What can I do about someone who breached a sales contract?

My fiancee and I are in the process of selling our trailer to a woman and already have a contract signed and agreed upon by both parties. The contract states that she was supposed to pay us $1000 on the 2 months ago and then $500 the 1st and 15th thereafter until paid within 4 months. She has paid us $500 and has been giving us the runaround; now she has sent us a new contract that she wrote stating she will pay us $167 a month until $2500 total is paid off. The original amount was $3000. The original deadline would be the end of next month and this was agreed upon by both parties.

Asked on February 24, 2012 under Real Estate Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Please take your contract to an attorney in your state just to make sure that it complies with the laws.  This sounds like an installment contract.  Generally speaking, you have the right to sue for breach or specific performance on a contract.  The problem with installment contracts is that your right only arises after the installment is due and not paid.  That means waiting for the 1st and 15th of every month in order to sue for that payment unless there is an acceleration clause involved.  Please get help.  Good luck. 


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