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Yard Sale Issues

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M

megami

Guest
What is the name of your state? - California

I had a yard sale this morning and was selling a Scooter Store scooter power wheelchair -- it's worth thousands and only one year old. I offered it to an elderly lady for $300. She said she didn't have cash -- I would only take cash -- and she said to me she couldn't write a check anyway, it might bounce and she would need to go to the bank? (That didn't make sense!) Anyway, I said, well, if you give me $20.00 I will hold it for you until Monday. She did.

Later on, another group of old ladies came and offered $400 for the chair, saying their mother can't leave the house and this chair would give her mobility. I thought about the other woman, and how it was for her husband who can walk and was with her at the yard sale, and said okay, I will sell it. They took it -- didn't catch their names, they paid in cash. I called the woman before her, talked to her daughter, and said I was sorry, I sold the chair to someone else, and I would be returning her $20.

The old woman then game gunning down my street and flew out of her car screaming at me telling me she wants the chair or $300 and that I "wrote her a receipt" and that this would hold up in small claims court. The "receipt" I wrote her was a piece of paper with my name and phone number on it and $20.00 dep. I said, "Mam, I gave you your deposit back, I'm sorry, the chair is sold." She said, "I don't want the deposit! You owe me $300!! I am taking you to court!"

So needless to say -- I'm a little stressed and confused. Anyone have any advice? Will this indeed hold up in court? Do I owe this woman $300 for nothing??

Thank you for your help.
 
Last edited:


HomeGuru

Senior Member
megami said:
What is the name of your state? - California

I had a yard sale this morning and was selling a Scooter Store scooter power wheelchair -- it's worth thousands and only one year old. I offered it to an elderly lady for $300. She said she didn't have cash -- I would only take cash -- and she said to me she couldn't write a check anyway, it might bounce and she would need to go to the bank? (That didn't make sense!) Anyway, I said, well, if you give me $20.00 I will hold it for you until Monday. She did.

Later on, another group of old ladies came and offered $400 for the chair, saying their mother can't leave the house and this chair would give her mobility. I thought about the other woman, and how it was for her husband who can walk and was with her at the yard sale, and said okay, I will sell it. They took it -- didn't catch their names, they paid in cash. I called the woman before her, talked to her daughter, and said I was sorry, I sold the chair to someone else, and I would be returning her $20.

The old woman then game gunning down my street and flew out of her car screaming at me telling me she wants the chair or $300 and that I "wrote her a receipt" and that this would hold up in small claims court. The "receipt" I wrote her was a piece of paper with my name and phone number on it and $20.00 dep. I said, "Mam, I gave you your deposit back, I'm sorry, the chair is sold." She said, "I don't want the deposit! You owe me $300!! I am taking you to court!"

So needless to say -- I'm a little stressed and confused. Anyone have any advice? Will this indeed hold up in court? Do I owe this woman $300 for nothing??

Thank you for your help.
**A: you were wrong as you already had a verbal contract to sell the item to the first customer for $300. when you sold the item to the second customer, you breached your contract.
 
M

megami

Guest
Okay. But she says I owe her $300. That doesn't make sense. If I still had the chair, she would owe me a remainder of $280 for it. How do *I* owe her $300 when I was the seller? No exchange of goods!
 

BL

Senior Member
Contract !!

Scenario : You went to look at an apt. You had to be OUT of your present Apt. by the end of the month.
The landlord rents from 30 day to 30 days ( month to month ). You give the landlord $100.00 down to save the apt. for you ( verbal agreement ) . The rent is $500.00.
The landlord rents the apt. to someone that had $500.00 cash. Calls you up to tell you he's rented the apt. to someone that had the entire rent right then & there.

Your out of a new apt . and 2 days from now you need to be out of the apt. you were living in .

HOW WOULD YOU REACT ?
 
M

megami

Guest
Oh no, I realize after thinking about it, that I had made a mistake. I called the woman's daughter and apologized profusely, asked if I could help them locate another chair, and even suggested to them that medicare could pay for a new chair -- just like they did with my father.

I guess my question is, do I legally owe this woman $300? There was no exchange of goods. A verbal contract, yes. But I no longer have the chair, have no idea who has it, and can't get another one to give to this woman.

Not to justify the situation, but just for background info -- my father lost the his mobility last year -- it was his chair for three months until he passed away leaving me to take care of my younger brother. I gave my younger brother the money from this chair to at least help him through his final year of college -- I have two jobs and did this yard sale to hopefully raise some more money to cover a lot of the expenses over the past year. I feel really bad for the woman, but I think I'll feel worse if I have to ask my brother for the money back.
 

BL

Senior Member
I guess my question is, do I legally owe this woman $300? [ quote ]

My guess is no . You definitely owe the deposit . I'm not aware of any laws on private sales of breach of contracts as in yard sales .

I would send them a certified return receipt letter , again apologizing for any inconvenience , enclose a Money Order in the amount of the deposit (with refund of deposit ) on it .

I would not pay the $300.00
If she is not satisfied, then she would have to take you to small claims court.
It will be up to the Judge to decide, but I can't see the Judge ordering the $300.00 . Maybe some and her filing fee, but not $300.00.
 

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