What is the name of your state (only U.S. law)? Massachusetts
Last July (2012) I listed my older motorhome for sale on Craigslist for $4,000. The first week of August someone came and looked at it, liked it, and decided they wanted it. They offered to give me $1,000 to hold it, and then the remaining $3,000 by the end of August, when they expected to receive a settlement for something (I'm not sure what) they were going to court from. I agreed and took the $1,000, making sure to tell them it was not refundable. I told them "I'll not going to take the deposit, hold the motor home for a while, then have you come back and tell you you don't want it anymore, I am trying to sell this". We got nothing in writing, which I really regret now.
August came and went, and I heard nothing. The first week of September I sent them an e-mail (all our future contact is done through e-mail) asking what happened with court and if they had the money, and still intended to purchase. She said there case was continued until October 3rd, but she would have the money then. I didn't put up a fight, and let it go. This happened again in October, again I had to contact her what was going on. In December I contacted her again asking what was going on, and she said court was continued again and that she didn't have the money, but would start sending payments from her husbands checks. I never received anything.
Finally, at the beginning of February I told her that she had until March 1st and then I was re-listing it, and her deposit would not be returned. I let her know I had given her ample time, and still giving her another month to follow through on her end of the deal. I told her I'd take payments. She flipped out, told me that I never told her the deposit was non refundable, and insisted I said I would hold it until her court case was settled, all untrue. I would be an idiot to agree with either of those terms.
Anyways, trying to be the bigger man, I told her if she could not come up with the remainder of the money, I would relist for $3700 obo on March first. Over the winter, the batteries went dead and it was winterized so I couldn't demonstrate a lot of the functions, and new I would have a hard time selling, which is the reason behind the lesser price. I told her I would return to her whatever amount over $3,000 I sell it for, as then I would not be profiting off the sale. I said I would try to get her $500 back, but no guarantees. She agreed with this. March came and I never heard anything else from her. So I listed it on Craigslist again the first weekend for March for $3,700. I showed it every weekend in March, but no real interest. April 1st, I lowered the price to $3,500 o/b/o. I still had a hard time selling it. Finally, on April 28th, someone showed up, was interested and offered $3,000 cash on the spot to purchase it. I told them I would take $3250 minimum, still trying to get something for the previous buyer. They pretty much called my bluff, told me $3,000 or nothing, I then told them the story of the previous buyer, and how I needed to get something for them to give back. At that point, he pulled the $3000 he already had in a bill fold, put it on the table, and took a $20 bill out of his wallet, and put it on top. He said that was the best he was doing. I gave in, signed the title and wrote up two bill of sales, one for him, and one for me.
I blacked out the personal info on the bill of sale, explained to the previous buyer exactly what had been going on for the two previous months, and how it was the best I could do. I paid money to winterize the motorhome, I paid money to keep insurance on it, I paid an addition years excise tax on it, there was no way I was giving the deposit back. I felt I have been more than fair with these people. Anyway,well she flipped out on me again, told me that $20 was unacceptable and she will see me in court. I've tried explaining over and over again that I have been more than lenient to them, that I followed through on what we agreed upon, and through all of this, they had made 0% effort in actually getting any of the money owed to me, and also showed 0% interest in getting the actual motor home.
My question is two fold. Am I in the right to keep the deposit? The $3020 I got from the real buyers, plus the $1000 deposit from the previous buyer puts the total at $4,020. The original agreement with the original buyer was for $4,000. Am I in the right thinking that I owe the original buyer $20?
I told her that if she drags me to court over this, I will try to reclaim some of my losses due to her not following through on her end of the deal. As I said, I had to winterize it, keep the insurance on it, and pay additional excise tax on it. Any chance I can counter-sue and get any of that? She said she would pay for the winterizing back in October when she told me she didn't have the money yet, but I never received anything. Winterizing is not expensive, just a lot of labor on my part. If I get a quote from a place for winterizing can I use that, or is my labor not worth anything? If I have to go to court for something that I feel is a big waste of time, I have to take time off of work, which equal wages lost, any recourse for that?
I really have no interest in going to court, but if she forces me, I would like to at least make it worth my while.
Thank you in advance
Last July (2012) I listed my older motorhome for sale on Craigslist for $4,000. The first week of August someone came and looked at it, liked it, and decided they wanted it. They offered to give me $1,000 to hold it, and then the remaining $3,000 by the end of August, when they expected to receive a settlement for something (I'm not sure what) they were going to court from. I agreed and took the $1,000, making sure to tell them it was not refundable. I told them "I'll not going to take the deposit, hold the motor home for a while, then have you come back and tell you you don't want it anymore, I am trying to sell this". We got nothing in writing, which I really regret now.
August came and went, and I heard nothing. The first week of September I sent them an e-mail (all our future contact is done through e-mail) asking what happened with court and if they had the money, and still intended to purchase. She said there case was continued until October 3rd, but she would have the money then. I didn't put up a fight, and let it go. This happened again in October, again I had to contact her what was going on. In December I contacted her again asking what was going on, and she said court was continued again and that she didn't have the money, but would start sending payments from her husbands checks. I never received anything.
Finally, at the beginning of February I told her that she had until March 1st and then I was re-listing it, and her deposit would not be returned. I let her know I had given her ample time, and still giving her another month to follow through on her end of the deal. I told her I'd take payments. She flipped out, told me that I never told her the deposit was non refundable, and insisted I said I would hold it until her court case was settled, all untrue. I would be an idiot to agree with either of those terms.
Anyways, trying to be the bigger man, I told her if she could not come up with the remainder of the money, I would relist for $3700 obo on March first. Over the winter, the batteries went dead and it was winterized so I couldn't demonstrate a lot of the functions, and new I would have a hard time selling, which is the reason behind the lesser price. I told her I would return to her whatever amount over $3,000 I sell it for, as then I would not be profiting off the sale. I said I would try to get her $500 back, but no guarantees. She agreed with this. March came and I never heard anything else from her. So I listed it on Craigslist again the first weekend for March for $3,700. I showed it every weekend in March, but no real interest. April 1st, I lowered the price to $3,500 o/b/o. I still had a hard time selling it. Finally, on April 28th, someone showed up, was interested and offered $3,000 cash on the spot to purchase it. I told them I would take $3250 minimum, still trying to get something for the previous buyer. They pretty much called my bluff, told me $3,000 or nothing, I then told them the story of the previous buyer, and how I needed to get something for them to give back. At that point, he pulled the $3000 he already had in a bill fold, put it on the table, and took a $20 bill out of his wallet, and put it on top. He said that was the best he was doing. I gave in, signed the title and wrote up two bill of sales, one for him, and one for me.
I blacked out the personal info on the bill of sale, explained to the previous buyer exactly what had been going on for the two previous months, and how it was the best I could do. I paid money to winterize the motorhome, I paid money to keep insurance on it, I paid an addition years excise tax on it, there was no way I was giving the deposit back. I felt I have been more than fair with these people. Anyway,well she flipped out on me again, told me that $20 was unacceptable and she will see me in court. I've tried explaining over and over again that I have been more than lenient to them, that I followed through on what we agreed upon, and through all of this, they had made 0% effort in actually getting any of the money owed to me, and also showed 0% interest in getting the actual motor home.
My question is two fold. Am I in the right to keep the deposit? The $3020 I got from the real buyers, plus the $1000 deposit from the previous buyer puts the total at $4,020. The original agreement with the original buyer was for $4,000. Am I in the right thinking that I owe the original buyer $20?
I told her that if she drags me to court over this, I will try to reclaim some of my losses due to her not following through on her end of the deal. As I said, I had to winterize it, keep the insurance on it, and pay additional excise tax on it. Any chance I can counter-sue and get any of that? She said she would pay for the winterizing back in October when she told me she didn't have the money yet, but I never received anything. Winterizing is not expensive, just a lot of labor on my part. If I get a quote from a place for winterizing can I use that, or is my labor not worth anything? If I have to go to court for something that I feel is a big waste of time, I have to take time off of work, which equal wages lost, any recourse for that?
I really have no interest in going to court, but if she forces me, I would like to at least make it worth my while.
Thank you in advance
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