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WI state contract laws, breach of contract

we were selling our atv and had a perspective buyer. We agreed to an offer and date for sale to take place. We then got an offer that we couldn't pass up. Would we be in breach of contract if nothing was signed and no money exchanged? He is threatening to pursue legal actions if we don't sell him the 4-wheeler.

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Attorney answers (2)

Reputation Level 11
If the price was over $500 and if nothing ws signed, then there is no enforceable contract under Wisconsin law. Here is the Wisconsin Code Section, implementing the Uniform Commercial Code:

402.201(1)
(1) Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by the party's authorized agent or broker. A writing is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this subsection beyond the quantity of goods shown in such writing.
http://nxt.legis.state.wi.us/nxt/gateway.dll?f=...

But if the price was less than $500, the verbal contact is enforceable and you would be in breach if you refuse to deliver. But just because there is a breach does not mean the prospective buyer would sue. Sometimes they don't. If the prospective buyer sues and wins, the amount of the judgment should be the difference between the agreed price and the price the plaintiff spends to get a replacement ATV.

This answer must not be relied on as legal advice for the reasons posted here: http://mcgyverdisclaimer.blogspot.com . And I am not your attorney.

David
3 people marked this answer as good

Reputation Level 8
David got it 100% right. I read it because I was interested in the answer given, and it is right on point.

Good luck,
2 people marked this answer as good

Other answers (1)

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KenleeWasurick52

I don't have an answer I was just wondering in this case would emails between buyer and seller be considered
a contract?
1 person marked this answer as good

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