what should i do?

John Rosett · Post by **John Rosett** » 28 Mar 2005 6:59 am

i could use a little ethical advise on this.
i've been trying to sell a gibson lap steel for quite some time. in early february, i was contacted by a guy who saw it on the reso-nation forum. he was very excited, and i took a bunch of pics and sent them to him. he called me about it, and i answered a bunch of questions. he told me that he would buy it, then he dropped from sight. i sent him two or three email that were nicely worded, asking him to please get in touch. when i didn't hear anything for two weeks, i sent him a rather angry message. of course, he responded to that one. he told me he was very busy, but was still interested. he asked me to call a famous dobro builder to see if the guitar could be refinished, which i did on my own dime. on the 11th of march, he sent me a money order for $100. to hold the guitar. i recieved the check on the 15th, and promptly emailed him asking what his scedule was for sending the rest of the money. no reply. on friday, i sent him another message asking him to please respond. this morning, i sent yet another message BEGGING him to please respond and let me know what's going on. i told him that if i didn't hear from him by the 1st of april, i would consider our deal off. i'm not sure what to do about the $100 though. over the six weeks that i've been dealing with him, i have made 3 long distance phone calls, taken and sent dozens of photos, and sent many emails. i want to be fair and do the right thing, but i feel like he's gonna owe me something if he breaks the deal after all this time.
so what would you do?
thanks, john

Kevin Hatton · Post by **Kevin Hatton** » 28 Mar 2005 7:19 am

You already know. Keep the $100.00 deposit for him wasteing your time. Thats what a deposit is for. Its a contract.

Bill Hatcher · Post by **Bill Hatcher** » 28 Mar 2005 7:35 am

This is a bad deal for you. A person who REALLY wants your item does not do this. I would send him an email or call and tell him that the deal is off unless you get payment within 3 days. If you don't hear from him then
send him back his deposit via registered mail subtracting the costs for any phone calls you have made concerning this deal and the cost of the regestered letter. You will then be totally finished with this and can pursue a better deal for your instrument.

Unless you worked out some specific legal agreement for keeping the deposit, I would not do it just because he is giving you the run around. Tempting, but not worth it.

CrowBear Schmitt · Post by **CrowBear Schmitt** » 28 Mar 2005 7:56 am

i'm w: Bill H on this one
this type of situation is unusual but not rare i'm sure
if the buyer really wanted this guitar, he would have paid it in full long ago & been a happy camper
hang him up John
doodoo unto others as they doodoo unto you

Tony Prior · Post by **Tony Prior** » 28 Mar 2005 9:05 am

This has nightmare written all over it.

I would not do "nothing"..

Return the $100..NOW..

Void the transaction with your apology that you have decided not to sell the Steel at this time afterall.

These types of transactions have a nasty way of finding there way back at a later date...

Remember, he has a money order receipt...made out to you....

return the money.

good luck

t
[This message was edited by Tony Prior on 28 March 2005 at 04:48 PM.]

Larry Robbins · Post by **Larry Robbins** » 28 Mar 2005 12:51 pm

I have to agree with Tony P. on this one.
I'd return the money NOW! and just forget about the long distance calls and just chalk it up to a "lesson learned" I also think this one has "nightmare" written all over it...

Jim Peters · Post by **Jim Peters** » 28 Mar 2005 1:05 pm

Give him his money back, registered mail.Chalk it up. JimP

Jim Phelps · Post by **Jim Phelps** » 28 Mar 2005 1:43 pm

You have the right to keep the $100 deposit but you'll feel better if you return it and that way the guy can't go yelling to everyone about how you "ripped him off for $100", which even though you know better and we know better, you can bet he's gonna do, if you keep it. Use registered mail, as Jim Peters suggested.[This message was edited by Jim Phelps on 28 March 2005 at 01:45 PM.]

Larry Strawn · Post by **Larry Strawn** » 28 Mar 2005 5:48 pm

I totally agree with every one about sending this losers' money back!! But I would tell him why!! Just my thoughts,
Larry

Don Joslin · Post by **Don Joslin** » 31 Mar 2005 4:22 pm

Give him his money back & then HANG HIM

Don

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Country Music - (kun'tree myoo'zik) n. - Three chords and the
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John Rosett · Post by **John Rosett** » 31 Mar 2005 6:43 pm

point taken, but, would it be wrong to refuse to communicate with him (provided i ever hear from him) for a week or two just to make him sweat a little bit?

Les Anderson · Post by **Les Anderson** » 31 Mar 2005 10:55 pm

By accepting the $100.00 from him you have entered into an open ended promissory obligation. Legally, he has you by the short ones. You do exactly the same thing when buying a house. The deposit, even if it is only $1.00, it is considered a legal promissory note and is binding by law.

As a few others have said, send the money back by registered mail. He may accept this; however, you can’t use the reason of “-changing your mind-” it’s too late for that. You have to find some other way to get out of the agreement.

The laws in both the USA and Canada are identical in this matter.

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(I am not right all of the time but I sure like to think I am!)

John Bechtel · Post by **John Bechtel** » 31 Mar 2005 11:28 pm

The M.O. doesn't state what the $100 is for, so; wouldn't it be within reason to just hold the money until he eventually asks for it? I don't know! I'm just wondering/asking!

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“Big John” Bechtel
’49-’50 Fender T–8 Custom
’65 Re-Issue Fender Twin–Reverb Custom™ 15” Eminence

Lyle Bradford · Post by **Lyle Bradford** » 1 Apr 2005 6:16 am

Send the money back the tell who he is so none of the rest of us will get took by him!

Les Anderson · Post by **Les Anderson** » 1 Apr 2005 11:56 am

John, you are right in that if there is no stipulation what the $100.00 was meant for, then no one can claim a broken promissory agreement.

It was my understanding that there was some written communication between the two that indicated what the money was for. Mind you, even a verbal agreement that has been witnessed by a third party makes the agreement legally binding.

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(I am not right all of the time but I sure like to think I am!)

Herb Steiner · Post by **Herb Steiner** » 1 Apr 2005 9:37 pm

Yeah, technically it's a "contract," but considering the guy's flaky behavior, you really think he's gonna start a multi-state lawsuit over a $100?

But you should refund the money. I'd send him a registered letter stating that the deal is off, the instrument was sold to someone else, and include a check for $10 as a "down payment" on his refund. Then, every six weeks, send another $10. In a little over a year, he'll be paid back.

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