What to do if f a person bought inventory from another person but the inventory ended up short, not as described and not worth as much as was made out to be?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if f a person bought inventory from another person but the inventory ended up short, not as described and not worth as much as was made out to be?

Can that person sue the other person? What if the person buying still owed money and refused to pay. Could the seller take the buyer to court and sue them?

Asked on October 1, 2013 under Business Law, Nevada

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The buyer of the inventory could sue the seller for breach of contract.  A material (major) breach of contract has occurred since the inventory was short, was not what was described, and was not worth what the seller had claimed.  When there is a material breach of contract, the buyer can sue for breach of contract without tendering performance (paying for the goods), but see the exception below if shipment can be delivered in lots

If the inventory could be delivered in installments, then if a breach of contract occurred for one shipment, but not all shipments, then the entire contract has not been breached and buyer would have to accept delivery of subsequent installments.

Seller could sue the buyer for breach of contract for failure to pay for shipments of inventory which complied with the terms of the contract.


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 lock Secured with SHA-256 Encryption