What are a seller’s remedies for a breach of contract regarding the sale of equipment?
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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 12 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.
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