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Old Oct 02, 2012, 11:00 AM
theghosttanker is offline
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United States, NY, Lewiston
Joined Apr 2011
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Anybody want to hear the facts from a REAL lawyer? The seller claims he can run his business however he wants, but that is factually untrue. His actions must conform to the UCC and common law regarding contracts. In this case, they clearly do not. The buyer made an offer to buy the motor and the seller clearly accepted it. At the moment the buyer received the acceptance, a legally binding contract was formed. The buyer was legally obligated to send the money, and the seller was legally obligated to send the motor. There were no provisions stated in the contract allowing for the unilateral rescission of the contract by the seller. Therefore the seller had absolutely no legal right to rescind the contract, and he breached the contract when he did. It doesn't matter whether the money was sent or not or the check was cashed or not....the contract was legal, binding, and in existence at the time the seller agreed to the offer, and the seller was legally bound to sell that motor to that buyer at that price. Neither the buyer or the seller had any legal right to change their mind after the contract was formed.
The seller breached the contract. He owes the buyer the fair value of reasonable replacement goods. In other words, if the buyer cannot find a replacement at the agreed-upon price, the seller is liable for any additional price the buyer must pay to obtain an equivalent motor. That's the law, and if the buyer chooses to sue the seller, he would prevail in this case.
There is no defense for the seller's actions. He illegally rescinded the contract and violated the legal rights of the buyer. The excuse (the check looked fishy) is completely irrelevant for two reasons: The check was NOT fishy, and, more importantly, even if it had been, under contract law, the buyer had the right to make good on his obligations to pay (send good payment by other means) within a reasonable time. In other words, if the check had bounced, the seller STILL has no right to rescind the contract IF the buyer makes payment by some other method within reasonable time. The only way that the seller can rescind the contract without breaching it is if the buyer has breached first....and the buyer has a reasonable time (usually 30 days) to satisfy his obligation to pay before he would be considered to be in breach of the contract.
That's the law which, in this case, the seller MUST conform to as he conducts his business. He MAY NOT conduct his business "any way he pleases", no matter how much he thinks he should be able to.
In common language: A deal's a deal. If you can't conform your business practices to that simple premise, you lack integrity and deserve to get sued, insulted, and boycotted so that honest and fair businessmen get your business instead.
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