Defeat for Lew Geffen Sotheby's as the Atlantic Sea Board Franchise is restored to rightful owners.

NOVEMBER 17, 2011

In a judgement against Lew Geffen Sotheby’s, Geffen was stripped of his new franchise he setup with Gail Gavril at Better Homes after he unlawfully seized the Atlantic Sea Board franchise on 17th October 2011. The High Court Judge restored the franchise to its rightful owner Rob Stefanutto on Wednesday. Geffen was interdicted from trading his new franchise in the name of Better Homes and from contacting the franchisee’s agents and clients.

Seven accounts of abuse of the ex parte by Geffen and Rohde
1.    The order was served on the wrong address, 3 Marine House, Sea Point instead of 375 Main Road Sea Point;
2.    The Sheriff of the Court failed to verify the correct address, Geffen accompanied by his troops took the Sheriff to the wrong address purposefully;
3.    The order placed Geffen in immediate control of the franchise business and premises; this contravenes Common Law (including Franchise Law), and the Franchise Agreement;
4.    The order gave Geffen, management control of the business; there is no common law, or clause in the franchise agreement that allows this. Geffen is not a shareholder or investor or Director of the franchise;
5.    The order interdicted the managers/directors of the franchise from contacting their staff; There is no common law, or clause in the franchise agreement that allows the franchisor to prevent the Directors of the franchise from contacting their staff and clients;
6.    Geffen and troops entered the premises of two other offices, not mentioned in the order;
7.    Geffen and troops seized books, records, bank accounts from the franchisee’s premises, simultaneously moving trade to his Johannesburg office.