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So what is the Bulk Sales Law? Basically Bulk Sales Law says that if you are a buyer and
you're going to buy more than 50 percent of someone's inventory or fixtures and it's not
what they do or that is not what the seller does in the ordinary course of their business
and if the value of the inventory and fixtures you're going to purchase are more than $10,000
and less than $5 million. If you do not want to have any problem with
the seller's creditors in the future, then there is an affirmative obligation placed
upon you that you've got to go out and you've got to attempt to notify those creditors to
say, "I'm buying all of this inventory. I'm buying these fixtures and I want to let you
know that I'm doing it so that if you have a claim against the seller you can let me
know before I go ahead and give my money over to the seller.
Once the buyer has complied with the bulk sales law, the buyer has protections from
the law so long as he followed all of the procedures, so long as he did the proper notification.
Then if a creditor has a complaint, his complaint is not with the buyer but it's with the seller.
So what does the buyer have to do? First, make sure that he falls within the
parameters of the law as we discussed earlier: more than $10,000 and less than $5 million,
buying at least 50 percent of the inventory and fixtures, and the seller is not in the
business of selling that quantity of stuff.