Legal Question in Business Law in Connecticut

We sold a utility trailer in the state of ct. and the buyer has not picked up the trailer.On sep16 the man left a dep.the next day he gave us the rest of the money and my husband gave him the bill of sale.he said he would pick it up in a couple of days.no call no show,so my husband called him and asked him when he was picking up the trailer.He told my husband that his insurance lapsed on his truck and he would be here again in a couple of days..still no show or call.my husband called him again and first he said that he was still waiting on his insurance and than in the same call said he sold his truck to his friend? My husband stated that this was not our problem and he would need to make arraignments to pick up the trailer by fri. oct.2. and the buyer agreed.what should we do for the next step?I told my husband that we should send a certified letter giving him until oct 20 (This would be over 30 days from sale) and that if he does not pick it up by then he forfeits the money.We had to turn away 3 people that wanted to buy the trailer.Is this legal? PLEASE HELP!! Thanks.


Asked on 10/02/09, 9:21 am

1 Answer from Attorneys
Linda Subbloie Linda A. Subbloie, Esq.

You didn't state how much the buyer paid for the trailer. Nevertheless, I think the certified letter with the deadline is a good idea.

However, I think that you have a duty to mitigate your damages. Therefore, although he may forfeit his money per your letter, I think that you need to still try to sell the trailer to someone else and if you recoup all of your money (including any additional reasonable costs to sell it after he bought it), you should return the money he paid you if he asks for it back.

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Answered on 10/07/09, 10:42 am


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