[tyguycarroll]

Looking to this forum, probably more for validation than anything!

I am currently selling a few pieces of equipment through another used equipment site. For the dryer I am selling, I was contacted by a guy who wanted me to sell him the dryer for a steal, plus give him all kinds of guarantees. Well, he was a bit pushy, and I agreed to his price but would not give him a guarantee. I told him it is used equipment (light use, only 2 years old) and there is no warranty expressed or implied. We agreed on a price, and he would also take care of the crate and freight. I am in another state doing business off and on right now, so I agreed that I would crate and ship everything once I got back to town this last weekend. He was also supposed to send a check for the payment, but of course, I get to town and there is no check. However, he begins calling and emailing me asking if I am going to be able to get it crated and shipped out. Listen, dude, the terms of the deal are that you have to PAY for it BEFORE I will buy the crating supplies and spend my time on that end of it. Well, he keeps pushing, probably leaves six voicemails and 4 emails, and finally I write back to him that I have become uncomfortable working with him, and we have decided to hang on to the equipment.

This is where it gets interesting. He proceeds to tell me that he has already installed the electrical needed for the dryer, and that he is going to have to take legal action to recover his costs. I ask him what grounds he has to send his lawyer after me, and he claims that we have a contract in place via email. Now, I know that emails can absolutely constitute a contract these days, but part of that "contract" is that he would be sending the money to pay for it. So, I tell the guy "You never sent a check, and I'm only in town for 3 days, so the deal is off." He, of course, remains pushy and condescending, and says any contact from him will be through his attorney. Fun.

All that to say, I'm pretty sure this guy doesn't have a legal leg to stand on, but I wanted to reach out to the community. I have bought and sold many pieces of equipment through private party sale, and have never had an issue like this guy.

 

[Tabooza]

Ignore him he has no legal grounds...

 

[Mtnview]

As you know this is not a legal forum and you should know not to take any advice received here as legally binding advice but...send him your attorney's contact info. Tell him that is where his attorney should direct all correspondence.

 

[Sopmac]

-You guys and your attorneys... Come on, man... Do you really think he would be posting here, if he had an attorney?
-Just ignore the guy and do what ever you want with the equipment.

 

[binki]

No money = no contract. You sent a cancellation so it is done. Put him on your blocked caller and email list

 

[Mtnview]

-You guys and your attorneys... Come on, man... Do you really think he would be posting here, if he had an attorney?
-Just ignore the guy and do what ever you want with the equipment.

I find it funny on forums when people advise someone else to ignore legal threats. He can ignore this and maybe there is nothing this person can do. I am not an attorney or attorney spokesman so will not offer definitive legal advise but I can tell you, about the time you think there is nothing someone or a company can do to you for what you put in an email or a post on a forum you will be dead wrong. I speak from experience.

I think most of us here that have been around the block understand the OP and others posting legal questions most likely don't have a lawyer. Many of our suggestions when we mention lawyer or attorney are intended as a hint or flat out advice that a business should have a lawyer they can consult. Everyone reads "Lawyer" in this forum and others and immediately thinks they are going to be spending money that they can't afford to spend. This is not necessarily the case.

I have spent years in a few different networking groups and used one or two lawyers from those groups to set up business entities and wills. That cost me money but the relationships I built with them also allows me to send them an occasional quick question about a legal matter that never gets billed. Cultivate business to business relationships. If you never occasionally pay for an attorney's services or anyone else in other service industries your business would use why should they offer help for nothing?

 

[johnbol1]

no payment, no agreement to ship before payment...no sale...no contract, end of!

 

[Decal_Designs]

I think the whole thing is a scam. Who would expect you to crate and ship equipment to them with no payment. Who would pester a seller that much in the first place? Who would spend money installing electrical for a dryer they don't even have yet? And, why would they say they want to sue for the money and time they spent installing electrical which would be needed anyway no matter what dryer they end up with?
Total scam.

 

[sewexclusive]

Sounds like a new twist on a scam!

 

[binki]

There isn't any legal action yet. Just someone posturing. When you get the lawsuit then lawyer up.

 

[Mtnview]

If a scammer is pestering you and threatening to have their lawyer sue you then do as I said. Refer them to your attorney: The esteemed Ben Dover, Esq. at the DC&H Law Firm.

 

[beanie357]

Saw this scam with guy we do his contract work for. He was selling his equipment, and just moving his work to us. Guy swore he did paypal, but could not send a copy of his confirm. Was going to sue. Yeah, right.

No money per agreement, no contract. Besides, he had to run a line for any oven.

Repost, block him, report him to moderators. Not a lawyer, but after 40 years in business, been to court too many times unfortunately. Today's society is scams and litigation.

 

[ddelisle911]

So.. is the dryer still for sale?

 

[Printavo]

Ignore him or tell him to send the check over, plain and simple. He's a joker.

 

[tyguycarroll]

Thanks for all the "non-legal, non-lawyer" advice Your advice definitely matches up how I feel about the situation, and we wrote a courteous "the dryer is no longer for sale, than you for your consideration" email and let that be that. Supposedly I will be hearing from his attorney, but so far nothing. The good news is that someone called me the next day, drove 5 hours to me, and bought the dryer on the spot. Much easier deal, for sure!

 

[32R]

Guys like that would drive me nuts if I ever had to deal with one... so far so good!

I just finished a business law course in college, and while I am by no mean a lawyer or attorney (it was just a course for a business degree), one thing we did cover pretty extensively is business contracts. For a contract to be valid, it is very explicit. It is rather obvious if you did or did not accept a contract (verbal or otherwise). If he had sent you the money, than that would show his acceptance of the contract (or if you had shipped him the goods, your acceptance), but you didn't, so no contract was made.
Here is a youtube vid explaining: [media]http://www.youtube.com/watch?v=Hi4fOXfqJJw[/media]