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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
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Experience:  JD, MBA
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I sold 20 horse stalls to a woman 2 days ago. She signed a

Customer Question

I sold 20 horse stalls to a woman 2 days ago. She signed a dated agreement to purchase plus to rent the entire building to house the disasembled stalls until the end of March 2014. The agreement clearly shows her name address, phone, specifics as to an accompanying diagram showing the type of construction, steel bars in separating walls, sliding gates with hardware etc. The outside walls of wood are clearly mentioned as not included. The buyer looked at the stalls for an hour and a half with her son who is a contractor and knowledgeable about how to disasemble and move such goods. The price was clearly specified and a check was received and deposited in my bank for 1/2 the ammount or $4,250.00 out of $8500.00. The balance is to be received shortly and all stalls dissasembled within 3 weeks of the signing of the agreement. A few hours ago she called and said she can get a better price and wants her money back. The county where the horse stable is located is in Sussex county Delaware. I am a resident of Delaware and own the property as a sole owner. The buyer lives in Maryland. What should I do and what does the Delaware law allow for.
Submitted: 1 year ago.
Category: Legal
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for the opportunity to assist you. My name is XXXXX XXXXX I will do my very best to answer your legal questions.

Q: What should I do and what does the Delaware law allow for.

A: If I were in your shoes, I would tell the buyer that I am sorry that she regrets the sale, but that it is a done deal. I would not only refuse to refund the money, but I would explain that I expect the outstanding balance to be paid within 3 weeks of signing the contract, as indicated in the contract. I would also inform her that if she refuses to pay the outstanding balance, then I will take legal action against her.

If she in fact does fail to pay the remaining balance, then per Delaware law, I would sue her in small claims court for breach of contract, and seek the unpaid balance of $4250 and the cost of filing the lawsuit. In court, I would provide the judge with a copy of the contract, explain that half of the purchase price remains unpaid, and that I wish for a judgment against the defendant in the amount of $4250 plus the cost of filing the lawsuit. I would then file the judgment in the Maryland court so that I could take collection action against the defendant if she refuses to pay the judgment. Collection action could include wage garnishments, property liens, and bank garnishments.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!

If you would like to direct additional legal questions to me in the future, then please type "To TJ, Esq." in the subject line of your question.
Customer: replied 1 year ago.

Thanks, XXXXX XXXXX started looking for another buyer. What happens if we find someone else to buy the stalls. If we sold them again, received payment and then returned her money could we be in trouble? Most likely more than three weeks would transpire.


 

Customer: replied 1 year ago.

I would appreciate it if you would please respond to my last question. Perhaps I did not send it properly.


 


Thanks, XXXXX XXXXX started looking for another buyer. What happens if we find someone else to buy the stalls. If we sold them again, received payment and then returned her money could we be in trouble? Most likely more than three weeks would transpire.


 


Also, am I allowed to spend the money that I have received?


 


Thanks very much.


Expert:  TJ, Esq. replied 1 year ago.
Hello again.

Q: What happens if we find someone else to buy the stalls. If we sold them again, received payment and then returned her money could we be in trouble? Most likely more than three weeks would transpire.

A: If you were to sell the stalls to another party and return the money, then it sounds like the current buyer would be quite happy. But if she were to complain that you have breached the contract, then you can argue that this is a case of anticipatory breach of contract. That occurs when one party to a contract reasonably anticipates that the other party will breach the contract. When that occurs, the anticipatory breach is treated like an actual breach and relieves the party of his/her obligations. So, in a nutshell, you would not likely get into trouble.

Q: Also, am I allowed to spend the money that I have received?

 

A: Certainly. Of course, there could potentially be a situation in which you'd have to pay back the money (such as if you sell the stalls to another party), but that possibility does not prevent you from spending the money now.

 

 

TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 10014
Experience: JD, MBA
TJ, Esq. and 13 other Legal Specialists are ready to help you
Expert:  TJ, Esq. replied 1 year ago.
Hello again, Jean.

I just wanted to follow-up with you again to see if you had any more follow-up questions. If so, please feel free to let me know.
Customer: replied 1 year ago.

No, I don't, thank you. Do I need to pay you or have I already??

Expert:  TJ, Esq. replied 1 year ago.
Hi Jean,

I was paid when you positively rated my prior answer. Thank you very much. If you should have any legal questions in the future, please feel free to let me know.

Thank you for using our service!

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TJ, Esq.
TJ, Esq.
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JD, MBA