am i at fault??

oldslednut · Post by **oldslednut** » Mon Oct 03, 2005 8:05 pm

Here is a good one , about three weeks ago a run an add to sell a snowmobile that i have, i was asking $800 obo, and this guy calls me and offers$625 through an email, i called him and verbaly said i could work with that but he wanted me to haul it 100 miles to his place, i said no to that , i did say that i would take 625 for it of he came to get it, , well time went on i called him back, he claimed his truck or whatever wouldnt make the trip, but in the mean time he purchased a battery for it, and i had second thoughts i emailed him stating that im keeping the sled for the motor to be used in a race sled im going to build, WELL now he claims i owe him 65 bucks for the battery, i emailed him back telling him if he is that dumb to buy somthing for a sled he doesnt even have yet,( and no money was ever exchanged for) that its his own problem, NOW today i get an email from him saying he talked to a cop (who just happens to be going to school to be a lawyer) and said that i owe him the money and he will send me the battery?? like dude return it i thought, unless he put the acid in it.
Anyhow, guys do i owe him the money? i sure dont think so, even if i did verbally agree to sell him the sled, it is still mine to do what ever i want to , what are your thoughts, i wont hold any comments against anyone i promiss.

Just food for thought, thanks guys!!

Liquifire84 · Post by **Liquifire84** » Mon Oct 03, 2005 9:07 pm

No title no dice!! Posestion is 9/10 's of the law. Dont buy stuff for things you dont own!! If that's how it works S**t I'm going to start buying things for every sled in the paper and call up the owner and pull that stunt on them. Lets see how that shakes out!! YA Right!! That guy is just dreaming!! No good layer would give advice like that. Infact you could take him to small claims court to collect on your money that he gave you a verbal on and if you have e-mails you have just that much more to back yourself up and should have a better chance at collecting than he. Just my 2ct.

Brice

harleysportster · Post by **harleysportster** » Mon Oct 03, 2005 10:14 pm

I think it's a scam. Any normal person would wait until he had the sled befor buying parts. The price of the battery is high also. I only paid around $35-40.00 or so for mine at the JD dealer. I would remove all trails of a profile and maybe cancel a email account to be safe from the harassment.

400brian · Post by **400brian** » Mon Oct 03, 2005 11:39 pm

Hey Eric

You apparently are dealing with a mental midget here. I don't know why you are even talking to the guy. If it happened as you described, there is nothing you owe this person, not even the time of day.
Being as no money had changed hands, and he had not taken posession, you certainly have the uncontested right to sell to anyone else, or decide not to sell at all.
The guy is a tool.

sporty440 · Post by **sporty440** » Tue Oct 04, 2005 5:26 pm

Tell him to go screw ... you dont owe him anything. And he would definitely lose in small claims court. And why the hell is the battery so much money? was it for his truck or the sled he intended to purchase?

Maj_hazard · Post by **Maj_hazard** » Thu Oct 13, 2005 11:46 am

In order for this contract to be binding you need 3 components.

The first is the offer to sell..(Which you did)
The second is his acceptance. (Which he did)
The third is the consideration.(Which was not done)
This is a form of partial payment. Case Law normally sees this as a deposit of at least 1 dollar. That is why when you buy a car or other items a deposit is needed at the time of sale. If you didn't leave a deposit and decided you did not want the car you could walk away from the deal..

Anyway no deposit or other consideration was given to you so as far as the law in concern there is no legal contract. Case law can cloud this issue a bit as the courts have in the past accepted other factors as a substitute for consideration but I don't think they apply here.

Hope this helps

Hazard

JD 1973 300

aaronjdsled · Post by **aaronjdsled** » Thu Oct 13, 2005 1:55 pm

i think he knew he would have to come get it for that price so it is his own dumb fault for buying the batterie with nothing to put it in. and if he is so poor to not being able to afford 65 bucks then why cant he just bring the batteie back it sounds like he is trying to double his money he spent on the battery. tell him it is his problem it was his job to come get the sled and his job to know not to buy anything for that sled until he bought it and had it in possesion