What to do about a breach of contract?

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What to do about a breach of contract?

I’m selling a horse. In the contract the buyer agrees to make payments. She verbally agreed to pay $200 a month but has only paid half for the last 2 months. Is this a breach of contract? I informed her that I would be picking the horse up but she told me that she wouldn’t let the mare go. And that she has moved her. How do I go about getting my horse back?

Asked on December 9, 2012 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You would have to sue the buyer for breach of contract--oral or verbal agreements are enforceable. You would sue in the alternative for either the return of the horse and/or for the remaining money she owes you; courts are sometimes reluctant to order someone to do something, like return property, and much more comfortable providing monetary compensation, which is why you should sue for both.

 


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