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Sale of Palm Tree, failure of buyer to follow through

Discussion in 'Small Claims & Municipal Court' started by Jared, Jun 28, 2019.

  1. Jared

    Jared Law Topic Starter New Member

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    Jurisdiction:
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    About a year ago I posted a large palm tree for sale on Craigslist, buyer responsible for removal. A tree removal company, located about 3 hours away, contacted me and agreed to buy the tree. A representative came to my house with an agreement with their company header on it that I signed and dated with a sale price of $1000. They did not sign the agreement or fill in the section that states in how many days they will pull the tree. They verbally told me it would be two weeks. And now here we are a year later and they have been telling me it will be two weeks for the last year. They still have done nothing. Do I have any legal recourse, if I have a picture of the agreement to sell the tree to them for $1000 with my signature, dated, their letterhead, but no signature from them or specified amount of time? I have all text messages with communication from them saying numerous times they will be here, and backing out repeatedly. Thank you
     
  2. Zigner

    Zigner Well-Known Member

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    Did they give you $1,000?
    If not, then I'd say that you really don't have anything.
     
    justblue likes this.
  3. zddoodah

    zddoodah Well-Known Member

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    Sure you do.

    At this point, what do you want to happen? If that can't happen, what would be the next best result?
     
  4. army judge

    army judge Super Moderator

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    You may have many things related to this alleged transaction.

    What you don't possess is a valid contract.

    Why not?

    What Constitutes a Valid Contract?

    An agreement becomes a contract binding IF it contains the following elements:

    Mutual Assent: Each party must have a shared understanding regarding what the subject matter of the contract is. For example, for a delivery contract, both parties must understand that the word “ship” does not refer to a sea vessel, but rather means “to deliver”.

    Offer and Acceptance: One party must make an offer by clearly communicating their intent to be bound in a contract. Likewise, the other party must render their acceptance in unambiguous terms.

    Consideration: Both parties mutually exchange something of value in order to make the agreement binding. The consideration may simply be a formality, such as giving $1. Sometimes contracts can be enforced in a one-sided promise where only one party renders consideration.

    Your piece of paper lacks the consent/agreement and the signature of an authorized party able to contract on behalf of the corporation.

    I suggest you find a buyer willing to fork over hard cash for your tree.

    Promises aren't enforceable under our system of jurisprudence, as promises can never a contract make.

    ===================================

    As a practical matter


    If the tree in question is the common variety Mexican Fan Palm, they usually do not have resale value because the labor required to remove the tree far outweighs the potential resale value of the tree.


    How much does it cost to remove palm tree?

    Palm tree removal costs depend on several different factors, but the most important indicator of price is typically the height.

    As with trimming a palm tree, the height of the tree has a huge impact on how much it will cost to remove the tree :
    Up to 30 Feet Tall = $150 to $450.
    Between 30 and 60 Feet Tall = $200 to $950.


     
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  5. mightymoose

    mightymoose Moderator

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    Find a new buyer.
     
    Zigner likes this.
  6. Jared

    Jared Law Topic Starter New Member

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    I just want them to follow through with their agreement to pull the tree. But if they wont, I want them to cover the $1000 + the cost to remove the palm tree if it gets to that point
     
  7. army judge

    army judge Super Moderator

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    The company has no obligation to do anything.

    You have a piece of paper, not a contract.

    If you want that $1,000, don't expect the company to just give it to you.

    What we want and what we receive tends to be far less than what we perceive!
     
  8. Highwayman

    Highwayman Well-Known Member

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    Yes, you can re-post your Craigslist ad.
     

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