Lease Deal Set the Stage for Conflict

Revolution Fitness, operated by Get Your Back On Track, LLC, leased a commercial property in Newtown, Ohio in 2014. The company signed an agreement with B.E.E. Holdings, LP, which included a right of first refusal (ROFR) if the property went up for sale. Revolution moved its operations there and expanded its business. In 2016, B.E.E. Holdings transferred the property to BANSHEE 3652, LLC during a divorce settlement. Revolution continued to pay rent and operate under the lease, but no one informed them of the ownership change.

Private Sale Triggered Legal Dispute

In March 2018, BANSHEE sold the property back to B.E.E. Holdings for $725,000. Revolution did not receive notice or the opportunity to match the offer, despite its contractual rights. Douglas Evans and Zachary Peterson managed the property during this time. They collected rent from Revolution but did not forward the payments to BANSHEE. That omission led BANSHEE to believe Revolution defaulted. Meanwhile, Evans and BEE negotiated a separate deal to sell the property to Forest Hills School District for nearly triple the earlier sale price.

Business Lost Its Chance to Buy a