2

I own a medical sales distributorship and am having issues enforcing a contract. I have a client who signed a purchase order and contract to purchase capital medical equipment. The contract was approved by the client's lawyers. The client has not delivered the downpayment, which was due at the time of the signing of the purchase order, and they now want to cancel the order. They have not made a payment but they have signed the PO and contract. What is my next step for obtaining payment and enforcing the purchase? Thanks.

flag

2 Answers

2

Marissa -- your next step should be having an attorney review the contract to determine what rights, if any, you have (and you need to make a business determination to decide whether it makes sense to try to enforce the agreement). You need to answer some of the following questions: (1) have you suffered any damages/economic losses by the client's failure to fulfill the contract; (2) how much loss revenue have you suffered; (3) why is client trying to get out of contract; (4) is this client that you have done business with in the past or may again in the future (if yes, maybe you don't want to sue them); (5) what are the remedies available pursuant to the contract; (6) does the contract have arbitration provisions included.

Contact me if you have further questions. Merritt Green -- 703-556-6505 or mgreen@generalcounsellaw.com or www.generalcounsellaw.com

link|flag
0

Your next step, depending on the amount for which the transaction was made, is to contact an attorney to at least write a letter to attempt enforcement, and to review the contract in order to determine if it is enforceable. Depending on the contract and the other parties ability to pay, this could be a contingency fee arrangment between you and the attorney; however if it across state lines, between vendors, etc., there would be other legal implications to enforcement that would have to be examined prior to filing and could have ramifications on how to proceed towards enforcement.

Most Cordially,

John A. Brockmeier, Esq. john.brockmeier@yahoo.com

link|flag

Your Answer

Get an OpenID
or

Not the answer you're looking for? Browse other questions tagged or ask your own question.