Sue buyer for failing to complete. Commercial equipment.

[Stevecoffee]

Hi all
I have a situation where somebody made an offer for a second hand piece of machinery I am selling. We agreed a price and he paid a deposit. I issued an invoice.

Since then the buyer has continually failed to make arrangements to collect the item and has discontinued contact.

I feel that his paying the deposit tacitly entered him
into a contract of sale, although the invoice is the only document and no specific terms are outlined.

Is it likely to be worthwhile trying to pursue a case for breach of contract and claiming damages for my time, frustration, storage of the item and loss of value of the equipment?

Any advice appreciated. Thanks.

[Stevecoffee]

I should add that the value of the equipment is £8,000 and the deposit I have is £500.

[atticus]

Give this buyer written notice that he must complete within 14 days.

If he does not, then sell the goods for the best price you can get. Keep the £500. If there is then a shortfall against the price agreed with this buyer, you would have a claim for that amount. But is the reason for not completing inability to pay? Is he worth suing?

[Stevecoffee]

Thank you that’s great.
I don’t believe he is unable to pay, I think it would be worth going for. I guess we’ll find out.

[islandgirl]

From a non legal point of view but as someone running a business, I would give the ultimatum as above, keep the deposit if the remainder not paid and sell to someone else. I would then forget any idea of the shortfall. Life is too short. The deposit has served its purpose in my view.