Is it unlawful to stop payment on a check made for a legitimate "as is" transaction?
Question Details:
I sold a garden tiller. We both signed a contract said that the tiller was sold "as is." The buyer paid by check. The day after the sale, the buyer called me to say that the tiller had stopped working and asked that I take it back. The buyer put a stop payment on the check. Other than taking the buyer to small claims to collect the sale price in the contract, are there other legal remedies? Can the buyer be held liable for damages other than the sale price in the contract?
Without sounding as if I am passing the buck here, what does your contract say? Contracts are agreements between parties and should lay out the rights and obligations therein. A court wll generally not take in to account any oral testimony or parol evidence that would alter the terms therein. You have a few options to explore here: look up and see what the obligations of a private seller is with an "as is" contract. Also, "bad check" laws may apply here to your transaction. Look those up as well. If they do apply then you are entitled to those damages listed under their laws, which probably include the fees incurred by you at your bank and collection fees. Good luck.
