Legal Question in Civil Litigation in Illinois

Re: Intent to purchase

�Is buyer liable?� It depends. I�d have to see the emails and learn the facts. If, throughout everything, the seller could have simply cancelled the deal with the buyer (e.g., by selling the motorhome to someone else) without incurring liability to the buyer, then the buyer could also cancel the deal. It�s called mutuality.

The important point is whether your emails became a contract, a meeting of the minds. Intent to buy is not a promise to buy. Negotiations are not a contract. And the fact that the deal wouldn�t be sealed until the buyer had done a walk-through argues against it being a contract.

In sum, if no contract, then no liability.

If the buyer is liable, he would only be liable for the natural and probable consequences of his failure to buy as promised. Moreover, the consequence must be foreseeable. The seller�s loan costs don�t seem to be foreseeable to the buyer. Did the seller tell the buyer he would incur continuing loan costs if the item wasn�t sold as agreed to?

Re: Intent to purchase

The emails would be examined to determine whether the language therein amounted to a contract between you and, if so, what the terms of the contract were, including if you cancelled. However, it is unlikely that a contract arose if it was dependent on you doing a walk-through. Have an attorney review the documents.