Legal Question in Civil Litigation in Florida

I am trying to sell a boat.

The buyer and I signed a Purchase Agreement on Aug 15, 2009.

The Agreement stated a $5k non refundable deposit be made (it was) and the Agreed upon price of the boat was $50k. It was agreed upon than in 30 days an additional payment of $20k be made. It as 10 days late. At that time I released the boat to the buyer and a boat yard to make repars that the buyer wanted done.

The Purchase Agreement signed on Aug 15, 2009 states that the balance was to be paid within 90 days. (Due on Nov 15, 2009). It has not been. The agreemnt states that the balance shall be paid upon completion of a sea trial. I put that in there so that when we completed the sea trial on Nov 15 after the repairs were made and within the four corners of the contract date the final check would be handed to me.

The buyer released the boat to begin repairs on Nov. 12, 2009. (Three days before the due date of payment)The boat yard needs weeks to complete the work. The buyer is saying he does not care about the dates on the Purchase Agreement he will pay me when he gets his work done and the sea trial is done. He is on a pay as you go account with the boat yard.

What are my rights? Can I have a cease and desist order placed not allowing any further work until the balance is paid? Can I lock my boat up until he pays? What can I do? This could go on and on.

Help..

Respectfully,

Jim S.


Asked on 11/23/09, 11:21 am

3 Answers from Attorneys
David Slater David P. Slater, Esq.

Sue for breach of contract. The boat yard will also be looking for payment.

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Answered on 11/28/09, 3:12 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

The money is not due until sea trials are complete. Your error was in allowing him to perform repairs before he bought the boat.

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Answered on 11/28/09, 4:39 pm
Lesly Longa Longa Law P.A.

What did your agreement state? Is he only required to pay when sea trials are done? You could sue him for breach of contract, but I could not say more without reviewing the contract. Consult with an attorney. Regards,

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Answered on 11/28/09, 7:25 pm


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