What are a seller’s remedies for a breach of contract regarding the sale of equipment?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are a seller’s remedies for a breach of contract regarding the sale of equipment?

A business owner purchased some fitness equipment from me for a new gym he was opening. There was a signed contract between us with each piece of equipment he purchased; on the contract it stated that he was to pay me monthly until it was paid for. It’s been 3 months now and he has not paid me anything. He keeps saying the money is in the mail but nothing ever shows up. I want to take back the equipment and try to resell it. How can I go about collecting it? He will not answer the phone or call me back to arrange this. Can I just show up at take it back?  He’s in MD; I’m in VA.

Asked on June 4, 2011 under Bankruptcy Law, Virginia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Here is the situation, depending on where the contract was signed for (probably Virginia if I take a guess here), your rights may differ and the laws may differ whether this is purely a breach of contract matter or a theft. If he has not paid a dime on this, he has basically stolen these items from you and you should consider filing a police report both in Virginia and Maryland. Then, if that route doesn't go anywhere, consider filing a lawsuit for those items in a Virginia court and see if you can obtain jurisdiction (personal and subject matter) over him in Virginia due to the contract and everything occurring in Virginia. Then, contact, contact the Attorney General in your state and in Maryland and see if their consumer protection bureaus can possibly help you get the monetary amount you seek. You can also simply show up and see if he calls your bluff. But if you intend on repossessing these items in Maryland, check out the repossession laws in Maryland and see if you need to hire a third party company to do it.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption