Legal Question in Consumer Law in California

Purchaser stopped check payment for goods

I took gold and silver boullion to an antique dealer to sell. We weighed the items, negotiated and agreed on the price. He wrote a check for the agreed amount. The next day he stopped payment on the check without notification. Meanwhile I wrote checks based upon the check deposit. My bank notified me 7 days later about the bad check and I contacted the dealer. He said that he made a $1000 error and would not honor his check. He offered to return the boullion but the amount he wants to return is less than what I brought. My bank has closed my account. What can I do?


Asked on 8/27/01, 8:10 pm

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Purchaser stopped check payment for goods

Thanks for your posting. You have a breach of contract situation. You are entitled to sue for the breach of contract, including all closely related costs, which may include your bounced check fees.

The defense the other party may rely upon is based upon a "mistake". If it is so unreasonable that the parties did not realize that the amount was wrong, the court may allow the other party out of the contract. With a $1,000 error, however, the law might be in your favor, since it was close enough to be considered part of what he bargained for.

Thanks,

Robert Miller

Attorney at Law

714-568-1560

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Answered on 9/17/01, 1:17 pm


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