Legal Question in Civil Litigation in New York

Hello, I have a vehicle that I am selling to a guy and I had been taking weekly payment from him. When I agreed to take the payments from him I wrote up an agreement that we had both signed that stated he would have the truck paid in full by a certain date. The agreement date has come and gone now and I haven't herd from him in 3 weeks. Can I legally notify him that the truck will be placed back up for sale and he is not getting any of his money back?


Asked on 2/02/16, 3:27 pm

1 Answer from Attorneys
Michael Krigsfeld William Schwitzer & Associates, P.C.

Chances are that would not fly in court with one caveat. I do not know if there is a provision in the contract for liquidated damages (the breaching party pays a small penalty for backing out of the contract). The theory behind the liquidated damages would be that you may have foregone selling the vehicle to another potential buyer because you were in contract with this person.

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Answered on 2/03/16, 10:00 am


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