Legal Question in Real Estate Law in Illinois
special order cabinets
We are building a new house. The special order agreement was signed for the cabinets, but no money was put down. To us, it was an agreement on product selection, not an agreement to purchase. We assumed the cabinets would be ordered when our contractor went to pay for them, when he anticipated they'd be needed. the cabinet salesman went ahead and ordered them, without our knowledge. During this time, we found other cabinets that we have since purchased & had installed. The cabinet salesman is threatening to put a lien on our home for the cost of the special order cabinets even though they were never delivered. With no money down and no delivered product, can they put a lien on our home?
4 Answers from Attorneys
Re: special order cabinets
Contract law usually requires that consideration be paid as one of the three elements to form a valid contract. There must be an offer, an acceptance, and consideration (dowm payment). The contract itself must be read to actually determine what liability, if any, you might have. Please call for a free consultation.
Re: special order cabinets
Well, if anyone can render an answer without reading the contract, they have a better crystal ball than I. I would strongly recommend that you consult a lawyer in your area to render an opinion after reading your contract. Good Luck!
Re: special order cabinets
No opinon can be provided without reading the entire document.
Re: special order cabinets
Without reading the contract, it's difficult to answer, however, only based on what you say, sounds like you are entitled to delivery but also obligated to pay.
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