Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Banking & Credit Cards

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 10-19-2001, 07:30 PM
acctgmgr
Guest
 
Posts: n/a

Collection on Stop Pay while buyer still has Merchandise in Posession


Owner of a pawnshop going out of business. Another pawnshop makes oral agreement to purchase active pawns. Terms of oral agreement are buyer takes active pawns, buyer takes active pager customers, buyer is allowed to advertise on marquee and hang 1 sign directing all customers of out-going pawnshop to buyers location. Buyer inspects all pawn merchandise, delivers to his location, and cuts check accepting the oral agreement. This was on a Monday. On Thursday, delivers a letter by third party stating he has placed a stop payment on check because seller has breached contract. When contacted, buyer states breach was that seller did not verbally direct all customers (pawn or otherwise) to his location only. This was never part of the oral agreement to begin with. Buyer wants Seller to retrieve his merchandise immediately but when seller gets to location, buyer immediately wants a written hold harmless statement plus a statement saying seller has received all goods back prior to actually receiving them. Seller refuses because didn't believe an oral agreemeent should be terminated with written contract, and contacts Department of Consumer Credit which regulates pawn shops. DOCC agrees that buyer has acted in poor-faith but can't enforce anything other than when pawn customers are wanting to pick up their merchandise, buyer has to accept payment for seller until legal issue is resolved. What grounds do we have to stand on? We are in State of Oklahoma.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 10:49 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.