put in a bad spot

[jordanlake]

Hello everyone,
Here is my situation...

I have a piece of equipment worth about $300 that needed some repair. Mr. Blog wanted to buy the item or trade for it but, not knowing how much the repairs would cost, we decided to get an estimate. Mr. Blog knew someone at a repair shop who could do the work so I decided to allow him to take the item to the shop to "get an estimate" only. While the item was at the shop, Mr. Blog lost my phone number and was unable to call me and tell me what the estimate was. Mr. Blog decided to pay for the repairs without my consent.
At this point, Mr. Blog found my number and told me the cost. The cost was more than I was prepared to spend. He is still willing to trade or buy, but minus the cost of the repairs. He is still in possesion of the item.
Has he put me in a difficult position? What are my options?
Any advice?

Thanks,
Geoff

 

[hexeliebe]

you can thank him for repairing your equipment when you pick it up.

 

[I AM ALWAYS LIABLE]

My response:

You can certainly sue him for the fair market value of your item, along with damages for theft and "conversion." Now, albeit he didn't have your permission to repair (improve) your property, the fact remains that he can counter-sue you for "unjust enrichment". That would require the court to do equity between the two of you by determining the "fair market value" (according to your proof of same when you go to court), and then subtracting from that value the price of the repairs. In other words, even though the property is rightfully yours, you cannot, under the law, be "enriched" (the repairs) by his "mistake" in having your property repaired. To do otherwise, would allow you to be placed in a better position than before this all happened. Therefore, in doing equity, the court will do it's best to place the both of you in the same position as before.

I hope, for your sake, that the value of the item doesn't exceed the jurisdictional limit of Small Claims court. If not, then go to the courthouse and start filling out the Small Claims paperwork.

IAAL