What to do

Post your aviation law questions and queries here and forum members who work at the various bodies can answer them
delarey
Slow starter
Posts: 1
Joined: Sat Oct 05, 2013 8:08 pm

What to do

Postby delarey » Sat Oct 05, 2013 8:21 pm

I am in the process of selling a trike that is in Cullin, but alas the person does not pay the monthly payment that has been agreed IE he has not even payed a cent in 5 months. My question is: Can i cancel the sale. I do not wish to mention names, but i feel that i am being taken for a ride.
User avatar
Robbie Shaw
The sky is all mine
The sky is all mine
Posts: 453
Joined: Fri Mar 01, 2013 5:30 am

Re: What to do

Postby Robbie Shaw » Sun Oct 06, 2013 7:04 am

delarey wrote:I am in the process of selling a trike that is in Cullin, but alas the person does not pay the monthly payment that has been agreed IE he has not even payed a cent in 5 months. My question is: Can i cancel the sale. I do not wish to mention names, but i feel that i am being taken for a ride.

Hi Delarey,
To answer your question in Avery simple way and by doing this it is always the best way....
1) did you have a written contract between the two of you ?
If so put in writing to the buyer breach of contract has occurred and the sale is cancelled...
If not take your plan back end of the story..... But get a police case number stating the proceedings
2) Did the buyer change the ownership papers...?
If so you need to get a lawyer ...

Remember to try keep it as simple and uncomplicated as possible...

Good luck ....
Robbie Shaw. (Rhodie)
Zero seven 2 5 six zero 2 six two seven
ZU-BJU. (Love Machine)
Airmanship No 1
User avatar
Tumbleweed
Toooooo Thousand
Toooooo Thousand
Posts: 2349
Joined: Wed Nov 16, 2005 7:14 pm
Location: FASC

Re: What to do

Postby Tumbleweed » Sun Oct 06, 2013 2:26 pm

No lawyers unless last resort. Try not get confrontational and always try keep an open line of comunication.

Encourage him to either settle the outstanding or cancel the sale and go fetch your trike back.
Sling ZU FYE - For Your Entertainment
User avatar
Robbie Shaw
The sky is all mine
The sky is all mine
Posts: 453
Joined: Fri Mar 01, 2013 5:30 am

Re: What to do

Postby Robbie Shaw » Sun Oct 06, 2013 2:31 pm

Tumbleweed wrote:No lawyers unless last resort. Try not get confrontational and always try keep an open line of comunication.

Encourage him to either settle the outstanding or cancel the sale and go fetch your trike back.
Samething......
Robbie Shaw. (Rhodie)
Zero seven 2 5 six zero 2 six two seven
ZU-BJU. (Love Machine)
Airmanship No 1
JonoHiggs
Heard about flying
Posts: 3
Joined: Sat Jun 22, 2013 10:40 am

Re: What to do

Postby JonoHiggs » Mon Oct 07, 2013 11:54 pm

Hi Delarey

Before you can cancel the sale you must place the debtor in mora (breach).

If you concluded a written agreement, the agreement will usually contain a breach clause which stipulates when a party will be in breach or what you need to do to put the defaulting party into breach, for example if the debtor fails to pay after giving him 7 days written notice of his default. It should also stipulate your remedies (ie. cancelation of the contract). If it does not contain such provisions, the common law will apply.

If you did not sign a contract, you have concluded an oral agreement, and, unless you agreed otherwise, the common law provisions relating to breach will apply. In terms of the common law, if the parties have not agreed on a date on which payment must be made, the aggrieved party must place the defaulting party on terms by sending him a letter of demand requesting payment to be made on a certain date. If the defaulting party does not pay on that date he will then be in breach of contract and the aggrieved party will be entitled to the usual contractual remedies such as cancelation, restitution, damages and specific performance.

You can't just pitch up at his hangar and take the trike. This amount to self help (taking the law into your own hands) and is not looked upon favorably by the courts. You need to follow the terms of the agreement which you entered into, and if you can't settle the dispute amicably, you may need to proceed to court.

This is a civil matter and it's not necessary to open a criminal case because he has not stolen the trike.

Who is online

Users browsing this forum: No registered users and 15 guests