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Buyers agent will not remove chair that was paid for (no sales agreement)

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Techdude

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania

I sold an antique chair (personal property) to a buyer in Wyoming for $400, a week ago. It was paid for with a USPS money order. We didn't have a written agreement, just a series of emails about the selling price.

Initially, the buyers friend, who lives locally, came by to look at it. I thought he would take it away once it was paid for, but now he's saying it will be another week until he can come for it. I get the feeling there will be further delays.

At this point they are milking me for free storage, the chair is taking up a lot of space in my living room, and I can't bring in the new recliner that I wanted until it's gone.

Do I have any legal recourse in getting them to remove the chair? Can I charge them for storage? If they ask for their money back, am I obligated to give them a full refund? Again there's no sales agreement that mentions storage options...
 


justalayman

Senior Member
did you include a clause in your agreement they MUST remove it by such and such date or within X number of days of the sale? If not, you are pretty much stuck, at least for a reasonable period of time. Not everybody drives a truck and can pick up furniture at will.


Do I have any legal recourse in getting them to remove the chair?
sure but by the time you file something in court and it gets before a judge, I would hope they have already picked up the chair.


Can I charge them for storage?
not unless the both of you agreed to that at the time of the sale

If they ask for their money back, am I obligated to give them a full refund?
Nope. In fact you aren't obligated to refund them anything. It's their chair. You are obligated to let them take their chair.

Again there's no sales agreement that mentions storage options...
then that seals the deal; you cannot store them storage fees.
 

Techdude

Junior Member
I have even offered to help deliver and unload the chair, and the agent just ignores my last phone call.
What would the legal process be called if this situation drags on, which I think it will?
I’m trying to be fair, but this just irks me!
Thanks
....also, am I obligated to provide a refund if they request it?
 
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justalayman

Senior Member
Techdude;3334629]I have even offered to help deliver and unload the chair, and the agent just ignores my last phone call.
What would the legal process be called if this situation drags on, which I think it will?
I’m trying to be fair, but this just irks me!
injunctive relief. You would seek a court to issue an order requiring them to remove the chair. A lot of hassle for the money involved,
Thanks
....also, am I obligated to provide a refund if they request it?
I already answered that; no.

if they told you a week I would suggest waiting out the week. After that, if they do not pick it up I would do this:

I would use a little bluff and a little truth here.

send a letter. Tell them they have 10 days to pick up the chair. Continue on that should they fail to do so inform them you will place the chair in a storage unit under their name and pay one months rent. After that it is up to them to pick it up or abandon it to the storage place. See if that stirs anything.

why are you calling the agent? You need to deal with the actual buyer.
 

Techdude

Junior Member
why are you calling the agent? You need to deal with the actual buyer.
The agent lives in the next town. I offered to use my vehicle, at no extra charge, to deliver and help unload the chair.
I don't think the agent has anywhere to store the chair and I think both the buyer and agent are clueless about what it's going to cost to ship the chair to Wyoming. That's why I suspect this will drag on and on
The buyer is also in the loop at this point...
 

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