out of state buyer breaches contract!

[halfceo]

What is the name of your state? IL

Have written contract for selling vehicle to an individual in Kansas. The agreement stated that he will pick up vehicle and pay for vehicle in IL. 2 Days after agreement is complete, buyer sends me an email saying he no longer wants to buy car because he did not realize how far chicago is from Kansas (I kid you not!)... I sold the car for 250 dollars less... My questions:

1. Is he responcible for the difference between his price and what I sold the car for and the cost for me to re-list the car?

2. If answer to question 1 is yes... Do I file in Kansas or in IL... The expected sale was to take place in IL.

 

[seniorjudge]

What is the name of your state? IL

Have written contract for selling vehicle to an individual in Kansas. The agreement stated that he will pick up vehicle and pay for vehicle in IL. 2 Days after agreement is complete, buyer sends me an email saying he no longer wants to buy car because he did not realize how far chicago is from Kansas (I kid you not!)... I sold the car for 250 dollars less... My questions:

1. Is he responcible for the difference between his price and what I sold the car for and the cost for me to re-list the car?

2. If answer to question 1 is yes... Do I file in Kansas or in IL... The expected sale was to take place in IL.

You have no damages.

No damages, no case.

 

[Zigner]

You have no damages.

No damages, no case.

Assuming the "contract" is valid, then he does have damages which are the difference between the contract amount and the amount he ended up selling the vehicle for.

 

[seniorjudge]

Assuming the "contract" is valid, then he does have damages which are the difference between the contract amount and the amount he ended up selling the vehicle for.

Do you have one case or one statute upholding your theory?

 

[Zigner]

Do you have one case or one statute upholding your theory?

You're kidding, right?

 

[divgradcurl]

You're kidding, right?

If no payment has been made, there is no "consideration," and therefore no contract, writing or not.

 

[Zigner]

If no payment has been made, there is no "consideration," and therefore no contract, writing or not.

Tell that to your mechanic next time you pick up your car after being repaired...

 

[tranquility]

Seniorjudge:
Hadley v. Baxendale?

An aggrieved party may recover those damages "as may fairly and reasonably be considered ...arising naturally, i.e. according to the usual course of things, from such breach of contract itself." The UCC requres an attempt at mitigation. So, rather than getting the whole amount for the car from party one, OP resold the car to lessen the damages. Which will be the responsibility of the breaching party.

divgradcurl:
Review consideration.

 

[divgradcurl]

Tell that to your mechanic next time you pick up your car after being repaired...

Please. The mechanic's labor is the "consideration" for the contract. A simple exchange of promises -- "I promise to buy your car on such-and-such a date" -- even if written -- is insufficient to create a contract. The buyer was never under any obligation to buy the car, and the seller was under no obligation to hold the car for the seller.

If you drop off your car to be repaired, then pick it back up again before the mechanic has begun work on it, is the mechanic entitled to any damages?

 

[Zigner]

Please. The mechanic's labor is the "consideration" for the contract. A simple exchange of promises -- "I promise to buy your car on such-and-such a date" -- even if written -- is insufficient to create a contract. The buyer was never under any obligation to buy the car, and the seller was under no obligation to hold the car for the seller.

If you drop off your car to be repaired, then pick it back up again before the mechanic has begun work on it, is the mechanic entitled to any damages?

The "consideration" on OP's part would then be the refusal of sale to other parties.

 

[divgradcurl]

The "consideration" on OP's part would then be the refusal of sale to other parties.

He didn't say that he refused any other sales, just that he sold it for less than what this guy offered.

Look, since you are the expert on contract law, why don't you offer to represent the OP and sue the pants off of the buyer?

 

[tranquility]

I must be missing something. Why is there even a question of a contract?

Contract=offer + acceptance + consideration. I am going to assume that in the signed writing between the two parties there was some meeting of the mind. As consideration? For the OP it is the car and for the other party it is the cash. Delivery of the consideration, and lack thereof, is what tells us how this contract was or was not fullfilled. OP was ready, willing and able to deliver and the other party refused. That seems like a breach to me.

It's not worth the time of anyone but the OP in small claims because of the small amount of damages. Even the OP's time may be worth more than the $250 and additional costs for advertising it took to mitigate his damages.

 

[divgradcurl]

I must be missing something. Why is there even a question of a contract?

Contract=offer + acceptance + consideration. I am going to assume that in the signed writing between the two parties there was some meeting of the mind. As consideration? For the OP it is the car and for the other party it is the cash. Delivery of the consideration, and lack thereof, is what tells us how this contract was or was not fullfilled. OP was ready, willing and able to deliver and the other party refused. That seems like a breach to me.

It's not worth the time of anyone but the OP in small claims because of the small amount of damages. Even the OP's time may be worth more than the $250 and additional costs for advertising it took to mitigate his damages.

There is no breach because there is no contract.

 

[Zigner]

http://www.lectlaw.com/def/c123.htm

http://www.thefreedictionary.com/contract

http://www.nolo.com/definition.cfm/term/5477BBD7-40E0-492E-9A623482AE9D47FC


One other thing to remember is that there IS consideration in this *contract*.
Specifically, the exchange of money for the vehicle.
A contract doesn't have to have money (or other consideration) "change hands" at the moment it is created in order to be valid.

From lawinfo.com:

Consideration

Under common law, there can be no binding contract without consideration, which was defined in an 1875 English decision as "some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other". Common law did not want to allow gratuitous offers, those made without anything offered in exchange (such as gifts), to be given the protection of contract law. So they added the criteria of consideration. Consideration is not required in contracts made in civil law systems and many common law states have adopted laws which remove consideration as a prerequisite of a valid contract.



Now, to address whether I should represent the OP in court...you're funny. First, it's a small claims matter. Second, I don't think it's worth it in OP's case to even pursue in court. HOWEVER, he could successfully pursue this if he so chose.

 

[divgradcurl]

Hypothetical: had the seller been the one to rescind the offer to sell, do you think the buyer would have a cause oif action against the seller?

Now, to address whether I should represent the OP in court...you're funny. First, it's a small claims matter. Second, I don't think it's worth it in OP's case to even pursue in court. HOWEVER, he could successfully pursue this if he so chose.

Third, are you a lawyer?