I took a deposit on a motorcycle I have for sale, I also signed a contract stating the balance would be paid when I delivered thr bike to the owners residence. We had a verbal agreement to deliver the motorcycle the following Monday or Tuesday when the buyer got back in town. The buyer is one pushing the date back by a week, I am concerned that he doesn't have the rest of the money. There is a 21 day clause written in the sales agreement. I have a back up offer on the motorcycle, can I legally give the first buyer 48 hours to perform on the contract or return his deposit and sell the motorcycle to the other guy?
Private sales contract
- Thread Starter Slidemfar
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disagreeable
Well-Known Member
It appears you must honor the intent of the 21 day clause. We cannot read the agreement.
mightymoose
Moderator
Maybe.
Ordinarily I would say yes, you could, but since you say there is a contract then it depends on what exactly it is that you signed an agreement to. If you signed an agreement giving the buyer 21 days you should probably honor that.
Regardless of the contract, yes you could still sell the bike to the other buyer and refund the deposit in full. If the first buyer was upset enough to try to bring some sort of action against you over the contract it would be up to him to do so. He would have to prove some kind of actual loss and go through all the trouble to get into court, which most people don't seem to follow through with.
If it were me, I would sell to the first person to show me the money.
Ordinarily I would say yes, you could, but since you say there is a contract then it depends on what exactly it is that you signed an agreement to. If you signed an agreement giving the buyer 21 days you should probably honor that.
Regardless of the contract, yes you could still sell the bike to the other buyer and refund the deposit in full. If the first buyer was upset enough to try to bring some sort of action against you over the contract it would be up to him to do so. He would have to prove some kind of actual loss and go through all the trouble to get into court, which most people don't seem to follow through with.
If it were me, I would sell to the first person to show me the money.
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