Legal Question in Civil Litigation in Missouri

I have an written agreement to sell a motorcycle to a guy. We signed it on Aug 2. I called him to touch base a few days ago and he said State Farm was sending a check. Called him last night left a message to call me because no payment has arrived. This morning I called him and his phone number has been disconnected. My question is, Is there any way to get out of this written agreement or am I stuck until he decides to pay no matter how long it is or even does not pay at all?


Asked on 8/21/09, 10:58 pm

1 Answer from Attorneys

Anthony Smith LawSmith

If you have nto given him the mororcycke yet, you may rescind the agreement upon notice to the other party. If he has the motorcycle yu might have to repo it, sell it and then you might be ble to go after him for the balnce between what he was supposed to pay and what you got selling it again the second time, plus the costs of repo and sale. There are several technical criteria to soing this, so be careful if you choose that option. If he has the cycle, and you do not want to go through repo, then you can sue him for the amount he promised to pay.

Good Luck

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Answered on 8/24/09, 5:25 pm


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