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Statute of Limitations...?

Not sure if I am using the right terminology, but what I need to know are the laws concerning posession of property sold. In other words, if I sold something to someone (a manufactured home, to be exact), they paid cash, received a bill of sale, etc...if they do not come back to get it, how long do I have to wait before I legally have the right to sell it to someone else (state of Alabama, btw)?

Update:

I'm not looking for opinions or accusations...it actually happened the other way around. I am the one who bought it and when I hired someone to go have it moved, it wasn't there. It was just easier to explain it the way that I did. There is a time limit, I just need to know what it is, so that I know whether or not I even have a case...I can't talk to any lawyers today, because they are closed for the holiday...

4 Answers

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  • 1 decade ago
    Favorite Answer

    Well, a manufactured home is a strange item. Is this home mobile? Are you selling it with land? If so, then you're talking about a real property sale, and whole bunches of other rules apply. If not, you may be talking about a personal property sale.

    And your question is that they received a bill of sale but did not take possession? Did you receive your money? If so, it's theirs, and any attempt to resell would violate their rights in the property.

    You could contact them and demand removal (I'm assuming that this thing is taking up space) and/or state that failure to remove will result in a rent charge of ____ per month (whether or not you could actuall collect on that threat is another issue). Or you can file an "ejection" action, which would result in the sheriff removing the property at the homeowner's expense.

    If not, I think you would need to provide notice that you intend to rescind the contract for their material breach (they refused to pay in a timely manner) and give them an opportunity to "cure" (i.e. follow through with the contract). This seems like a large sale worth a lot of money, so it would be worth contacting an attorney -- a nice nasty letter from a local Alabama attorney might spur these people into action. You might also have a cause of action for any dimunition in value or lower price if you have to sell it again.

    (statute of limitations isn't the appropriate term, btw... that applies to the termination of different tort or contract actions because someone did not file within a certain amount of time after the harm).

  • 1 decade ago

    You sold it to them & they paid for it. It is not yours to resell. Contact the buyer. Give them a time frame by which they need to have it picked up or you will not be responsible for it. Don't know if it is on wheels, but have it towed.

  • 1 decade ago

    Its not yours to sell

  • Anonymous
    1 decade ago

    7 years, dose not include murder or irs

    Source(s): yahoo
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