I did not exercise that option at the time, but have now contacted the literary agent and asked to have it personalized. Their response is that the offer was time-sensitive and that the author won't do it. My view is that since it was never stated that it was time-sensitive, he should go ahead and personalize it. Could it be argued that since the printed auction catalog said "personalized on request", that it is an open-ended promise, not subject to the six-year New York contract law statute of limitations for breach? Some things have a lifetime guarantee. Couldn't I say that such was implied? . Wouldn't the 6 year statute apply from the time I actually make the request - i,e,. that the breach does not occur until I make the request and it is refused - leaving me 6 years from now to sue?
Criminal Defense Attorney
Hypothetically, you might argue that the personalization on request is an option as part of the purchase (an irrevocable offer) and that your exercise of it was therefore without time, especially as the seller did not limit it in time, and as such, he is in breach and if you are within the statute from the time of refusal, that he is liable. There also may be other theories. See an experienced contract attorney.
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Divorce / Separation Lawyer
Seems like it is a bit late. Did the catalog state that it was a lifetime request? Any reason for the 12 year delay in making a request?
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You can make the argument that the statute of limitations doesn't start to accrue until you make the request and are refused. However, it's not a very strong argument. Even if you take out the six year statute of limitations, the court will usually imply a reasonable time in situations like these and 12 years is most likely not to be considered reasonable.
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3 lawyers agree
Federal Crime Lawyer
This is a tricky question but I would say that you could make a strong argument (though not necessarily a winning argument) that the State of Limitations starts to run from the time you make the request. Rather than suing right away, why don't you write a letter to the literary agent/author and send it by certified mail, and explain your understanding of the contract, and that you are considering your legal options. Mark the letter "Without Prejudice" at the top, as this may be viewed as a settlement offer. Hopefully a firm (but polite) letter will get you what you hope to achieve without having to sue.
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Lawsuit / Dispute Attorney
I think you're out of luck. Like a promissory note that lacks a date of payment i.e. a demand note, your time to demand that it be personalized ran six years after purchase. In actuality, I think the only reasonable way to construe an auction purchase is that the time to make the request implicitly required you to make the request at the time of purchase. Since personalized signatures tend to be substantially less valuable then those that are not, I can only wonder 1) why you want it personalized at all and 2) why you waited so long. It would have to be a really valuable book for you to pursue this any further.
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com