Omaha, NE asked in Real Estate Law for Nebraska

Q: Do we have to write a new certified check if the recepient lost the first one?

We sold our home and gave the new homeowners a certified check for 650 dollars made out to a mudjacking company per our contract to have some work done on the drive way. The new homeowners lost the check and had the work done. The check had a 90 day experation. 1 day after it expiered they contacted us to tell us they lost the check. We contacted our bank and reported the check lost. This put a "flag" on the check. Two weeks later they found the expired check and gave it to the mudjacking company. The check could not be cashed sinced it had been flaged and was expired. We offered to write a new check out minus 100 for bank fees and our time. The new homeowners refused and are suing us for breaking the contract (since the check could not be cashed). We do not believe we broke the contract since they lost the check and submitted it after it was void. Do we legally have to write them a new check since we belive we met the contract.

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1 Lawyer Answer

A: This is a very good question. Unfortunately, it requires a bit of research to answer. Get a local attorney on this matter.

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