Legal Question in Real Estate Law in Pennsylvania

we are a dairy farm. we have a huge cropstore silo. a person came to us and ask if he would take down the silo, take it to a metal place and give us 1/2 the money..was the deal.

Not realizing how much it would take to take it down, he lost money doing this. the metal brought $1700..so 1/2 was ours, he would not pay us anything, and said he was sending us a bill for $550.

He came to us. what do we do so this guy does not scam anyone else and how do we get our 1/2 without costing us more?


Asked on 6/22/11, 3:18 pm

1 Answer from Attorneys

Matthew Jorden Jorden and White Law Firm, LLP

This is an unfortunate situation in that it will likely cost you some money to recover the amount from this person. If the agreement was simply that he was going to take down the silo and get money from a metal recycling plant and you would split the money obtained from the project, you may be able to recover. However, if you were to split the profits, then you may not be entitled to any money because there were no profits.

As far as the $550 bill, it does not appear that there was an agreement that you would be responsible for 50% of the cost to remove the silo, so he should not be able to recover against you. This was a risk that he apparently was willing to take, betting that he would be able to generate a substantial profit.

If you are to recover your money from this gentleman, you will likely have to pursue it in the magisterial district court for your region. There is a small filing fee, so there is some cost involved. The only problem is that this person has the ability to appeal any decision from the district court to the Court of Common Pleas, and you will have to file a formal complaint in that Court, possibly incurring more fees.

The only thing you can do to prevent this man from making the same deal with others is to explain to anyone you hear that has entered into that deal, or considering it, what your experience has been. There is never anything wrong with stating the truth.

I hope my answer was helpful to you.

Please note, the answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice is based upon an open exchange between a lawyer and a client, permitting the lawyer to ask additional facts that may change or confirm the answers provided to the client. Therefore, this reply should be considered limited in value. You should rely on this answer only at your own risk. Direct consultation with a lawyer is always recommended. Answering your question does not create an attorney-client relationship.

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Answered on 6/23/11, 8:03 am


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