Full question:
I purchased a china cabinet from an antique store, but before it was delivered (or my check cashed) the store managers discovered that the owner of the cabinet had already sold it to someone else. That person had also paid for the cabinet. However, the owner refuses to pay the store for their consignment, so the store refuses to release the item. How long does the store have to wait to be paid their commission before they can consider the owners transaction void and resell the cabinet to me?
- Category: Contracts
- Subcategory: Breach of Contract
- Date:
- State: California
Answer:
Your situation involves contract law. There isn't a specific legal timeframe for rescinding a sale or voiding a contract; it largely depends on the terms of the consignment agreement with the store owner. If the contract lacks clear terms about payment timelines, a court will evaluate the situation based on the facts and circumstances.
Contract law generally follows a hierarchy for determining vague or incomplete contract terms:
- Terms stated in discussions or writings exchanged that don’t contradict the contract.
- Terms implied by the conduct of the parties.
- Terms implied by industry customs.
- Terms implied by applicable law.
If you consider legal action, understanding contract law is essential. Contracts are legally enforceable agreements that create obligations. An oral contract (made verbally) can be enforced like a written one, but proving its existence and terms can be challenging. Written contracts typically allow more time to sue for breaches than oral contracts.
Contract breaches occur when a party fails to fulfill their obligations, leading to potential damages for the other party. Remedies for breaches include money damages, restitution, rescission, reformation, and specific performance. Rescission cancels the contract, while restitution aims to return the injured party to their pre-contract position. Specific performance compels a party to fulfill their contractual duties when monetary damages are insufficient.
In your case, if the store owner does not pay, the store may have grounds to consider the transaction void and resell the cabinet, but the specific timing will depend on the terms of the consignment agreement.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.