What to do if we sold a horse at an auction over 3 months ago and have yet to be paid?

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What to do if we sold a horse at an auction over 3 months ago and have yet to be paid?

We sold a horse at a reputable auction establishment over 3 months ago. The terms of the contract stated we would be paid within 10days of the auction. While we are happy our horse has found a great new home, but the auction house has yet to settle up with us. We have called and they apologized and said the owners were going through a divorce but we would receive a check soon. That was several weeks ago and we still haven’t received payment. What legal recourse do we have and what should our next steps be?

Asked on November 26, 2010 under Bankruptcy Law, Kansas

Answers:

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

Answered 10 years ago | Contributor

Well what you have here is a breach of the terms of the contract with the auction house.  You now have to decide if you want to sue them to enforce the terms.  That will mean figuring out what exactly the contract states and what court you should being the action in.  Is he payment to you contingent upon the payment to them from the purchasers?  Or is payment to be received by you within 10 days as you say regardless of payment to the auction house?  Figure  that part out before you start the suit.  And what court you bring the suit in will depend on how much the horse sold for.  Is it enough for small claims?  Good luck.


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