Legal Question in Business Law in Pennsylvania

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, my first question would be whether there was a written contract. If so, then it would depend what this written contract states are the terms of the agreement with regards to recision and termination of the contract. If nothing was written, then an issue of the Statute of Frauds arises. As this appears to be for a sale of goods, pursuant to the Uniform Commericial Code which is in effect in Pennsylvania, a sale of goods which is over $500 must be in writing and signed by the parties for the contract to be legally binding against the party it is trying to be enforced. However, the situation can possibly change if the sale of goods was between two merchants at which point the UCC is slightly more liberal in its application of the Statute of Frauds.

As for the issue of whether a bad check was passed or if there was some form of criminal act occurring, that is something you will have to address with the police. The police and the Office of the District Attorney will look at the matter and determine whether they believe a criminal prosecution is called for.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

Robert H. Graff

The Ezold Law Firm, P.C.

One Belmont Avenue,

Suite 501

Bala Cynwyd, PA 19004

(610) 660-5585

[email protected]

www.ezoldlaw.com

The intentional fraud issue is a separate criminal matter, but you would very likely have a claim for the value of the goods, or any contractually agreed upon price. You're absolutely right to be concerned about where liability might attach. Was the check in his business name? Do you think there is any money in the bank account? Were there any personal guarantees made in the process? There would need to be some exception for personal liability to attach, but if I had a better idea of the circumstances surrounding the transaction we can see where you might go from there.

If you would like to discuss your matter further over a free phone consult, feel free to contact me at your convenience.

Regards,

Michael J. Duffy, Esq.

Duffy Law, LLC

1-888-414-5773

www.mduffylaw.com

1500 Market Street

12th Floor, East Tower

Philadelphia, Pennsylvania 19102

52 Berlin Rd.

Suite 3000

Cherry Hill, NJ 08034

[email protected]

Please note: The information provided here is for general informational purposes only and should not be construed as legal advice or legal opinion on specific facts or circumstances. You should consult an experienced attorney concerning your particular factual situation and any specific legal questions you may have. No attorney-client relationship is created merely through the exchange of information via this web site. Michael J. Duffy will not undertake representation of a client without the client first signing a written retainer and representation agreement.