breach of contract

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breach of contract

I had signed a contract with an individual for a purchase of a motorcycle. The contract states that I will pay a total of $3000 but no payment schedule, because the individual said to pay as much as I coould when I can.  He came and took the bike back after I had payed $350 over a month and a half. Is there anything I can do legally to get the motorcycle back or sue him?

Asked on March 25, 2009 under Criminal Law, Florida

Answers:

Robert Pellinen / Law Offices of Robert Pellinen

Answered 13 years ago | Contributor

What he did is called "self help."  Instead of going through the procedure to rescind or modify the contract and set up payment terms, he took the bike and your money.  Technically, this could be considered a theft under the criminal statutes because you were the owner in possession of the bike and he took it without your permission to "permanently deprive" you of your bike.  You can go to small claims court and request your money back and/or you can file an action for return of your personal property. But you should at least get your money back, or most of it. I hope this information is helpful to you. Under the statute of frauds contracts in excess of $500-1,000.00 must be in writing.


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