Q: I sold my share of property and have not been paid. Can I sue for interest and punitive damages.
I sold my part of a vacation cabin to my cousin. The title was updated but he hasn't paid me. Can I sue for interest and punitive damages in addition to the agreed price?
A:
Ordinarily, the title company holds onto the proceeds of the sale for a few days to insure that checks clear, etc. If it has been more than a few days, I would contact the closing agent who handled your sale to your cousin as to the status of the proceeds to be released to you.
If you for some reason did not use a title company to close the transaction, you can sue your cousin for whatever he agreed to pay plus whatever interest was agreed to between you and your cousin, or six percent interest if you did not agree upon a specific rate of interest, from the date the payment was to be made up to the date you finally receive payment.
Unless there is some fraud involved--which is distinctly possible--you cannot recover punitive damages for a straight breach of contract.
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