Legal Question in Business Law in Pennsylvania

I am a registered, insured contractor in Pa. I have a notorized agreement with a party who I installed a concrete floor. He paid for the concrete at time of installation. The agreement states I have 90 days to reimberse him for the concrete and take posession of a motorcycle he owns free and clear. If I have not picked it up within 90 days I would have no recourse what so ever. Today is Wednesday and Monday is the 90th day. We made arrangements to transfer the title and pick up on Saturday. What if the motorcycle is not made available to me on Saturday?


Asked on 1/13/10, 11:06 am

1 Answer from Attorneys
Sharmil McKee McKee Law Office

You go to court. You file an action for return of property (usually called replevin) and specific performance. You will have to prove that you are entitled to the property according to the contract. You will of course have to prove that you did all the things you said you would do (for example, complete laying the concrete floor, pay for the material.). Based on what you have written here, you should win, assuming the guy still has the motorcyle and it is in good condition.

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Answered on 1/21/10, 12:07 am


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