Likewise defending against her will do the same for you. It’s a race to the bottom.

Bungybungy · 15/03/2024 17:55

tishtishboom · 15/03/2024 17:48

Has she missed the point that if your 20% share of the business has increased 5 times in value, then so has her 80%? Sounds like you're both quids in and she should be celebrating, not whinging.

You would think so. It doesn’t seem enough for her to keep the business growing and share in it. She has made me the villain here and I can’t do anything to fix that. It’s with my solicitor now.

OP posts:
CrispFanatic · 15/03/2024 17:51

Picklestop · 14/03/2024 10:16

I don’t think I would be demanding five times my initial investment back from a friend. But a little over your initial investment is not on either. Surely there is some middle ground? How is the business being valued anyway?

It’s not as though the OP lent £10 and now wants £50 back. She purchased (let’s say) 20% of the business for £10. The business is
now worth 5 times more so her 20% share is worth 5 times more (£10 x 5)

There’s only one person being a dick here and it isn’t the OP. It’s her cheeky ‘mate’ who’s refusing to give the OP what her share is worth.

shenandoahvalley · 15/03/2024 17:48

It never ceases to amaze me what people will do for money. And it's always the worst types who go on about "the principle of it" while trying to slither out of their obligations.

Make sure you remain polite the whole way through, and wish her the best with her endeavour. There's no need to be stingy with good wishes, there's plenty to go around (plus she won't ever be able to point the finger).

tishtishboom · 15/03/2024 17:48

Has she missed the point that if your 20% share of the business has increased 5 times in value, then so has her 80%? Sounds like you're both quids in and she should be celebrating, not whinging.

hollyandivyknickers · 15/03/2024 17:43

Oooo what a sour puss ! No doubt she’ll go deep into victim mentality.

well done OP.

if she is getting bought then Don’t they have to check all claims on the business first and usually offer a three year agreement ?

Eddielizzard · 15/03/2024 17:43

Bungybungy · 15/03/2024 16:40

It is brilliant I agree. I may have to borrow it.

I think

It is to my great shock and disappointment that I find that despite the clear nature of the investment and contract that she regards the money as a GIFT not an investment and plans to return only what I put in.

should read:

It is to my great shock and disappointment that I find that despite the clear nature of the investment and contract that she regards the money as a LOAN not an investment and plans to return only what I put in.

A gift isn't returned. A loan accrues interest. An investment in your case is a proportion of the business

Scarletttulips · 15/03/2024 17:36

I doubt your daughter will be missing her at all. Generally you find kids are a bit more astute in friendships than adults.

Thementalloadisreal · 15/03/2024 17:33

To add, I think you’re doing the right thing and she is selfish and crazy.

Thementalloadisreal · 15/03/2024 17:33

Bungybungy · 15/03/2024 17:26

I’ve not heard anything but her daughter has just dropped my daughter from all forms of social media, so I’m assuming she’s seen the email.

It’s so sad for the kids that this toxic woman’s behaviour is going to affect their friendship

Bungybungy · 15/03/2024 17:26

Noshowlomo · 15/03/2024 17:04

Oooo it’s just gone 5

I’ve not heard anything but her daughter has just dropped my daughter from all forms of social media, so I’m assuming she’s seen the email.

OP posts:
IReallyStillCantBeBothered · 15/03/2024 17:26

Picklestop · 14/03/2024 10:16

I don’t think I would be demanding five times my initial investment back from a friend. But a little over your initial investment is not on either. Surely there is some middle ground? How is the business being valued anyway?

I’m sorry but that’s not it works, OP has a share of the business and if she wants to buy her out the business needs to valued by a third party company. If OP wants to give her a discount that’s fine and at her discretion but she doesn’t have to.

Would her friend have agreed to share OPs loss if the company failed? You don’t get to change the terms of the agreement after the company succeeds.

This is why business with friends is a bad idea and I’m glad OP has a legal coTracy not a handshake agreement.

Winter2020 · 15/03/2024 17:16

Hi OP,
If you are communicating informally with your friend ask her if she has ever seen Dragon's Den. If not recommend that she watches a few episodes. Perhaps your mutual friend could recommend it to demonstrate how investment in businesses work. It is literally what every person on the show asks for - cash for a share of their business - frequently a reduction in the % owned for getting the investors cash back to them within a year or 18 months. How could anyone not know an investor wants to make money and own a % of the business?

If you are getting a solicitors letter I think it would be worth saying that slander will be dealt with via the legal process i.e. suing her - in the legal speak recommended by your solicitor.

You could say that as your relationship appears to have broken down perhaps it is for the best that she buys you out - but that will have to be at a fair market rate after a business valuation. You could always hint you could sell your share to someone else - someone else might not be as agreeable as you.

Noshowlomo · 15/03/2024 17:04

Oooo it’s just gone 5

pavedwithgoodintentions · 15/03/2024 16:51

Highly recommend you issue a statement as suggested above after talking to your own lawyer(s).

Bungybungy · 15/03/2024 16:40

ButterBastardBeans · 15/03/2024 16:25

I think is brilliantly clever on a lot of levels.

If she moves against you it will be revealed that it's her so it's like a silent and free gagging order.

It is brilliant I agree. I may have to borrow it.

OP posts:
Vod · 15/03/2024 16:29

OhYeahOhYeah · 15/03/2024 15:12

Makes you wonder if there is a big ‘deal’ on the table which she wants to fully capitalise on, without sharing the revenue……..

I thought that!

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