Rick Ware Racing files countersuit against Legacy Motor Club

As revealed in a recently unsealed court filing, Rick Ware Racing has filed a countersuit against Legacy Motor Club. 

The two organizations are in conflict over the sale of a charter from Ware to Legacy Motor Club, of which Jimmie Johnson became the majority owner earlier this year. Legacy Motor Club first sued Rick Ware Racing in April, alleging Ware backed out of the sale. 

It has since come to light that there is a dispute over which charter (each one is assigned a number) was for sale. Ware owns two charters, the No. 27 and No. 36 charters. One of the charters is currently being leased to RFK Racing, and the other is used for Ware’s primary team, for which his son, Cody, competes. 

The 28-page countersuit, dated June 4, shows, “There exists an actual and justiciable controversy between the parties regarding the correct sale charter and the terms under which that charter would be conveyed. The Agreement entered between the parties identified Charter No. 36 as the sale charter for a purchase prize of $45 million.

“Legacy has repudiated the Agreement by… claiming the Agreement was actually for Charter No. 27, seeking to enforce a sale of Charter No. 27 (including but not limited to filing a lawsuit), and refusing to perform the parties’ agreement for sale of Charter No. 36. This is a substantial alteration and breach of the parties’ agreement. RWR is entitled to an order declaring that Legacy has repudiated any agreement between the parties and any claim to Charter No. 36.”

It was Charter No. 36 that Ware agreed to sell. The company would then compete with Charter No. 27 next season.

However, Ware alleges that the Agreement correctly identified Charter No. 36 as being sold, even though there were errors and misstatements of facts in the Agreement. One of the biggest was that the sale would be for 2025 when it should have been 2026.

Furthermore, the countersuit says that Legacy “started taking the position” that it intended to purchase Charter No. 27 after the two sides had discussed and agreed on Charter No. 36. Ware said he never agreed nor offered to sell Charter No. 27 because it “would mean the end of RWR.”

The two sides met during the Las Vegas race weekend in March to discuss the deal, during which Legacy Motor club again claimed to have purchased Charter No. 27. The organization, approximately a week later, sent Ware in a letter, through counsel, “demanding that RWR ‘close the transaction as agreed’ or else Legacy would ‘see you in court.’

“Multiple times since the parties executed the Agreement, RWR has attempted to return the non-refundable $750,000 deposited provided by Legacy.” Those attempts were allegedly rejected, but Ware remains willing to return the deposit.

Ware is seeking that Legacy’s claims be dismissed with prejudice, and they recover nothing; the court declares the Agreement invalid; the costs of this action be taxed against Legacy; Ware recovers attorneys’ fees and costs; and Ware be granted other and further relief the Court deems justified.