Agawam, MA asked in Business Law for Massachusetts

Q: Hello,Can a seller legally cancel a purchase from a buyer if no product or payment has been accepted?

Four months ago I received a purchase order from my buyer for a product I provide. The product I would sell will not be due until six weeks from now. Recently, one of my employees who runs that part had major surgery and is not expected to return for several months. I have a small three man shop and now the two of us will not be able to meet delivery requirements for an order of 4,000 parts per month. I would like to cancel the order and retire. I'm 70 years old and can't stand at a machine eight hours a day any more. Am I in trouble? Can the buyer take legal action?

Thank you,

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1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
  • Wyomissing, PA
  • Licensed in Massachusetts

A: If there was no payment it was an undertaking that you would perform it. Factors not in your contemplation prohibited that. That being said, speak with a business consultant about selling what sounds like a going business.

All the best!

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