Quote:
Originally Posted by MMARSH
Jim,
I have a quick question. Owner of a very expensive motorcycle consigned it with a dealer. They called me about the motorcycle, the day they got it and i agreed to the owners price. Deposit was made, financing secured, a binder from the insurance company was faxed to the dealer. I was scheduled to pick up the bike 2 days later. Next day, i receive a call from the dealer stating theowner thinks the bike sold to quickly and now wants to list it on ebay for 35K.......Do/Did i have any recourse....
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Yup...you have an absolute right to demand specific performance. You had offer, acceptance, consideration (deposit plus promise to pay in 2 days). All that's missing is performance of closing the deal. This is assuming it wasn't some kind of contingent contract.