Buyer of item not holding their part of deal...

JohnCleary

OK let's pretend there is a situation here....

Someone is selling a machine privately, as to which there is no formal log book (like a car has, this machine doesnt). Obviously the seller has proof he owns the machine, but in Ireland there is no formal book to sign (No bill of sale in Ireland as far as I can remember)

OK so the buyer agrees to buy this machine, and both seller and buyer sign it and each has a copy.

Then BUYER pulls out, AFTER signing it. In the meantime the SELLER has spent a few hundred euro and lots of hours labour preparing this machine for sale (like cleaning etc.)

Does the seller have any chance to recoup his costs which were spent soely because of the buyer? Or is the agreement paper best off to be used as toilet paper?

Tom Young

Offer + Acceptance = Agreement.
Agreement + Consideration = Legally Enforceable Contract.

Consideration means transfer of funds, property etc.

Depending on the costs you could claim against this.

Effectively the claim is one for breach of contract.

Jo King

JohnCleary wrote: »

OK let's pretend there is a situation here....

Then seller pulls out, AFTER signing it. In the meantime the buyer has spent a few hundred euro and lots of hours labour preparing this machine for sale (like cleaning etc.)

Does the seller have any chance to recoup his costs which were spent soely because of the buyer? Or is the agreement paper best off to be used as toilet paper?

According to this the seller has not spent any money. The buyer has cleaned the machine so the seller is getting a benefit. The seller has pulled so how can he look to recoup costs he has not incurred? The buyer has cleaned the machine and should sue the seller for breach of contract and/or specific performance.

Tom Young

I think that might be a typo!

JohnCleary

Jo King wrote: »

According to this the seller has not spent any money. The buyer has cleaned the machine so the seller is getting a benefit. The seller has pulled so how can he look to recoup costs he has not incurred? The buyer has cleaned the machine and should sue the seller for breach of contract and/or specific performance.

As said by Tom, typo, sorry I should had read it twice.

Basicly, the BUYER left me a £100 (Sterling) deposit. However the costs of me preparing this mahine have been close to €400 so i'm out about €250 for nothing

If this were a 'real' situation, i'd consider contacting my solicitor. However the SELLER doesn't want to be laughed at by the solicitor if the piece of paper with both our signatures and conditions of sale on it is useless

Jo King

JohnCleary wrote: »

As said by Tom, typo, sorry I should had read it twice.

Basicly, the seller left me a £100 (Sterling) deposit. However the costs of me preparing this mahine have been close to €400 so i'm out about €250 for nothing

The "SELLER" left a deposit! I have often heard of a buyer leaving a deposit but never a seller. No wonder he is worried about being laughed at by his solicitor. If the buyer has paid a deposit and reneged then he can be sued for the full purchase price. It should be relatively easy to establish that there was a legally binding contract if there is a signed note or memorandum of sale.

JohnCleary

Jo King wrote: »

The "SELLER" left a deposit! I have often heard of a buyer leaving a deposit but never a seller. No wonder he is worried about being laughed at by his solicitor. If the buyer has paid a deposit and reneged then he can be sued for the full purchase price. It should be relatively easy to establish that there was a legally binding contract if there is a signed note or memorandum of sale.

Oh my god I am so soft today, what the heck!

Anyways back on topic. I had to edit that post again.

The BUYER left a £100 deposit sterling
The seller stated, in writing that full payment must be in the sellers account by 2nd December 2007. The buyer then signed, agreeing to this.

Do you think a visit to a solicitor is in order?

Tom Young

Well I do!

UK Contract law provisions are very similar by the way, in case there was any concern over the mapping of UK to Ireland on this type of scenario hypothetical as it is

JohnCleary

That's very interesting.

I know that involving a solicitor would never make the BUYER buy the boat, but it might make him brick his pants a bit, that would be punishment enough for the grief he has caused the SELLER

Gibbins123

theres definately a civil case there. breach of contract.