Legal Question in Credit and Debt Law in Alaska

Defalt of Sales Agreement

On Nov 8 03 a sales agreement was signed between me and a purchaser of my mobile home. The mobile home was to be paid for in full and removed from our property by 11/27/03 as we were to start building our home on property. As of date the mobile has not been removed and we have only collected 1/2 of the money due to us. Purchaser signed a contract stating it had to be moved by 11/27/03 and that once said property has begun the prep for removal that the contract could not be voided and that she is responible for all damages that occure to the mobile. We have verbally extended her date to remove mobile to 1/27/04 as she was having some personal problems. It is now Feb.the mobile is still on the property. I have tried for 2 weeks to contact purchaser via phone to discuss the issue, she has not returned the call. I have a church interested in the mobile for a homeless family, I am willing to donate it to them as I am tired of messing around with this. I am living with family memebers, paying storage fees, and waiting for my house to be built. I am asking if I am obligated to return her deposit before giving the mobile to the church. Or if I can keep it for all the headaches, damage etc....


Asked on 2/13/04, 2:10 pm

1 Answer from Attorneys
James Szender Law Office of James R. Szender

Re: Defalt of Sales Agreement

I really hate to respond to a question this way, but with only the facts given in your Question, the only answer that can be given is "maybe". It all depends on the totality of your agreement, both written and unwritten, with the buyer. While it appears clear that the buyer is in default on the contract, the scope and nature of the remedies available to you will depend on numerous other facts, including but not limited to your mutual understanding of what would happen if she defaulted, which are missing from your somewhat brief description.

Please feel free to contact me directly or resubmit your question with more details.

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Answered on 2/13/04, 7:33 pm


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