More details to this question:
I had listed a horse for sale and had multiple conversations with a prospective buyer via text, messenger, and phone about the horse. She offered to buy him for $5000 and I initially agreed via messenger. She then sent a deposit in the mail the next day; however, after discussing the sale with my family, my own children were devastated that we were selling him and we decided to keep him instead. I notified the prospective buyer less than 48 hours after my initial agreement via text, apologized profusely, explained that I would send her deposit check back as soon as it arrived since I was still waiting to receive it and I even offered to reimburse her for any deposits she had made to a hauler. The deposit check was mailed back to her and I never even opened it, but she is now threatening to sue me for breach of contract. Am I in breach of contract?
1 ANSWER
Assuming that the statute of frauds, which generally requires that agreements to sell goods valued at over $500 must be in writing, has been satisfied, it appears so, but, unless the horse is somehow unique, the other party may not be able to compel specific performance of the contract, and if the price you agreed to was market value, the other party may not be abel to show any damages from the breach. In other words, although you appear to have breached, the other party may not have been hurt and may have no remedy.
Answered on Sep 18th, 2018 at 8:06 AM