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Seller Verbal Agrrement

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just-me

Junior Member
What is the name of your state (only U.S. law)? North Carolina
I made a deal with my brother and purchased a camper to use as a temporary residence over the winter. The final payment was made in May 2009. I have been trying to procure the camper since that time. Access to move the camper was blocked by an automobile and other miscellaneous items. Around June 2009 he stated that he would have to build a building to place stored items from the camper before I could move it. I helped him build this building and even provided building materials to hasten it's completion as I needed to get this camper checked out prepared for winter. He did finally give me the unsigned title to the camper but has not removed the obstructions so that I can take possession. He owns a truck and stated he would move the camper to his lot across the street and I could then take possession.

That was 2 months ago and nothing has been moved. Out of aggravation I emailed him and asked him to keep his word as it is fall and turning cold. At first he made an excuse that he could not move it by himself, then he sent me an email challenging me to try and take the camper, it seems he has no intention of releasing the property. His now ex-wife is a witness to the fact that I purchased the camper, furthermore he procured building materials from some of our relatives under pretense that he had to build this building so I could get the camper stating to them the camper was mine..

Do I have grounds to take him to court and could I win since he still has possession?

I am disabled and I can not afford to purchase another camper. I don't want money, I only want what I paid for.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


Mass_Shyster

Senior Member
What is the name of your state (only U.S. law)? North Carolina
I made a deal with my brother and purchased a camper to use as a temporary residence over the winter. The final payment was made in May 2009. I have been trying to procure the camper since that time. Access to move the camper was blocked by an automobile and other miscellaneous items. Around June 2009 he stated that he would have to build a building to place stored items from the camper before I could move it. I helped him build this building and even provided building materials to hasten it's completion as I needed to get this camper checked out prepared for winter. He did finally give me the unsigned title to the camper but has not removed the obstructions so that I can take possession. He owns a truck and stated he would move the camper to his lot across the street and I could then take possession.

That was 2 months ago and nothing has been moved. Out of aggravation I emailed him and asked him to keep his word as it is fall and turning cold. At first he made an excuse that he could not move it by himself, then he sent me an email challenging me to try and take the camper, it seems he has no intention of releasing the property. His now ex-wife is a witness to the fact that I purchased the camper, furthermore he procured building materials from some of our relatives under pretense that he had to build this building so I could get the camper stating to them the camper was mine..

Do I have grounds to take him to court and could I win since he still has possession?

I am disabled and I can not afford to purchase another camper. I don't want money, I only want what I paid for.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
You can sue anyone at any time. The question is will you win.

Most small claims courts cannot force him to deliver the camper. They can only allow money damages. But... If you show that now, because he has failed to deliver the camper, you must spend X to get another place to live, your damages may be found to be X.

You will need to provide some sort of evidence that you paid for the camper. If you paid by check, that's pretty good. If you paid by cash, he can dispute you ever gave it to him.

I don't know how much you paid, so I don't know if you are over the small claims limit for your state.

Maybe a small claims summons will motivate him to follow up on his promise.
 

just-me

Junior Member
I paid him $1000.00 for the camper. The arrangement was that I pay off a loan. Payments were made in cash. No receipts from him, never needed one before with my dealings concerning my own brother. Would there be any other recourse besides small claims? The only proof I can offer is the witness to the arrangement. The loan has been paid off months ago and speaks for itself.

Thank You
 

Mass_Shyster

Senior Member
I paid him $1000.00 for the camper. The arrangement was that I pay off a loan. Payments were made in cash. No receipts from him, never needed one before with my dealings concerning my own brother. Would there be any other recourse besides small claims? The only proof I can offer is the witness to the arrangement. The loan has been paid off months ago and speaks for itself.

Thank You
Go find a similar camper and sue him for the asking price of the other one.

He owes you a camper, and it will cost you $2500 (made up number) to get a camper. Like I wrote earlier, maybe if you sue him for $2500, he will decide it's just easier to give you your camper.
 

just-me

Junior Member
Thank you for your advice, it is appreciated. Unfortunately he has an attorney on retainer and I'm sure he has been advised that I likely can not make him give me the camper or win if I sue him. Opening a law suit to intimidate him would not work. He has pulled this type thing on other family members over the years, and always won, but never on me. It's sad that the strong and powerful feel they have to prey on the weak and less fortunate.
 

latigo

Senior Member
Listen!

If you are going to back down and let your brother walk over you just because “he has an attorney on retainer” and has similarly mistreated other family members with impunity, then why are you bothering to ask for legal help?

Because if you don’t intent to stand up for your rights and take legal action to recover the camper or its value, and perhaps seek assistance through a North Carolina legal advocacy program for the disabled, then what’s the sense in it?
 

just-me

Junior Member
I did not say I was backing down, merely pointing out that trying to intimidate him with a suit would not work. That is why I asked if there were any other legal recourse. I can prove I purchased the camper, I can not prove I paid him for it. I am not aware of a North Carolina legal advocacy program for the disabled but I am interested in learning about it. I am not a quitter and I will pursue the avenue that will best serve the issue. I am just not sure what avenue that is. That is why I am asking for advice.
 

Mass_Shyster

Senior Member
Thank you for your advice, it is appreciated. Unfortunately he has an attorney on retainer and I'm sure he has been advised that I likely can not make him give me the camper or win if I sue him. Opening a law suit to intimidate him would not work. He has pulled this type thing on other family members over the years, and always won, but never on me. It's sad that the strong and powerful feel they have to prey on the weak and less fortunate.
A retainer does not grant free use of an attorney. It's simply a payment method where the attorney is paid upfront.

If he really wasted his attorney's time with this matter, I'd be surprised. He still has to pay for his attorney's time.

I think it's even less likely that he'll show up in small claims with his attorney.

But of you want to let him bully you, like he seems to have done with everyone else in the family, that's your right.
 

Mass_Shyster

Senior Member
I did not say I was backing down, merely pointing out that trying to intimidate him with a suit would not work. That is why I asked if there were any other legal recourse. I can prove I purchased the camper, I can not prove I paid him for it. I am not aware of a North Carolina legal advocacy program for the disabled but I am interested in learning about it. I am not a quitter and I will pursue the avenue that will best serve the issue. I am just not sure what avenue that is. That is why I am asking for advice.
How can you prove you bought the camper?

How can he prove you did not pay for the camper?

The burden of proof is "more likely than not" for a civil case. It's not "beyond a reasonable doubt" like a criminal case.

If you can convince the judge/magistrate that you paid, you will win.

Will your brother purger himself in order to screw you out of your camper? If he does, will anyone else in the family ever trust him again?
 

just-me

Junior Member
I will not let him bully me as he has done to the other family members. He has done that far to long. I paid him fair and square. I will go to the courthouse tomorrow morning and file the complaint. Perhaps you are right and he will give in. Either way I will post back the results so you know I followed through with your advice.

Thank You
 

just-me

Junior Member
Nobody in the family trusts him now.
Yes he would purger himself to win.
His now ex-wife was present and a part when the deal was made and can testify to it.
He procured building materials from a cousin and told him the camper was mine, that is why he needed the materials.
He told several other family members the camper was mine, they will testify to that.
 

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