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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11149
Experience:  30 years as a practising solicitor.
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Can I take someone to small claims for not honouring a

Resolved Question:

Can I take someone to small claims for not honouring a verbal private agreement re sale of goods agreed prior to sale of my house. Wasn't included in levels but was mutually agreed verbally and by text with sum and goods, the individual waited until
After missives were concluded and now will not follow through.
Submitted: 10 months ago.
Category: Scots Law
Customer: replied 10 months ago.
I messaged the other day to agree date to conduct the transaction and she said she wasn't in a position to pay which leaves me in a difficult position having to resell items or move them. More annoying is that this person knew the purchase of goods was a material point in me accepting her offer as it was financially beneficial for me
Expert:  JGM replied 10 months ago.

A separate verbal agreement in relation to moveable property is binding. You would sue for the contact price plus removal costs less what you manage to sell the items for elsewhere. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 10 months ago.
if sum of £5k was agreed we can sue for that plus any other associated costs?
Expert:  JGM replied 10 months ago.

Less the amount you get for selling the stuff elsewhere, yes.

Customer: replied 10 months ago.
Do we need to be seen to sell at if the goods agreed ? We will probably not have time before move ?
Expert:  JGM replied 10 months ago.

In that case you would need to include a crave for implementation of the contract. Or you would wait until you had sold them. You couldn't sue then sell elsewhere. That would be double recovery.

Customer: replied 10 months ago.
As in give her goods for funds? We are happy to do this we just want what was agreed?
Expert:  JGM replied 10 months ago.

Yes, that's right.

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