Seller Breaking Contract: Can Anyone Help?

Florida.

3 weeks ago I sent a $1000 deposit to buy a boat/motor for $4500. The man accepted and sent me a signed "Purchase Agreement". He cashed my check. I have since spent $1300 to buy a trailer so I could pick it up. I called him to make arrangements to pay the $3500 balance owed & he now says he will not sell it to me. He has attempted to send his personal check to me of $1000 as a refund. I want to complete the transaction & do not want a refund.

What should I do? Is this a matter for small claims court? Do I file it in the county where he resides? Thank you for any & all advice...

He has attempted to send his personal check to me of $1000 as a refund
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What do you mean by Attempted ?

If in fact , he sent you a check for $1000.00 and the funds are in the bank to cash it , if I were you I'd cash it .

I'd then put an ad to sell the trailer , or if you bought it from a Co. see if they will give you a refund for it in exchange .

You purchased a trailer before it was paid in full .

The seller may have breached the contract , but you had paid him $1000.00 and depending on if his check is good or not , you would most likely only get an award of $1000.00 anyways .

Yes - he has sent me his check for $1000 (yesterday) but I have not cashed it yet.

So - what you're saying is even though he agreed to sell it, accepted my check, cashed it, held it for 3 weeks, gave me a signed written contract - he has the right to rescind or breach it under Florida law and will only be required to return my deposit.

What is the purpose of having a written contract if it is that easy to get out of. Will a small claims court not require him to fulfill his end of the contract? I have given him no reason to break it.

I certainly do not want to spin my wheels here or spend any more time or money on this if it is a lost cause in the end.

I had to secure a trailer in order to pick up the boat. I had every reason to believe he was going to keep his word to me. He didn't give any indication he would back out of the deal until I called him in order to give him the balance and get the signed title.

http://www.clerk-alachua-fl.org/clerk/smclaims.html

You will note small claims is for the " Value " , meaning small claims awards are for money .

There may be laws on penalties for breaking contracts . I do not know personally , but that's why I'm saying , you should cash the check ( find out from the back first if the amount is in his account ) , then try selling the trailer, or see if you can return it for a refund .

You do not say what the contract said about paying the balance , but you purchased a trailer for the boat , before the final balance .

Kind of like putting the cart before the horse .

srssrs said:

So - what you're saying is even though he agreed to sell it, accepted my check, cashed it, held it for 3 weeks, gave me a signed written contract - he has the right to rescind or breach it under Florida law and will only be required to return my deposit.

What is the purpose of having a written contract if it is that easy to get out of. Will a small claims court not require him to fulfill his end of the contract? I have given him no reason to break it.

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Okay, lets try this again.....
The small claims courts are for money issues ONLY. They will not consider an issue of 'specific performance' (forcing the other party to comply with the contract). If you want to pursue that issue, you will have to file in a higher court.... and that will require an attorney. Does your written agreement include a clause for attorney fees to prevailing party?? If not, then your legal fees will very quickly eat up any money that you could even hope to claim due to the breach. BTW, based solely on the information in your post, you probably have a good case for breach and specific performance.

So, which is it going to be.... accept the $1000 'refund' and rescind the agreement, or spend far more than that in trying to force the seller to comply??

Just refusing to sell!

OK - I think I understand - This is not a matter for small claims court!

The purchase agreement is straightforward. It is dated 8-8-04. It states a purchase price of $4500, my deposit check received of $1000, an amount due of $3500 (no specific time due). He signed it. It says: "Give me a call when you are ready and I will drop off the keys & title. Talk to you soon."

When I sent my check I told him (in a letter) that I would have the transaction closed within 60 days. He had told me verbally that anytime would be fine. There was a hurricane that passed thru the area and I was concerned that the boat was still OK. I tried to call him & the party whose house it was at (on a lift) to verify it was OK. I was not able to get in touch with anyone for days (due to power & phones being out). When I finally reached him - he told me that my calls pissed him off and that he would return my deposit & the deal was off. This seemed very odd to me as all I was trying to do was complete the transaction. He is very irrational & will not speak to me.

I received his check for $1000 (2 days ago) but have not yet cashed. I thought I had some rights in this situation - am I wrong? Can he just break the contract & I have no recourse? I have spoken to a man that has seen the boat & it was not damaged or hurt in the hurricane.

What really complicates things is I am in NC and the boat is 10 hours away in FL.

How much might it cost me to pursue this & how successful might I be if all the facts I have stated are correct & can be verified (with documentation)? The boat will have a market value of $15-$20K with just a little TLC on my part.

Can anyone offer me some good advice?

The boat will have a market value of $15-$20K with just a little TLC on my part.

Can anyone offer me some good advice? [ quote ]

Yes . Go look for a different investment .

srssrs said:

OK - I think I understand - This is not a matter for small claims court!

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Give the man a cigar!!

I thought I had some rights in this situation - am I wrong?

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Nope, you're not wrong. But what are you going to do about it now??

Can he just break the contract & I have no recourse?

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Did you even read my earlier response. I told you what recourse you had.

How much might it cost me to pursue this

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It might cost $200. And it might cost $20,000. No one can answer as we don't know how much your attorney might charge, how long it might take, or whether the seller 'caves' early (low cost) or forces this to a trial (high cost).

how successful might I be if all the facts I have stated are correct & can be verified (with documentation)?

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Again, read my post.

Can anyone offer me some good advice?

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Yes. Already done. Read my earlier post.

Oh, and you're welcome!!