...so I have come to my favorite friends for some help . I don't remember how much I have kept yall up on our work situations.My DH was hired at HH Gregg, a major appliance and electronics store.He was told he would bring home at least $1000 per week.Turns out , he worked 70 hrs per week...brought home average $275 per TWO WEEK pay period...and he was TOP salesman about 4 times! So, that didn't work. He can't go back to driving a truck ( which he did for a couple of weeks) due to the disk problems in his back.Luckily we had some money in the bank .Well, I have been praying for a long time about several things,this being right on top of the list, for God to give us peace and direction for our lives.Long story short...we found an ad in the paper that a guy has an outdoor business for sale...we called him...and we are in the process of buying it !!! And, it is so wonderful to see the Hand of God moving in this!!! We have had a setback jump in, but God is still moving the process right along, and I have total peace that He is working out the details and all is going to be awesome !! So...now we need a name...because the guy that we are buying it from is walking my DH through it all step-by-step...and we are at the point of making the cards,bill sale slip...etc. It is a roof cleaning business.( not a roof repair).Have you seen the black stuff that is on a lot of roofs? That's black mold.That can eventually eat thru the roof and the roof has to be repaired or replaced.So, when it is cleaned, it will prolong the life of the roof for many years. The previous owners' business name was " A-1 Roof Cleaning...The UGLY ROOF Restoration " The first part is the name, the second part is his slogan. The ugly roof part is what got people's attention. But, we can't use any of that wording.So, any ideas ?? We want something catchy, but not "too" stupid. KWIM ? But it needs to say something in the title about cleaning, but nothing to make it appear to be a roof Repair. TIA...I'm looking forward to seeing what you all come up with !!!

By Texannie on Friday, April 25, 2008 - 02:42 pm:

If he is selling you his business, why cant' you use the name?

By Vicki on Friday, April 25, 2008 - 06:45 pm:

I agree that I would see what you would need to do to keep the name. You might not love the name, but there are a couple of reasons I would keep it. One, I bet it is listed first in the phone book. I would guess that is why he picked that name and two, any past customers of his would call you or refer you to their friends by that name. You could have built in customers and referrals just by keeping the name!

By Wandilu on Friday, April 25, 2008 - 07:36 pm:

He wants us to go with a new name.Here, when you buy a business ,you generally have to pay extra for the name.I don't remember what reasons that he told DH.Our new phone books just came out last month, so if we kept the name, the calls would go to his house instead of ours. And he would either have to change his number or tell each caller our number.

By Texannie on Saturday, April 26, 2008 - 09:13 am:

won't he still get calls? people looking in the phone book won't know that he's not in business. what will he do with those calls?

By Wandilu on Sunday, April 27, 2008 - 07:35 pm:

That's his problem...I don't really know.

By Tonya on Sunday, April 27, 2008 - 10:26 pm:

If it is his business # then why can't you take over the business number or have his disconnected and changed you can have the old number give a recording saying the # you are trying to reach has been changed the new # is xxxxxxx. That is what happens here for normal and business #'s.

Also if you buy the business you get the name I thought. If he wants out of the busiess what is the big deal of taking the name too. You would want his clients to come with the business if need be.

By Mrsheidi on Sunday, April 27, 2008 - 10:41 pm:

It looks like you're starting up your own business if you use a new name. How are you "taking over" the business? Are you just buying the clients' numbers/contact info?

I've never done this, so I'm confused...I always thought you buy the name, otherwise you might as well be starting your own business. ???

By Bobbie~moderatr on Sunday, April 27, 2008 - 11:44 pm:

I am confused too. Is he selling you his equipment (truck, power washers, crew, etc) and his portfolio/client listings? If you are renaming it you are loosing the name recognition of what company it is, people that have used the company are going to tell their friends what company they used. Referrals are generally name based.. A new name, a new number, wouldn't that mean a new business? Not quite sure what exactly you would be paying him for? You have to be paying him for the equipment right?? I am terribly confused. I have visions of a couple hundred dollar power washers, a couple of ladders, a jug of chemicals, a couple of hoses. I personally would assume the name came with it.. Otherwise, to me, you are simply buying his equipment, not his company/business... You are starting over from scratch?? Are you sure that is how it works???

Use the first two initials of DH's name and Roof Cleaning.. Like I could do BH Roof Cleaning. Or (full last name) Roof Cleaning... Stopping mold in it's tracks.

By Ginny~moderator on Monday, April 28, 2008 - 06:02 am:

You need a lawyer, Wandilu - FAST!!! You should be buying the business name, the phone number (having it switched to you), the goodwill, and so on. This sounds a lot like a potential scam to me. You should have a legal contract, and it should include, among other things, a "non-compete" clause that this guy will not set up a competing business within a certain geographical area, that he will not sell the name to anyone else, that he will not sell anything related to the business to anyone else.

Is this maybe a kind of franchise business?

And, can dh actually do this kind of work, with his bad back?

Bottom line - you really need lawyer. I don't like the sounds of this at all.

By Ginny~moderator on Monday, April 28, 2008 - 06:12 am:

70 hours a week sounds wrong. Was your husband salaried? What was the basis for his pay? At $275 a week for 70 hours, that is a little more than $3 an hour, which is a great deal less than the legal minimum wage. I did a quick Google, and Tennessee doesn't have great labor laws. But if it was me, I'd call the federal wage and hour offices - 1-866-4USWAGE (1-866-487-9243)
- and ask some questions. I am wondering if the H.H.Gregg people actually owe your husband a lot of money because they weren't paying minimum wage and weren't paying overtime. It's worth a phone call to look into it.

A lot of employers try to label their employees "independent contractors", but if the employer controls the hours and place of work you are not an independent contractor. It is kind of tricky, and you need some advice from someone who knows what the rules are. Even if your dh was working on commission, most companies pay some sort of minimum, and it is a lot more than the about $3.20 an hour your dh was getting. Did they deduct federal tax, SS, etc? If they did, it may well be he was an employee. Was he docked any pay if he wasn't able to work a day? Then he was definitely an employee, and not a salaried employee. You really need to look into this.

By Colette on Monday, April 28, 2008 - 06:28 am:

Ditto w/Ginny about the lawyer, and make sure you are able to see that this was a profitable business. I wish you all the luck in the world but please make sure you hire a lawyer before getting into this.

By Debbie on Monday, April 28, 2008 - 08:09 am:

Ditto getting a lawyer. You need someone who knows the laws/regulations in your area to advise you. Please, don't just take the word of the man selling the business. It sounds kind of fishy to me. Why is he getting calls at home if it is a business, or is he running it out of his home?? And, if he doesn't change his number, he would still get lots of calls at home...someone using an old phonebook, people with his business cards, etc.

I would think if you bought a business, you are buying the name, the customer base, everything.

Good luck to you. I hope everything work out for you and dh.