What is the name of your state? ny
i recently entered into an agreement via email as a seller.
I was going to sell a vintage bicycle for a a few thousand dollars.
In email correspondence with the buyer previously i was told that i had a replica on my hands
he specifically stated "a replica like yours"
I i got a deposit of $1000 via paypal which i initially stated i didnt want via paypa, but i guess? I accepted by literally saying "do it up" doesnt sound like very binding terminology.
Well a few days after the money went through I got an email from the builders son saying that this was a bike built for a professional team in the early 70's , hence not a replica like I was told .
This changes everything , its not what i agreed to sell. Its a peice of history and I decided I didnt want to sell it. i refunded their thousand dollars and was honest about the reason.
Usually there is a sense of comradery amongst collectors as far as ive been aware .
I also stated that I needed a couple days to think about it.
I immediately received an email stating that it was a contract? and I would be sued.
No more thinking about I didnt want to deal with this person any further .
i was threatened with punitive damages and breach of contract and "more in legal fees that I could pay"
It then turned to threats including putting my address in one email assuring me that he knows where i live.
The guy has been throwing insults and threats at me constantly and ive warned him to stop harassing me .
I told him that he misrepresented what i had and now it was not a replica that i was selling.
He then stated he never said that, so I emailed him a copy of the exact email , which stated just that .
Aside from lying to me and attacking my character what legal action can i pursue if he does sue. can I counter sue for harassment and the stress this has caused myself and my wife.
What can he sue me for . as best I can see one way for a seller to get out is "there was a misrepresentation by the purchaser, maybe the fact that I never sign my emails or the fact that I dont beleive my real name appears on my email acct. My paypal obviously does.
Does this email appear to be a binding contract ?
Ive also seen that changing circumstances can allow for teh seller to back out.
I am not happy about this at all and the internet clearly shows that buyers are usually protected.
I also decided to keep the bike for myself ,not for more dollars. although this new description makes it worth far more and exceedingly rare .
I would appreciate any help and if this goes further i will personally seek counsel. i have so far got legal councel through a friend who was riding with a lawyer a few days ago and says he doesnt have a case?
Oh, and ive been threatened several times about how much money he has and how fun this will be for hs lawyer. i know his occupation and dont doubt the money . i think one thing was "i pay more in tips ina week than you make ina month"
I dont want to go through the hassle of court, 2 different states . Also when I said will let others know in our group of collectors via forums about his pushing he threatened me with slander and libel. What if its all true and I just paste all of my emails between us in a thread ?
How binding are emails?
i recently entered into an agreement via email as a seller.
I was going to sell a vintage bicycle for a a few thousand dollars.
In email correspondence with the buyer previously i was told that i had a replica on my hands
he specifically stated "a replica like yours"
I i got a deposit of $1000 via paypal which i initially stated i didnt want via paypa, but i guess? I accepted by literally saying "do it up" doesnt sound like very binding terminology.
Well a few days after the money went through I got an email from the builders son saying that this was a bike built for a professional team in the early 70's , hence not a replica like I was told .
This changes everything , its not what i agreed to sell. Its a peice of history and I decided I didnt want to sell it. i refunded their thousand dollars and was honest about the reason.
Usually there is a sense of comradery amongst collectors as far as ive been aware .
I also stated that I needed a couple days to think about it.
I immediately received an email stating that it was a contract? and I would be sued.
No more thinking about I didnt want to deal with this person any further .
i was threatened with punitive damages and breach of contract and "more in legal fees that I could pay"
It then turned to threats including putting my address in one email assuring me that he knows where i live.
The guy has been throwing insults and threats at me constantly and ive warned him to stop harassing me .
I told him that he misrepresented what i had and now it was not a replica that i was selling.
He then stated he never said that, so I emailed him a copy of the exact email , which stated just that .
Aside from lying to me and attacking my character what legal action can i pursue if he does sue. can I counter sue for harassment and the stress this has caused myself and my wife.
What can he sue me for . as best I can see one way for a seller to get out is "there was a misrepresentation by the purchaser, maybe the fact that I never sign my emails or the fact that I dont beleive my real name appears on my email acct. My paypal obviously does.
Does this email appear to be a binding contract ?
Ive also seen that changing circumstances can allow for teh seller to back out.
I am not happy about this at all and the internet clearly shows that buyers are usually protected.
I also decided to keep the bike for myself ,not for more dollars. although this new description makes it worth far more and exceedingly rare .
I would appreciate any help and if this goes further i will personally seek counsel. i have so far got legal councel through a friend who was riding with a lawyer a few days ago and says he doesnt have a case?
Oh, and ive been threatened several times about how much money he has and how fun this will be for hs lawyer. i know his occupation and dont doubt the money . i think one thing was "i pay more in tips ina week than you make ina month"
I dont want to go through the hassle of court, 2 different states . Also when I said will let others know in our group of collectors via forums about his pushing he threatened me with slander and libel. What if its all true and I just paste all of my emails between us in a thread ?
How binding are emails?