Rick Ware Racing’s charters frozen until trial

CHARLOTTE, N.C. (CN) — Rick Ware Racing is barred from selling two racing agreements while litigation with Legacy Motor Club continues, a Charlotte judge ordered Friday afternoon.

In a 3-page order, Mecklenburg Superior Court Judge Clifton Smith froze Rick Ware Racing from finalizing a sale of the company and two NASCAR Cup Series charters to T.J. Puchyr, co-founder of Spire Motorsports.

Rick Ware Racing is enjoined from selling either charter #36 or #27 or closing the Puchyr deal, Smith said, or further encumbering the charters in an amount exceeding $25 million. If the company makes an encumbrance, it must be made subject to any judgment in favor of Legacy.

If Legacy is successful in its legal challenge, Rick Ware Racing will deliver the charter free of any encumbrances, Smith said.

Smith kept in place the $5 million bond he had earlier imposed on Legacy as a condition of the temporary restraining order blocking Rick Ware Racing’s sale. The bond, intended to cover potential damages facing Rick Ware Racing if the court finds they were wrongfully enjoined, will remain in effect until the settlement or trial is resolved, even though the restraining order itself has been dissolved. Trial is currently scheduled for January 2026.

He also warned that violating the order could bring “fines, imprisonment, or other remedies.” Legacy has argued Rick Ware Racing misled both it and the court by denying any sale plans before entering the Puchyr deal.

Rick Ware Racing is judicially estopped from taking action that differs from what it previously argued, attorney Keith Forst for Legacy argued during hearings.

A prior judge in the case also threatened Rick Ware Racing’s prior legal team with “really serious ramifications” after the court was alerted that Rick Ware Racing may be planning to sell.

Rick Ware Racing’s attorney, Mark Henriques, argued that Legacy is trying to tie up both of the team’s charters. He said the company has consistently made it clear it might sell an ownership stake while still keeping owner Rick Ware’s son, Cody Ware, racing. Since the company had not previously been enjoined from selling either charter, it was within its rights to pursue a deal, he argued.

Legacy countered that if Rick Ware Racing finalizes a sale of charter #36 or #27, no charter may be available if it wins in court. Legacy sued in April, claiming the company backed out of a signed charter sale agreement. Meanwhile, Rick Ware filed counterclaims, accusing Legacy of attempting to secure a different racing contract than the one agreed upon. Both sides continue to dispute which charter was actually sold.

Legacy is just trying to protect its assets, Forst said.

“It is indisputable that there is a deal for the sale of a charter,” he said during a hearingearlier in August. “There is a written contract, every page initialed… they had a written agreement and they agreed to sell a charter and Legacy agreed to buy a charter.”

In court filings, Rick Ware Racing stated that it would never have sold charter #27 to Legacy, as doing so would have left the team unable to race, and owner Rick Ware had no intention of selling the business.

At an August hearing, Henriques argued there was no “meeting of the minds,” and because both sides fundamentally disagreed over what was sold, the contract isn’t valid.

He argued that Legacy could still get financial damages if Rick Ware Racing sells the charters and Legacy is successful at trial. Rick Ware Racing had pushed for neither charter to be restrained from sale, or only one.

Legacy had asked the court to keep both charters from being sold, as both parties disagree on which charter agreement was involved in the contract.

Smith also signed a consent order Friday recommending that the case be designated as a complex business case and designated as “exceptional.” If granted by the chief justice of the Supreme Court of North Carolina, the case will be assigned a specific judge for the remainder of the litigation in Charlotte. Smith has indicated that he will be available to serve on the case and try it in January.

A representative for Rick Ware Racing and counsel for Legacy Motor Club did not immediately respond to a request for comment.

Follow @SKHaulenbeek Follow @shaulenbeek.bsky.social