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Home > Law > Small Claims   »   Seller has breached a contract

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Old Jul 6, 2008, 05:53 PM
janie54
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Seller has breached a contract
I have a contract to buy a Mobile Home for $6000.00. The Seller has backed out of the contract to sell to someone else who offered her more money.

Can I file a Tempary Restraining order or injunction to prevent her from moving the Mobile Home until I take this to court.

Can I use Specific Performance claim to make her fulfill our original contract?

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Old Jul 6, 2008, 05:55 PM   #2  
Fr_Chuck
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not in small claims court normally, but you can try and file these,
In small claims you may sue for the money you lost in the purchase, and the additional money needed to buy a simular one at times

but I will be honest, you will spend more than 6000 just getting the attorney to do this for you.
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Old Jul 6, 2008, 06:01 PM   #3  
janie54
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Can you not file a Specific Performance claim at JP level since they here suit up to 10,000.00

Would it be possible to do it myself. An attorney is not required at Justice of the Peace level.
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Old Jul 6, 2008, 06:04 PM   #4  
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JP, depends on where you live, if you are in Texas, it is likely you may be able to, remember in most areas JP have little authority at all, only in Texas are they are higher court judge.

But you can contact thier clerk ad ask them.
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Old Jul 6, 2008, 06:06 PM   #5  
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Thank you. I will check into it.
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