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#1351651 - 08/23/13 12:04 PM Enforcing a contract
Sweet As Suggies Offline
Glider Guardian

Registered: 10/09/12
Posts: 1114
Loc: MI
Ok...how are contracts enforced if a buyer breaks the contract they signed? This is not happened to me, but I'm wanting to know for future purposes. For example - if I sell a glider to someone who doesn't have any other gliders, but have signed that they will be getting a second glider within so many months of purchasing my glider. If they do not get a second glider, how would I get my glider back (which is stated in my contract that this will happen). Do the police help, or do I need to take the person to court?

Thanks tounge
_________________________
Alicia

:cream: :bb: :plat: :wt: :leu: :wfb:

Naaya & Halo, Solari & Casper, Naphtali & Polar, Twilight & Cherish

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#1351652 - 08/23/13 12:09 PM Re: Enforcing a contract [Re: Sweet As Suggies]
HaddieInka Offline
In Pouch

Registered: 08/03/13
Posts: 23
Loc: Connecticut
It really depends on your contract. Although I do not breed gliders, I am very involved in Law by profession. If your contract does not "hold water", which most do not, then it can be extremely difficult, if not impossible to enforce. If it is not a legally binding contract, then they are just words on a page.

If your contract will hold up in court, then normally that is what you will have to do. Sometimes just a threat of bringing a person to court will help them do the right thing.

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#1351656 - 08/23/13 12:49 PM Re: Enforcing a contract [Re: HaddieInka]
Sweet As Suggies Offline
Glider Guardian

Registered: 10/09/12
Posts: 1114
Loc: MI
Hmmm...well I did have my attorney proof-read my contract, and they said everything looked great, but I hadn't thought of asking this question at the time we were discussing the contract itself. So I am hoping it would hold up in court if it needed to!

Thanks!
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Alicia

:cream: :bb: :plat: :wt: :leu: :wfb:

Naaya & Halo, Solari & Casper, Naphtali & Polar, Twilight & Cherish

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#1351658 - 08/23/13 12:59 PM Re: Enforcing a contract [Re: Sweet As Suggies]
HaddieInka Offline
In Pouch

Registered: 08/03/13
Posts: 23
Loc: Connecticut
Oh! So many people do not have it read by an attorney. GREAT job! smile Glad to see you protecting yourself and your babies!

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#1351689 - 08/23/13 08:57 PM Re: Enforcing a contract [Re: Sweet As Suggies]
PintoLady09 Offline
Glider Lover

Registered: 01/13/10
Posts: 591
Loc: Delaware
Not sure about the suggie world... but I gave a horse away on a no sale, no auction contract and if they couldn't keep it, I had to have first right of refusal. I was very specific about it all and very honest that the horse needed work. Well... about a year later, I found out she traded the horse for another, then traded that one for a pony and who knows what or how many trades later... Regardless, the horse was lost. And my well written contract? Well, it might as well have been a cage liner... to be valid to hold up in court, both signatures needed to be notarized...

Just something to ponder...
_________________________
Trina


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#1352659 - 09/05/13 09:58 PM Re: Enforcing a contract [Re: Sweet As Suggies]
MiniWidget Offline
Out of Pouch

Registered: 09/03/13
Posts: 55
Loc: Dover, DE/Arizona
I was told by my lawyer that whatever fee that I impose to a broken contract must meet the market value for the specific type of sugar glider.
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Jennifer
delawaregliders.com
"Where gliders are our babies."

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