New York, NY asked in Business Law and Contracts for New York

Q: Can I demand the full payment for unique items from the customer after they canceled the order?

I had a call with a customer to get him ten unusual trees for $10,000 which normally takes two month. The customer said he would give me extra $3,000 if I could get them for him one month earlier. I ordered five trees at $500 each with $1,000 express shipping. He then cancelled the order. I ordered the other five trees and demanded $13,000, but he refused. I can’t resell them as they are expensive and unpopular.

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2 Lawyer Answers
Jack Mevorach
Jack Mevorach
Answered
  • Cedarhurst, NY
  • Licensed in New York

A: Is the agreement in writing?

Jack

Daniel Michael Luisi
Daniel Michael Luisi
Answered
  • BROOKLYN, NY
  • Licensed in New York

A: Ah…the case of the wrong trees. I saw your questions on Avvo. You will have to contact a lawyer to evaluate your rights. Depending on the application of the UCC and the terms of your written contract, if any, you may or may not have several options available to you.

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