Experienced Kansas City Construction Law Firm
Call Our Team Today
1-800-523-5786

Breach of sales contracts in Kansas

Many Kansas companies are in the business of selling goods. As a matter of business practice, these sellers often enter into sales contracts with buyers, agreeing to provide specified items to the buyers by a date certain. These contracts are more than just ordinary business documents, however. Sales contracts are legal documents, and as such, violating them can lead to significant consequences.

Contracts are subject to breach by either the buyer or the seller. Buyers agree to pay money in consideration of the supplied goods, either in a lump sum or in installments. When a buyer fails to pay as promised, it is in breach of the contract. Sellers that fail to provide goods by the specified date commit a minor breach that is curable. However, those that fail to provide the items, provide items that are of defective or poor quality or provide items that are different than those called for in the contract are in material breach of the contract.

Material breaches result in the contract itself being broken, and violators risk being sued in a breach of contract lawsuit. Litigation can be extensive, resulting in significant losses of time and money. Additionally, prevailing plaintiffs may recover consequential and incidental damages, and judges may award punitive damages for egregious breaches.

In order to avoid potentially costly litigation, it is normally a good idea for businesses to include an arbitration clause in their sales contracts. Such clauses may forbid either party from filing a lawsuit. These clauses mandate the parties settle their contractual dispute through arbitration, a form of alternative dispute resolution that is less expensive. If the arbitration clause is a binding one, then the parties will both be mandated to follow the arbitrator's decision. In addition, making certain the performance expectations of each contracting party are clearly defined can help avoid disputes from arising.

Source: Houston Chronicle, "What Can Happen if You Breach a Sales Contract?", Lee Nichols, December 09, 2014

No Comments

Leave a comment
Comment Information

Our condo association was faced with monumental construction issues thanks to the original developer of our complex. We were cash poor and in no position to get legal representation without a contingency fee arrangement. Luckily for us, Scott Long and Burke Robinson were willing to take us on as clients. Their work ethic, professionalism and knowledge of condominium construction served our association very well. Any association would be well served in hiring these gentlemen to represent them.

Board of Directors - Plaza Gardens on the Lake Condominium Owners’ Association Lake of the Ozarks, MO

Read More Testimonials

Let Us Help You

Contact our Kansas City Construction Law Firm by calling 1-800-523-5786 or by completing this contact form.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy