Legal Question in Consumer Law in New York

I advertised some fencing on craigs list last year and got a buyer for it. We agreed that I would hold onto it for the winter and she would pick it up in the spring. She put a down payment on it and we both signed a paper stating that the rest would be paid in full in the spring. I dont want to be a jerk but I dont have a number for her and she has not tried to contact me to pick up the fence. I was wondering that if summer rolls around and the fence is stil in my posession do I still have to honor this piece of paper


Asked on 5/14/11, 9:52 pm

1 Answer from Attorneys
SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

If she does not pick up the fence in the Spring, you may sell the fence for the advertised price and return the down payment if she shows up.

If you sell the fence for less than the agreed price to a third party, you deduct it from the down payment and return any left over portion to the original purchaser.

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Answered on 5/15/11, 9:42 am


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