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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 86332
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I live in Ohio I have a signed purchase agreement for an antique

Resolved Question:

I live in Ohio I have a signed purchase agreement for an antique automobile. The seller is now trying to raise the price after signing the agreement and accepting a deposit.
What are the ramifications in this ?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Ely replied 11 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please tell me:

1) What state does the seller live in?
2) How are they attempting to justify the raise in price?
3) How much is the vehicle being sold for?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 11 months ago.

We both live in Ohio


 


She claims she never agreed to the offer though she never disagreed when communicating by text and she signed the purcahse agreement which fully disclosed the price and deposit.


 


21,000.00 $9,000.00 deposit check was given at the signing of the sales agreement.


 


That car is a family heirloom that she offered to sell me

Expert:  Ely replied 11 months ago.
Friend,

Thank you.

You state: "She claims she never agreed to the offer though she never disagreed when communicating by text and she signed the purcahse agreement which fully disclosed the price and deposit."

But you also stated earlier: "I have a signed purchase agreement for an antique automobile."

Ergo, I need to clarify: Is there a signed agreement for the original amount?
Customer: replied 11 months ago.

yes for the 21,000.00


that is the one and only written agreement with both our signatures on it form a face to face meeting and the exchange of the deposit check.

Expert:  Ely replied 11 months ago.
Thank you, friend.

What are the ramifications in this ?

Well, she would be breaching a contract if she does not go through with it, and if so, you can sue her for it.

To prove a breach of contract claim, a plaintiff must show "the existence of a contract, performance by the plaintiff, breach by the defendant, and damage or loss to the plaintiff." Powell v. Grant Med. Ctr., 148 Ohio App.3d 1, 10, 771 N.E.2d 874, 881 (Ohio App. 2002).

She signed a contract, and she is now lawfully bound to it just like you are. She cannot back out anymore than you can. Regardless of what else she believes, if she signed an agreement for $21,000, then she has to take that amount for the vehicle.

If she does not, you may sue her, and ask the Court to force the sale, or have her be responsible in judgment for the difference between that amount and what it would cost you to get something else comparable (although if a family heirloom, this may not be easy to do).

Let me know if you need a sample letter threatening her if she does not go through with the execution of the sale (by using the REPLY button). Often, this helps to have the party execute the sale, to avoid litigation.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 86332
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
Ely and 6 other Real Estate Law Specialists are ready to help you
Customer: replied 11 months ago.

I guess I am going to need you to send that letter so that she gets the idea that this deal is legitimate and binding.


What do we need to do next ?

Expert:  Ely replied 11 months ago.
Friend,

Perhaps the following certified letter sample will inspire you to know what one should look like:

Dear _________,

This correspondence is in regards XX XXXX demand for $____ for (vehicle). This is not acceptable. We have a written, binding contract for $_____, and this is what I shall be paying for the vehicle. I am sorry, but you cannot simply unilaterally raise the amount after the contract was signed.

As such, I expect that you will execute the agreement as agreed, for $____. If this is not done, I am afraid I will have no choice but to seek specific performance via a Court of law under BREACH OF CONTRACT claim. Powell v. Grant Med. Ctr., 148 Ohio App.3d 1, 10, 771 N.E.2d 874, 881 (Ohio App. 2002).

I hope that this matter can be settled amicably.

Sincerely,

Signature

Name

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