This is driving me nuts. My husband sold our wood pellet stove on craigslist back in late November. The person asked if it was ok to make a few payments, indicating (verbally) that he should have it paid for by Christmas. I believe there were texts saying $1,500 total, made in $500 increments, which would be 3 payments in total then. (He has since made 2 $300 payments). We still have possession of the furnace.
After he said yes, hubby was mad at himself as he finally got 2 other inquiries, willing to pay more/what he asked initially. Now I have to hear about this saga every week, how he hasn't heard from him in a couple weeks, he's convinced he's getting scammed, etc. Which I think is kind of ridiculous - how are we getting scammed? we have $$ plus still have the stove! But anyway....just because I am sick of hearing about it, I told him if he's so convinced of this, just send the guy his money back and be done with it. Try selling it again next year (umm, maybe before the heating season starts this time....men!).
To the piont - my husband claims he only has to send him back half the money, because it's been over 30 days, and he had other offers, etc. Besides believing what goes around comes around & it's a really crappy thing to do, especially for a family that probably has money troubles, is he right legally? I'm convinced he is not, but I'd like to have proof to argue my point ;-) Stupid, I know, but it just bugs me that he would even consider that, whether it were legal or not. It didn't inconvenience us any, other than the possibility of the sale falling through, for this year. I say either send the full amount back, or try harder to work with the guy on the rest of the payment schedule. Am I being too soft or is my husband just being a jerk about this? haha
Thanks everyone! These were all my thoughts exactly and i've told my husband several times not only is he being greedy, he is completely wrong. Gosh I love being right! haha.
Not that it matters, but the agreed upon price was $1,500. The guy made it sound like he would send (3) $500 payments, but the first two he sent were just for $300 each, so I'm guessing he'll have several more payments to make if the sale doesn't end up being canceled/refunded.
First mistake was taking payments. When selling on Craigslist cash only, first come, no holds. I would either contact the buyer and ask if he would like his money back(full amount) and try to sell to someone else. Or try to work out a deadline of when it would be payed. I can see how this would be annoying but I would still give the full amount back and consider this a lesson learned. It's still cold so he could still sell it.
Your husband is wrong. Your husband didn't put in writing the terms so there is no time frame, you husband has also accepted the two payments. The only way he gets out of this is to contact the guy and offer to return his money, then he can sell it to someone else.
A contract consists of two things - a meeting of the minds and consideration (or payment). Sounds like both have been met. the buyer agreed to buy the stove and would pay $500 - at this point he's paid $600 (am I misunderstanding the terms?). I assume he can't borrow a truck on a day he's off work to come get it. So what's annoying your husband, the fact that the stove is still hanging around the house?
Your husband can't just send him half of the money back. That's completely unacceptable.
Unless the terms / money hasn't been explained accurately your husbnd should give the guy a call and ask him when he's going to come get the stove and/or make the final payment.
Your Husband is wrong.
He is being greedy.
He already agreed to the sale of it to that guy and has been taking payments.
And that guy would most likely have proof of the transaction and payments to your Husband and to the agreement of the sale to him.
And he cannot just send the guy only half, of the payments.
And that guy, would probably get real mad, about it if your Husband does that. Then, what if he takes your Husband to small claims court or something?
And, it is up to your Husband to contact the guy, since he has not heard from him for the past 2 weeks. Or maybe the guy is on vacation?
How can he be getting scammed... since the guy already gave him some money for it (and I assume your Husband already cashed the checks or got the money and used it already) and you still have the stove.
Sometimes the way we feel about a matter has no root in the law. This matter should be inquired of an attorney from your state and not left to the passionate feelings of the responders on this site.
There often a great divide between the way one feels about a thing and the law. What you really want here is what the LAW says and not the passions of people.
Sell the stove and give the guy back his $600
Better ask an attorney. When your husband finds out that he is wrong, you'll get sued and be out both the money AND have to pay the guy's attorney's fees. Plus, you won't be able to sell it once his attorney sends you a letter.
Your husband is making this stuff up in his head and you both are going to suffer over it if you let him do what he's talking about. It's his fault for not getting this in writing, quite frankly. It's not long after Christmas and the best thing you can do is text the guy to please finish paying so that he can enjoy the warmth of this stove. Make sure to tell him how much he owes and how much he has paid.
You're right. The right thing to do is to send back the full amount along with a copy of the agreement and a short letter stating that since the agreement was not adhered to, the stove will be sold to someone else.
With this crappy weather, I'll bet you could still sell it. He should contact the other interested parties and see if they want it now for full price. DO NOT sell it to anyone who cannot pay the full amount up front. Attempting to make a payment plan through a Craigslist sale is just (sorry) ignorant. Don't do that again.
So this guy owes another $900 on the stove in order to be paid in full and he verbally agreed to have it paid off by Christmas which has come and gone already? Everything is being done by text at this point? I'd text him a note stating that he still owes $900 on the stove. He needs to make the final payment and pick up the stove by 1/15 (or whatever date you choose) or you'll cancel the sale and he'll need to make arrangements to get his money refunded.
No your husband isn't entitled to keep any of the money since there's not a written contract agreed on by both parties giving him that right. In addition he does not owe interest on the money he's been holding if the buyer doesn't follow through on the sale.
If you list it next year give it a couple days before you decide who to sell it to and then it's cash only and haul it away the same day that the cash changes hands.
If your husband kept half of this guys payment, my concern would be this guy knows where you live!! Call me a sissy but you can't trust this guy wouldn't come to do something to get even.
And no, legally your husband cannot keep half of the money.
Do it the right way and put it in writing, something like: you have 2 weeks to pay the balance in full or we return your money.
I would tell him not to keep half the money. I would ask DH to contact the guy and say that since he is $400 short already, he either needs to come up with the rest by x date (say, in a week or two) or DH will return his money and keep the stove. If DH has the guy's address, he should put this in writing and keep a copy. I realize your DH is probably kicking himself for taking the first (bad) offer, but he shouldn't make it worse.
If you want to be sure that anything is legal, you should see a lawyer. But if this guy knows where you live, I'd try not to tick him off more than necessary.
i understand your husband's frustration, but i'm really glad you are putting your foot down. sending back all the money would be perfectly understandable. keeping any of it would be wrong.
the guy may well be a tool, but as you say, it could just be dire circumstances. do the right thing and either wait it out or refund his money and sell it elsewhere.
khairete
S.
I think hubby needs to handle it. He needs to sit down with this guy and tell him he's had numerous offers that he has turned down since he thought it was sold and paid for by now. Tell this person he has an opportunity to either buy the furnace within the next 2 weeks or he's getting ALL his money back.
Hubby made the agreement and the only way to get rid of this guy is to refund his money entirely.
Re-list the ad and sell the stove...
Get the money in a cashiers check - and then send it Certified Mail to the guy and tell him the deal is off. That simple.
Your husband is making a mountain out of a mole hill. He is NOT getting scammed..if he had given the stove to the guy and accepted payments- then he got scammed.
Keep the receipt for the cashiers check and the certified mail - must be signed for - so he cannot say you kept his money and be done with it.
